K O Transmission Company
Original Volume No. 1
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Effective Date: 07/01/2003, Docket: RP03-421-000, Status: Effective
Third Revised Sheet No. 57 Third Revised Sheet No. 57 : Effective
Superseding: Second Revised Sheet No. 57
GENERAL TERMS AND CONDITIONS (continued)
4. Release and Assignment of Service Rights (con't.)
4.7 Recall: Reassignment of Assigned Service Rights
(a)
Agreements Subject to Recall. Releasing Shippers shall be permitted
to specify as a condition for releasing capacity the right to recall
that assigned capacity upon notice to Transporter and to Replacement
Shipper. Any such recall provision must be included in the Release
Notice originally submitted by Releasing Shipper and in the
assignment agreement executed following assignment of the capacity.
The Release Notice and the assignment agreement governing the
assigned capacity shall clearly state (i) the frequency with which
Releasing Shipper may recall any released capacity, (ii) the maximum
duration of any such recall, (iii) the length of the advance notice
to Transporter and Replacement Shipper required before recall may be
effectuated, and (iv) whether and under what conditions any right of
first refusal held by Releasing Shipper is transferred to
Replacement Shipper, and (v) such other terms as Releasing Shipper
may specify.
Releasing Shipper also may provide in the Release Notice for self-
implementing recalls of the released capacity to be effected without
the participation of Transporter, where such self-implementing
recalls would be consistent with pipeline operations; provided that
Transporter has approved in advance the terms and conditions
applicable to that self-implementing release. Replacement Shipper
shall be permitted to make secondary
assignments of all or any part of the capacity contained in its
assignment agreement that is subject to Releasing Shipper's right to
recall, provided, however, that such assignments shall not vary the
recall provisions contained in the original assignment; provided,
moreover, that all recalls must comply with (b) below.
(b)
Agreements Not Subject to Recall. A Replacement Shipper that
desires to release some or all of its assigned capacity (Replacement
Shipper/Secondary Releasing Shipper) may release and reassign all or
a portion of the assigned capacity to other parties (Secondary
Replacement Shippers) if the original assignment is not subject to
recall by the original Releasing Shipper, as described in Section
4.7(a). Any such reassignment must satisfy all of the posting,
bidding and notice requirements set forth in this Section, and any
Secondary Replacement Shipper must satisfy all of the
creditworthiness and other requirements set forth in this Section.
No limitation unless prohibited by the Releasing Shipper shall be
placed on the number of times service rights that are not subject to
recall may be reassigned, provided however that a Replacement
Shipper/ Secondary Releasing Shipper may not assign rights any
greater than the rights it received pursuant to the earlier
assignment, and may not place any unreasonable or discriminatory
conditions on such assignments.
(c)
Assignment Agreements that call for payment by Shipper of a
volumetric rate may not be released and assigned.