Transwestern Pipeline Company, LLC

Third Revised Volume No. 1

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Effective Date: 10/23/2006, Docket: RP06-604-000, Status: Effective

First Revised Sheet No. 170 First Revised Sheet No. 170 : Effective

Superseding: Original Sheet No. 170

GENERAL TERMS AND CONDITIONS

(continued)

 

B. Any Releasing Shipper offering capacity for Capacity Release will, by electronically posting

capacity or by having Transporter electronically post capacity, automatically enter into an

amendment to Shipper's underlying contract, subject to procedures set out in Section 18.6 of

these General Terms and Conditions. Such amendment shall take effect only upon the

confirmation of a prearranged transaction or upon the award of such capacity.

 

C. The information set forth in the offer to release capacity shall be posted on Transporter's

Internet Website by the Releasing Shipper, or by Transporter if requested by Releasing

Shipper. Transporter shall only post completed offers to release capacity. Such information

shall be posted in accordance with the minimum time periods set forth in Section 30.4. With

respect to offers to be posted by Transporter, Transporter shall post any such offer upon

receipt, unless the Releasing Shipper requests otherwise. The Releasing Shipper may request a

posting time consistent with the time lines set forth in Section 30.4. A Releasing Shipper

shall separately provide to Transporter any minimum conditions that are

not to be disclosed in the offer to release capacity.

 

D. Transporter shall post on its Internet Website the following information in the offer to

release capacity:

 

1. the maximum reservation rate (including demand-type

surcharges) specifically applicable to the shipper's capacity being released,

2. the date and time by which bids must be submitted under the

applicable allocation method,

3. the date and time the notice is posted on the Internet Website

and

4. latest date and time capacity will be awarded in accordance

with the time lines set forth in this Section 30.

 

E. Withdrawal of offer to release capacity: The Releasing Shipper may withdraw or cause

Transporter to withdraw the offer to release capacity up to the close of the applicable bid

submittal period; provided, however, withdrawal will be allowed only if the Releasing Shipper

has an unanticipated requirement for the capacity and no minimum bid has been made. An offer

to release capacity is binding until written or electronic notice of withdrawal is received by

Transporter.

 

F. Releasing Shippers may, to the extent permitted as a condition of the capacity release,

recall released capacity. The Releasing Shipper shall submit the Releasing Shipper's recall

or reput notices to Transporter using Transporter's Internet Website in accordance with the

deadlines and procedures established in the NAESB Standards. Notification by Transporter to

all affected Replacement Shippers for each recall that is processed shall be through direct

notice using Internet E-mail or direct notification to Shipper's Internet URL address.

Shipper is responsible for providing current addresses to Transporter. Failure of Shipper to

maintain current addresses on file with Transporter will relieve Transporter of this

obligation. 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 expense (including reasonable attorney's fees) resulting from claims by any

Replacement Shipper that released capacity was not recalled in accordance with the recall

rights specified in the Releasing Shipper's offer.