Mississippi Canyon Gas Pipeline, LLC

First Revised Volume No. 1

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Effective Date: 09/01/2005, Docket: RP05-454-001, Status: Effective

Sub Third Revised Sheet No. 123 Sub Third Revised Sheet No. 123 : Effective

Superseding: Sub Second Revised Sheet No. 123

GENERAL TERMS AND CONDITIONS (cont'd)

 

19.4 Recall Rights Under a Temporary Release, subject

to Recall - (cont'd)

 

(d) Transporter has the right to rely on a RELEASING

SHIPPER's notice and a RELEASING SHIPPER shall

defend and indemnify Transporter against any

claims, losses, liabilities or expenses resulting

from claims by any ACQUIRING SHIPPER that it was

not notified or that firm capacity was not

recalled in accordance with the recall rights

specified by the RELEASING SHIPPER in its Offer.

 

(e) Recalls or reputs on a non-Business Day: The

RELEASING SHIPPER recalling or reputting capacity

on a non-Business Day must provide notice to

Transporter and the first Replacement Shipper at

least one hour prior to the notice deadline for

the applicable nomination cycle provided for in

this section. The notice to Transporter must be

telephonic to Transporter's Gas Control Center (1-

877-548-1800). Transporter should provide

telephonic notification of such recall or reput

to all affected Replacement Shippers by the

applicable nomination cycle deadline.

 

(f) If recall is subject to reput and time remains in

the term for which the firm capacity was

temporarily released, the capacity shall revert

back to the last ACQUIRING SHIPPER either on the

date previously specified in the Offer or upon

notice given by the RELEASING SHIPPER by 8:00 a.m.

CCT on nomination day provided that the reput

shall be effective as of the start of a day and

must be for a term of at least one full day. When

capacity is recalled, it may not be reput for the

same gas day. The deadline for notifying the

Transportation Service Provider of a reput is 8:00

a.m. to allow for timely nominations to flow on

the next gas day. If following the recall, no time

remains in the term for which the capacity was

temporarily released, the capacity rights shall

remain with the RELEASING SHIPPER for either its

continued utilization or for release again

pursuant to this Section 19.

 

(g) In the event of an intra-day capacity recall, the

Transportation Service Provider (TSP) should determine the

allocation of capacity between the RELEASING SHIPPER and the

REPLACEMENT SHIPPER (s) based upon the Elapsed Prorata Capacity

(EPC). Variations to the use of EPC may be necessary to reflect

the nature of the TSP's tariff, services, and/or operational

characteristics.