Freebird Gas Storage, L.L.C.

First Revised Volume No. 1

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Effective Date: 10/01/2008, Docket: RP08-304-000, Status: Effective

Original Sheet No. 125 Original Sheet No. 125 : Suspended

 

Replacement Shipper shall revise its nominations

within the applicable nomination cycle in order to implement the recall. Each

affected Replacement Shipper will be solely responsible for adjusting its

supply and transportation arrangements, which may be necessary as a result of

such recall. Replacement Shippers involved in re-release transactions may

receive notice slightly after the first Replacement Shipper receives notice.

The recalling Releasing Shipper may nominate the recalled capacity consistent

with the applicable nomination cycle, as defined in Section 8.2 of these

General Terms and Conditions.

 

(f) Partial Day Recall Quantity. The daily contractual entitlement that can

be recalled by a Releasing Shipper for a partial Day recall is a quantity

equal to the lesser of:

 

(a) The quantity specified in the Releasing Shipper’s notice to recall

capacity; or

 

(b) The difference between the quantity released by the Releasing Shipper and

the Elapsed Prorata Capacity Quantity.

 

In the recall notification provided to Freebird by the Releasing Shipper, the

quantity to be recalled shall be expressed in terms of the adjusted total

released capacity entitlements based upon the Elapsed Prorata Capacity. In

the event of an intraday capacity recall, Freebird shall 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 the EPC may be necessary to reflect the nature of Freebird’s tariff

services, and/or operational characteristics. Freebird shall not be obligated

to deliver in excess of the total daily contract quantity of the release as a

result of NAESB WGQ Standard No. 5.3.55, as set forth in this Section 4.13(f).

The amount of capacity allocated to the Replacement Shipper(s) should equal

the original released capacity less the recalled capacity that is adjusted

based upon the EPC or other tariff specific variations of the EPC in

accordance with NAESB WGQ Standard No. 5.3.56.

 

The amount of capacity allocated to the Replacement Shipper(s) shall equal the

original released quantity less the recalled capacity. This allocated daily

contractual quantity shall be used for purposes of nominations, billing, and

if applicable, for overrun calculations.

 

(g) Reput Provisions. Freebird shall support the function of reputting by

the Releasing Shipper. The Releasing Shipper may reput previously recalled

capacity to the Replacement Shipper pursuant to the reput rights and methods

identified in the Releasing Shipper’s notice to release capacity, as required

by Section 4.1(g). When capacity is recalled, such capacity may not be reput

for the same Day. The deadline for the Releasing Shipper to notify Freebird

of a reput of capacity is 8:00 A.M. CCT to allow the Replacement Shipper to

submit timely nominations for Gas to flow on the next Gas Day.

 

(h) Following the awarding of capacity to a Replacement Shipper in accordance

with the procedures provided in this Section, the Releasing Shipper’s rights

and Freebird’s obligations under the Releasing Shipper’s Service Agreement

shall be modified and subject to the capacity rights released and assigned to

the Replacement Shipper for the term of such release. Effecting a release

pursuant to the provisions of this Section shall constitute Releasing

Shipper’s consent and agreement to such amendment or modification of its

existing Service Agreement.

 

(i) The quantities of MSQ, MDIQ and MDWQ must be in the same proportions

reltive to each other as is set forth in the Releasing Shipper’s original FSS

Service Agreement. The offer to release by a Shipper under Rate Schedule FSS

must specify the quantities of MSQ, MDIQ, MDWQ or rights offered, and actually

available on the effective date of the assignment, and the exercise of such

rights, in