Mogas Pipeline LLC (Fomerly Missouri Interstate Gas)

First Revised Volume No. 1

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Effective Date: 06/01/2008, Docket: CP06-407-002, Status: Effective

Original Sheet No. 78 Original Sheet No. 78 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

21. Capacity Release Program (continued)

 

(vi) For the capacity release business process

timing model set forth in Section 21.3(d), only the following

methodologies are supported by Transporter and provided to

Releasing Shippers as choices from which they may select and,

once chosen, should be used in determining the awards from the

bid(s) submitted. They are: 1) highest rate, 2) net revenue and

3) present value. Other choices of bid evaluation methodology

(including other releasing shipper defined evaluation

methodologies) can be accorded similar timeline evaluation

treatment at the discretion of Transporter. However, Transporter

is not required to offer other choices or similar timeline

treatment for other choices, nor is Transporter held to the

timeline should the releasing shipper elect another method of

evaluation.

 

(f) If the Releasing Shipper wishes to recall capacity

to be effective for a Gas Day, the notice should be provided to

Transporter and the acquiring shipper no later than 8 a.m.

Central Clock Time on nomination day; provided, however, the

Releasing Shipper may not effect a partial day recall of

capacity. Such notification will confirm that the conditions of

recall have been met and will be accompanied by the required

scheduling information. A Releasing Shipper may specify in the

Release Request whether the recalled capacity is to be reput to

the original Replacement Shipper and the terms of the reput.

These terms may be either: (i) reput must be accepted by the

original Replacement Shipper for the original terms of the

release, or (ii) reput may be accepted at the option of the

original Replacement Shipper for the original terms of the

release. The Releasing Shipper may effect a reput by notifying

Transporter and Replacement Shipper by 8:00 a.m. Central Clock

Time on the day of the nomination deadline on the day prior to

the effective date of the reput of entitlements to Replacement

Shipper.

 

(g) Notwithstanding anything herein to the contrary,

all Releasing Shippers that release capacity shall remain

responsible for payment of all reservation charges for released

transportation unless Transporter consents to a permanent release

after the Replacement Shipper submits all necessary information

for a new service request, satisfies all creditworthiness

requirements and the Releasing and Replacement Shippers execute

all necessary service agreements or amendments with Transporter.

Transporter and Shipper may, in connection with their agreement

to a Negotiated Rate under a firm transportation rate schedule,

agree upon Releasing Shipper payment obligations and crediting

mechanisms in the event of a capacity release that vary from or

are in addition to those set forth herein and in Subsection (i)

of this Section. The Releasing Shipper shall receive a

reservation charge credit equaling the reservation charge dollars

for which Transporter bills the Replacement Shipper. A

reservation rate for the purposes of this Section 21 consists of

(i) the base reservation rate, and (ii) all applicable

surcharges. Any discount from said rate comes first off the

surcharges and then off the base reservation rate; therefore a

Releasing Shipper paying a discounted rate is only entitled to

receive any revenues from the release of its capacity that exceed

the amount of the applicable surcharges.