White River Hub, LLC

Original Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-645-000, Status: Effective

Original Sheet No. 85 Original Sheet No. 85

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

6.14 Permanent Release of Capacity.

 

(a) Where all or a portion of a Shipper's capacity has been

permanently released for the entire remaining term of the releasing Shipper's

service agreement without recall or interruption rights, the Releasing Shipper

may request White River to amend or terminate its service agreement to reflect

the permanent release of the capacity.

 

(b) White River shall not be obligated to amend the Releasing

Shipper's service agreement to reflect the permanently released capacity

unless the capacity is released at rate not less than the Releasing Shipper's

contract rate and for the full term of the agreement and the Replacement

Shipper meets White River's creditworthiness requirements stated in § 8.

Otherwise, White River may condition an amendment to the agreement on payment

of exit fees. White River will not amend or enter into a service agreement

for a permanent release of capacity at a volumetric rate.

 

(c) Unless White River agrees to amend the Releasing Shipper's

service agreement, the Releasing Shipper shall remain liable for payment of

the reservation fee under the agreement.

 

(d) If capacity is permanently released, the Replacement Shipper

will acquire the right of first refusal held by the Releasing Shipper as

described in § 7 to this tariff for the capacity acquired by the Replacement

Shipper.