Trailblazer Pipeline Company

Fourth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 12/28/2007, Docket: RP08-168-000, Status: Effective

Original Sheet No. 215 Original Sheet No. 215 : Effective

 

GENERAL TERMS AND CONDITIONS

----------------------------

 

19.19 TRAILBLAZER'S RIGHT TO TERMINATE A CAPACITY RELEASE

 

Trailblazer may elect to terminate a Replacement Shipper's

Agreement with Trailblazer upon prior written notice of at least thirty

(30) days to the Replacement Shipper, under the following conditions:

 

(a) The Releasing Shipper has failed to make timely payment

or maintain credit (or provide adequate assurance of payment) in

accordance with Sections 6.9, 6.10 and/or 17 of these General Terms and

Conditions and Trailblazer has suspended or terminated service to the

Releasing Shipper or has provided notice under Section 6.9 or Section

6.10 which ultimately results in suspension or termination of service;

and

 

(b) The rate stated in the Replacement Shipper's Agreement is

less than the rate for service under Trailblazer's contract with the

Original Shipper; provided, however, that (except as provided later in

this paragraph) a Replacement Shipper which is creditworthy can

continue an existing capacity release by notifying Trailblazer that it

agrees to pay a rate which it specifies that equals the lower of: (i)

the applicable maximum rate; or (ii) the same rate as is the original

Agreement between Trailblazer and the Releasing Shipper. Alternatively,

Trailblazer and the Replacement Shipper may agree upon other pricing

terms that are equal to or lower than the rate options in the prior

sentence, in which case the release shall continue. Notwithstanding

the provision in the prior two sentences, with respect to an Expansion

2002 Agreement which was entered into in support of Expansion 2002, or

any successor contract or Shipper, Trailblazer may terminate such

release unless that release is at a rate which equals the negotiated

rate under the Expansion 2002 Agreement, including the negotiated

reservation rate, the negotiated commodity rate and applicable

Expansion 2002 fuel charges. Such notification or agreement must be

effectuated prior to the end of the notice period.