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);