Pine Needle LNG Company, LLC

Original Volume No. 1

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Effective Date: 07/01/2003, Docket: RP03-428-000, Status: Effective

Second Revised Sheet No. 75 Second Revised Sheet No. 75 : Effective

Superseding: First Revised Sheet No. 75

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

20. CAPACITY RELEASE (Continued)

 

20.10 Recall Rights/Reput Rights

 

(a) Recall conditions cannot be expanded or in any way modified by subsequent

Releasing Customers. The Releasing Customer specifying the recall conditions

shall be the only party that can exercise and administer such Recall Rights.

In the event of any conflict, the instructions and communications of the

Releasing Customer specifying the recall conditions shall govern.

 

(b) Pine Needle shall have no liability to any party in relying on the recall

instructions and conditions specified by the Releasing Customer, except to the

extent that such party establishes that Pine Needle has incorrectly applied

such instructions as a result of the negligent action or willful misconduct of

Pine Needle.

 

(c) Releasing Customers may, to the extent permitted as a condition of the capacity

release, recall released capacity (scheduled or unscheduled) at the Timely

Nomination Cycle and the Evening Nomination Cycle, and recall up to two-thirds

of the released capacity at the Intraday 1 Nomination Cycle and up to one-half

of the released capacity at the Intraday 2 Nomination Cycle by providing notice

to Pine Needle by the following times for each cycle:

 

(i) Timely Recall Notification:

 

(a) A Releasing Customer recalling capacity should provide notice of

such recall to Pine Needle and the first Replacement Customer no

later than 8:00 a.m. on the day that Timely Nominations are due;

 

(b) Pine Needle should provide notification of such recall to all

affected Replacement Customers no later than 9:00 a.m. on the day

the Timely Nominations are due (Central Clock Time);

 

(ii) Early Evening Recall Notification:

 

(a) A Releasing Customer recalling capacity should provide notice of

such recall to Pine Needle and the first Replacement Customer no

later than 3:00 p.m. on the day that Evening Nominations are due;

 

(b) Pine Needle should provide notification of such recall to all

affected Replacement Customers no later than 4:00 p.m. on the day

that Evening Nominations are due (Central Clock Time);