Oktex Pipeline Company

Original Volume No. 1

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

Original Sheet No. 40A.01 Original Sheet No. 40A.01

XXXIII. CAPACITY RELEASE

1. Transporter will provide a firm capacity release mechanism pursuant to

this Article XXXIII through which (1) existing Shippers can voluntarily

release and assign all or part of their firm transportation capacity rights to

a potential shipper that wants to obtain that capacity by contracting with

Transporter. Shippers may release and assign their firm transportation

capacity on Transporter (Part 284 capacity) only under this Article XXXIII of

the General Terms and Conditions. Individually certificated capacity cannot

be released hereunder. Transportation service provider will provide

volumetric releases in accordance with NAESB Standard 5.3.5. A capacity

release with a term of one year or less and the release is to take effect on

or before one year from the date on which the Shipper notifies the Transporter

of the release may exceed the maximum rates for the applicable service being

released as set forth on the applicable currently effective tariff sheets. The

rate paid by Shipper for these releases will be deemed to be a final rate and

is not subject to refund.