Trailblazer Pipeline Company
Fourth Revised Volume No. 1
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Effective Date: 12/28/2007, Docket: RP08-168-000, Status: Effective
Original Sheet No. 148 Original Sheet No. 148 : Effective
GENERAL TERMS AND CONDITIONS
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(c) Trailblazer and Balance Operator must not have
previously entered into such agreement which was terminated because of
Balance Operator's failure to perform. Nothing herein is intended to
restrict Trailblazer's rights to terminate in accordance with its terms
any agreement entered into hereunder, including without limitation the
right to terminate for Balance Operator's failure to perform consistent
with its obligations under the agreement.
10.13 SEGMENTATION OF CAPACITY
(a) Commencing on December 1, 2003, a Shipper may
segment the primary path of its own firm capacity to the extent
operationally feasible through the nomination process under this Section
10.13. In addition, any Shipper may segment the primary path of its firm
capacity on release of that capacity to the extent operationally feasible,
by following the procedures set out in Section 19 of these General Terms
and Conditions.
(b) For the purposes of this Section 10.13 and subject
to the other provisions hereof, a primary path segmentation of firm
capacity (whether of Shipper's own capacity or on release) shall be deemed
operationally feasible unless: (i) the segmentation would result in an
increase in firm contractual obligation by Trailblazer on any segment or
portion of its system; or (ii) the segmentation would result in a forward-
haul in a direction opposite to the primary path of the Agreement being
segmented, as further set out in (e) below [backhauls are also addressed
in (e) below].
(c) In the event a firm capacity path is segmented under
this Section 10.13, each segment shall have access to all secondary points
on Trailblazer's system, so long as Trailblazer's system is not zoned.
Any point which is outside the segmentation path defined by the point(s)
of segmentation within the original primary path of the underlying
Agreement shall be treated as out-of-path secondary in relation to
nominations for that segment. If the points nominated on an out-of-path
secondary basis for any segment fall within another nominated segment of
the original contract path, thereby creating an overlap, the following
rules apply: (i) if the holder(s) of the primary path rights in the area
of overlap has submitted (and Trailblazer has confirmed) nominations at or
above the original contract MDQ, then any confirmed nomination on behalf
of another segment in the area of overlap will be authorized overrun; and
(ii) if the holder(s) of the primary path rights in the area of overlap
has submitted (and Trailblazer has confirmed) nominations which are less
than the original contract MDQ, then any confirmed nomination on behalf of
another segment in the area of overlap will be authorized overrun only to