Southern LNG Inc.
Original Volume No. 1
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Effective Date: 09/01/2005, Docket: RP05-395-000, Status: Effective
First Revised Sheet No. 77A First Revised Sheet No. 77A : Effective
Superseding: Substitute Original Sheet No. 77A
The Releasing Shipper should provide in its notification to Southern LNG the
quantity in terms of adjusted total released capacity entitlements based upon
the Elapsed Prorata Capacity (EPC) (NAESB 5.3.55). The EPC shall mean that
portion of the capacity that would have theoretically been available for use
prior to the effective time of the intraday recall based upon a cumulative
hourly use of the capacity (NAESB 5.2.3). In the event of an intra-day
capacity recall, Southern LNG should determine the allocation of capacity
between the Releasing Shipper and the Acquiring Customer(s) based upon the
EPC (NAESB 5.3.56). Southern LNG is not obligated to deliver in excess of
the total daily contract quantity of the release (NAESB 5.3.57). The amount
of capacity allocated to the Acquiring Customer(s) should equal the original
released capacity less the recalled capacity that is adjusted based upon the
EPC (NAESB 5.3.58).
A Releasing Customer must notify, or cause to be notified, the first
Acquiring Customer at the same time it provides notice to Southern LNG as set
forth above under the form of notification agreed upon by Releasing Customer
and Acquiring Customer (NAESB 5.3.44(i)(a) & 5.1.2) in a manner that will
permit affected parties sufficient time to place nominations or take other
corrective actions to avoid penalties (NAESB 5.1.4). Affected Acquiring
Customer should manage internal distribution of modifications of recall
received from Southern LNG (NAESB 5.3.52). Southern LNG has the right to rely
on a Releasing Customer's notice and a Releasing Customer shall defend and
indemnify Southern LNG against any claims, losses, liabilities, or expenses
resulting from claims by the Acquiring Customer that it was not notified or
that capacity was not recalled in accordance with the recall rights specified
by the Releasing Customer in its Offer.
If, following the recall, time remains in the term for which the capacity as
temporarily released, the capacity shall revert back to the last Acquiring
Customer upon notice given by the Releasing Customer in the same manner and
time as set forth above for exercising a recall of capacity prior to the
contract day on which the capacity is to again be released. If following
the recall no time remains in the term for which the capacity was
temporarily released, the capacity rights shall remain with the Releasing
Customer either for continued utilization by Releasing Customer or for
release again pursuant to this Section 16. When capacity is recalled, it
may not be reput for the same gas day (NAESB 5.3.53). The deadline for
notifying Southern LNG of a reput is 8:00 a.m. on the day that nominations
are due for the Daily Nomination Cycle set forth above in GT&C Section
12.1(c) (NAESB 5.3.54).