K O Transmission Company
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-394-001, Status: Effective
Substitute Fourth Revised Sheet No. 52 Substitute Fourth Revised Sheet No. 52
Superseding: Third Revised Sheet No. 52
GENERAL TERMS AND CONDITIONS (continued)
4. Release and Assignment of Service Rights (continued)
and commodity rate, and applicable surcharges and meets all requirements set
forth in this Tariff (collectively, "exempt transactions"): provided, however,
there shall be no maximum price cap for prepackaged arrangements one (1) year
or less in length, or for releases to an asset manager. Prepackaged
arrangements for more than 31 days and one (1) year or less in length are not
exempt transactions under this Section 4.2(a). For cross-month releases, the
maximum duration for eligibility as an exempt transaction under part (i) above
shall be 31 days.
(b)
Informational Posting. For any exempt transaction, as described in paragraph
(a) above, Releasing Shipper, for informational purposes, shall notify
Transporter via fax, e-mail or internet form prior to nominations of the
information in essentially the format as the form contained within this Tariff
identified as Informational Posting Form for Prearranged Assignments.
Transporter shall post the information on its website and Replacement Shipper
may nominate as soon as Transporter is informed of the exempt transaction.
(c)
Limitations on Continuation of Exempt Transactions. A Releasing Shipper that
has employed an exempt transaction to assign service to a designated
Replacement Shipper for a period of 31 days or less: (i) shall not roll over,
extend, or otherwise continue that release beyond its original term without
complying with the posting and competitive bidding requirements applicable to
all non-exempt transactions, as set forth in this Section, unless the
rollover, extension or continuation is at the maximum rate, meets all the
terms and conditions of the Release Notice, and qualifies as an exempt
transaction under this Section, or is released to an asset manager; and (ii)
shall not, pursuant to this exemption, re-release to the same Replacement
Shipper within 28 days after termination of the earlier release period without
fully complying with the ordinary posting and competitive bidding requirements
applicable to all non-exempt transactions, as set forth in this Section,
unless the re-release is at the maximum rate, meets all of the terms and
conditions of the Release Notice, and qualifies as an exempt transaction
under this Section, or is released to an asset manager.
(d)
Posting of Requests to Purchase. Transporter shall permit, at no charge,
postings on its website, for thirty (30) days, of requests from potential
Replacement Shippers seeking to purchase capacity. Such postings shall
contain all information regarding the requested assignment corresponding to
the information required for Release Notices. In the event that a posting of
a request to purchase results in a release and assignment, the Releasing
Shipper shall notify Transporter via fax, e-mail or internet form and the
transaction shall be posted for competitive bidding unless it qualifies as an
exempt transaction as defined herein.