K O Transmission Company
Original Volume No. 1
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Effective Date: 07/10/2004, Docket: RP00-394-003, Status: Effective
Second Revised Sheet No. 56 Second Revised Sheet No. 56 : Effective
Superseding: First Revised Sheet No. 56
GENERAL TERMS AND CONDITIONS (continued)
4. Release and Assignment of Service Rights (con't.)
4.5 Assignment Agreements
(a)
For all transactions effected pursuant to this Section, Transporter shall transmit
an Assignment Agreement reflecting the terms of the Release Notice to
Replacement Shipper following: (i) 5:00 p.m. (central clock time) on the day
bidding closes; or (ii) one hour after Releasing Shipper notifies Transporter of
an exempt transaction not subject to competitive bidding (by providing to
Transporter the information specified in Sections 4.1(b) and 4.2(b)). Replacement
Shipper may make a nomination at the beginning of the next available nomination
cycle. In the event Replacement Shipper has not executed the Assignment
Agreement prior to making a nomination, Replacement Shipper shall be deemed
to have executed Transporter's pro-forma Assignment Agreement.
(b)
Transporter and Replacement Shipper shall execute the Assignment Agreement
in substantially the form contained in this Tariff. The Assignment Agreement
shall contain all terms and conditions of the release and assignment; provided
that such terms and conditions are identical to those set forth in the underlying
Release Notice.
All Assignees must appear on Transporter's Approved Bidders List. If the
Replacement Shipper does not return such agreement within twenty-four (24) hours of
Transporter's tender (or such date or time established by Releasing Shipper through
notice to Transporter and Replacement Shipper), the bid and Transporter's offer of a
Service Agreement shall be void and Transporter shall tender an Assignment Agreement
to the next highest acceptable bidder, if any, consistent with the terms of the
Release Notice.
4.6 Implementation: Receipt and Delivery Points
Following acceptance of a bid for assignment,Transporter will accept nominations or
requests for alternate receipt or delivery points for the assigned capacity.
Replacement Shippers may submit nominations to Transporter in the next available
nomination cycle. Replacement Shippers may not however exercise flexible receipt or
delivery point authority at primary points unless such exercise is agreed to in
writing by Releasing Shipper. Quantities flowing under assigned service rights shall
have the same priority as those quantities had under the applicable underlying
service agreement originally entered into by Releasing Shipper and Transporter, and
that priority shall be unaffected by whether or not the assignment is subject to
recall, as described below.