Transwestern Pipeline Company, LLC
Third Revised Volume No. 1
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Effective Date: 03/01/2009, Docket: RP09-254-000, Status: Effective
Fifth Revised Sheet No. 167 Fifth Revised Sheet No. 167
Superseding: Fourth Revised Sheet No. 167
GENERAL TERMS AND CONDITIONS
30. CAPACITY RELEASE
In this Section 30, Releasing Shipper shall mean a Shipper who releases or is seeking to release
all or any part of its firm transportation capacity to a third party.
Replacement Shipper shall mean a third party who receives either temporarily or permanently
released capacity, as defined below, from the Releasing Shipper under the Capacity Release Program.
Permanent Release: Under the FTS-1, LFT, FTS-4 and FTS-5 Rate Schedules, Releasing
Shipper will have the ability to permanently release its capacity, or any portion thereof.
Transporter is not required to but may choose to accept a bid at less than the rate
provided for in Releasing Shipper's Service Agreement provided that (i) Releasing Shipper
remits as an exit fee, a lump sum payment for the positive difference between the rate
provided for in the Releasing Shipper's Service Agreement and the bid rate for the full
term of the capacity release, or agrees to remain liable for any positive difference
between the Releasing Shipper's contract rate and the bid rate for the full term of the
capacity release, and (ii) when the Releasing Shipper's contract is at maximum tariff
rates, Transporter and Replacement Shipper reach agreement on a mechanism permitting the
periodic adjustment to the bid rate to reflect subsequent rate adjustments filed for and
approved by the FERC. Upon such permanent release, except as provided for herein for
releases at less than the Releasing Shipper's contract rates, Releasing Shipper is relieved
of its obligation to Transporter for payment of reservation charges and any surcharges to
the reservation charge.
Temporary Release: Under the FTS-1, LFT, FTS-4 and FTS-5 Rate Schedules, Releasing Shipper
will have the ability to temporarily release its capacity, or any portion thereof, for a
term designated by Releasing Shipper not to exceed the term of its underlying Service
Agreement. Upon such release, Releasing Shipper remains responsible to the Transporter
only for payment of reservation charges and any surcharges to the reservation charge, in
compliance with the underlying Service Agreement.
Releasing Shipper has the right to tender its capacity to Transporter to be released to
potential Replacement Shippers. The release of capacity is a permanent or temporary release
of capacity from specified receipt points to specified delivery points, for a designated
term and rate.
30.2 Evaluation Methods
All capacity available for release shall be allocated to the Replacement Shipper(s) based
upon one of the following methods, as determined by Releasing Shipper:
A. Highest rate
B. Highest net revenue
C. Highest present value calculated in accordance with Section 24.4 herein
D. Shipper designated method