Oktex Pipeline Company

Original Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-278-000, Status: Effective

Fourth Revised Sheet No. 40E Fourth Revised Sheet No. 40E

Superseding: 3rd Revised Sheet No. 40E

12. Transporter shall credit the invoice of the releasing Shipper the

proceeds actually received by Transporter attributable to capacity rights

released by the releasing Shipper, less any administrative fees set forth in

Sections 13 and 14 of this Article XXXIII.

13. Transporter shall not be paid any administrative fee for capacity

release hereunder. Refer to NAESB Standard 5.3.23 for the adjustment of

tariff rates.

14. Transporter shall be entitled to retain 15% of the Monthly Demand

Charge for each month paid by a potential shipper for capacity released by a

Shipper when such Shipper requests Transporter takes action to market released

capacity beyond posting the information on the IPP, and locates the potential

shipper. Transporter will not be compensated, however, if it does not locate

the potential shipper, such as when the Shipper has a pre-arranged deal or

where a potential shipper accepts a posted Shipper Notice without Transporter

actively marketing that released capacity. On the bidding formats, the number

of decimal places for offers, bids, and awards should be equal to the number

of decimal places in the stated rates per pipeline rate schedule. For

purposes of bidding and awarding, maximum/minimum rates specified by the

releasing shipper should include the tariff reservation rate and all demand

surcharges, as a total number or as stated separately.

15. Once the conditions of this Tariff are met and the terms and

conditions specified in the existing Shipper's offer to release are met, the

potential shipper and Transporter will execute an applicable service agreement

and the potential shipper will then be considered as any other Shipper on

Transporter's system. This service agreement will be available via the IPP,

and shall be executed and returned to the Transporter in accordance with the

provisions of Schedule B.

16. Except as provided in Section 17 of this Article XXXIII, any

assignment under this Article XXXIII shall be for monthly periods with a

minimum of at least one month, beginning at any time during a month, and shall

be for a maximum period expiring on the earlier of (1) the expiration date of

these tariff provisions, or (2) the expiration of the agreement that is

assigned when the assignment is for the full term of such agreement.

17. A Shipper may release any or all of its firm capacity for any period

thirty-one (31) days or less without complying with the notification and

bidding requirements of this Article XXXIII where such Shipper has located a

party to take its capacity and the release is posted by the Shipper on the IPP

as soon as possible, but not later than the first nomination, after the

release transaction commences. Such Shipper may not rollover, extend, or in

any way continue a release under this Section to the same party, unless

Shipper complies with the notification and bidding requirements of this

Article XXXIII, or the party qualifies for any of the other exemptions from

the notification and bidding requirements pursuant to Section 18. Otherwise,

Shipper may not release to the same party under this Section until twenty-

eight (28) days after the first release period has ended.