Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 03/14/2010, Docket: RP10-623-000, Status: Effective

First Rev Ninth Revised Sheet No. 529 First Rev Ninth Revised Sheet No. 529

Superseding: First Rev Eighth Revised Sheet No. 529

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(C) Capacity which is not subject to the right of first refusal claim pursuant to

this Section 3.13 shall be posted as available capacity on Pipeline's Website

and shall be marketed in accordance with Section 3.11 of Pipeline's General

Terms and Conditions.

 

3.14 Capacity Release

 

This Section 3.14 sets forth a firm capacity release mechanism pursuant to which

existing Customers under any firm, Open-access, Part 284 service agreement can

voluntarily release and assign all or part of their firm capacity rights to others that

want to obtain that firm capacity by entering into a contract with Pipeline. Customers

may release and assign their firm capacity on Pipeline under any firm, Open-access,

Part 284 service agreement only under this Section 3.14 of Pipeline's General Terms and

Conditions. This Section 3.14 is not applicable to any Customer whose service

agreement has been executed pursuant to an individually certificated service. Pipeline

will use an open bidding format and will post each Customer's offer to release capacity

(herein called Customer's Notice) and all the bids against that Customer's Notice,

except for the names of the parties. Bids are to be based on the Reservation Charge

only, provided the Reservation Charge may be converted into a volumetric charge. The

maximum rate for such volumetric releases is set forth on the Statement of Rates for

each applicable rate schedule. For the purposes of bidding and awarding, any maximum

and/or minimum rates specified by Releasing Customer shall include the tariff

reservation rate and all demand surcharges, specified as a total number or as stated

separately. For releases that become effective on or after July 30, 2008, the maximum

and/or minimum rates specified by Releasing Customer may exceed the maximum tariff rate

for the applicable service if (i) the term of the proposed release is one (1) year or

less, and (ii) the effective date of the proposed release is on or before one (1) year

from the date on which Pipeline is notified of the release.

 

(A) Capacity Eligible For Release:

 

Pipeline's Customers under any firm, Open-access rate schedules are permitted to

release their firm capacity in whole or in part as set forth in 3.14(J) herein,

on a full Day or a partial Day basis, on a permanent or temporary basis, and on

a recallable or non-recallable basis. Such Customer may propose an entity

(herein called Prearranged Customer) to obtain its released capacity from

Pipeline.

 

(B) Posting Requirements and Bid Periods for Releases Subject to Bidding:

 

The proposed duration of the Customer's release determines the minimum Bid

Period for the Customer's Notice pursuant to this Section 3.14. The capacity

release timeline is applicable to all parties involved in the capacity release

process; however, the standard timelines are only applicable if (i) all

information provided by the parties to the transaction is valid and the

acquiring shipper has been determined to be credit worthy before the capacity

release bid is tendered and (ii) there are no special terms or conditions of the

release. These Bid Periods are as follows: