Trunkline LNG Company, LLC

Second Revised Volume No. 1-A

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Effective Date: 08/01/2009, Docket: RP09-799-000, Status: Effective

Second Revised Sheet No. 97 Second Revised Sheet No. 97

Superseding: First Revised Sheet No. 97

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

9. CAPACITY RELEASE (Continued)

 

(I) TLNG will post the winning bids and Replacement

Shippers' identity on the Messenger® system for at

least five (5) Business Days.

 

9.5 Rights and Obligations of Releasing Shipper

 

(A) Regardless of the amount of capacity Releasing

Shipper releases under this Section 9, Releasing

Shipper shall remain liable for the Reservation and

Usage Charges attributable to the released capacity

unless otherwise agreed to in writing and in advance

by TLNG. In the event of a permanent release, TLNG

may, and will not unreasonably refuse to, waive

liability of Releasing Shipper for the Reservation

and Usage Charges.

 

(B) When capacity is awarded to Replacement Shipper,

Releasing Shipper must adjust or reconfirm its

nominations to reflect the capacity released. TLNG

will automatically change Releasing Shipper's

nominations to zero for the Service Agreement under

which capacity was released unless such nominations

are adjusted or reconfirmed by the Releasing Shipper.

 

(C) When Releasing Shipper partially releases its

capacity under a Service Agreement by releasing only

a portion of its MCSC or MDQ, as applicable,

Releasing Shipper's Service Agreement shall be deemed

to be modified in accordance with the release and

Releasing Shipper may not utilize the capacity

released during the term of the release.

 

(D) By the day the capacity is released, Releasing

Shipper shall reduce its Stored Volumes to the

remaining MCSC if any. Releasing Shipper may satisfy

its obligation to reduce its Stored Volume by causing

LNG to be withdrawn or Regasified LNG to be delivered

or by transferring Stored Volumes to another Shipper

pursuant to Section 4.4(B).

 

(E) Releasing Shipper shall retain all Rights of First

Refusal with respect to the released capacity, unless

such release is a permanent release.