Cimarron River Pipeline, LLC

Original Volume No. 1

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Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective

Original Sheet No. 215 Original Sheet No. 215

 

GENERAL TERMS AND CONDITIONS

 

11.7 Segmentation of Capacity by Nomination:

 

Any Shipper receiving Transportation service under Rate Schedule FT shall

have the right to segment its firm capacity by using multiple Receipt Points

and Delivery Points. The right to segment is subject to the requirement

that a Shipper's firm capacity use pursuant to its FT TSA and, if the FT TSA

is the result of capacity release, the firm capacity use of all other

Shippers of capacity rights derived from the initial FT TSA, does not

exceed, in the aggregate (based on all relevant Shipper firm capacity use),

the contract entitlements of the initial FT TSA in any segment or at any

point (including, without limitation, the relevant MDQ) where the nominated

segments overlap. For purposes of determining whether there is an overlap

of MDQ, a forward haul and a backhaul nominated to the same Delivery Point

at the same time shall not be deemed to be an overlap at that point. For

purposes of determining whether there is an overlap of MDQ on a segment, a

forward haul and a backhaul nominated on the same segment at the same time

shall be deemed to be an overlap on the segment. As a general matter, a

Shipper desiring to segment will have the right to use its Primary Receipt

Point(s) and Primary Delivery Point(s), as well as all Secondary Receipt

Points and all Secondary Delivery Points, so long as the use does not impair

Transporter's ability to render firm Transportation service, does not

adversely affect Shippers' firm Transportation service rights, and does not

adversely affect the safe and reliable operation of Transporter's pipeline

system.

 

11.8 Segmentation of Capacity by Capacity Release:

 

Releasing Shippers may also segment capacity through capacity release under

Section 19 of these General Terms and Conditions, subject to the requirement

that the release (or multiple releases) does not increase the total contract

entitlements in any segment or at any point (including, without limitation,

the relevant MDQ) above the contract entitlement of the initial FT TSA. For

purposes of determining whether there is an overlap of MDQ, a forward haul

and a backhaul nominated to the same Delivery Point at the same time shall

not be deemed to be an overlap at that point. As a general matter, a Shipper

(whether a Releasing Shipper or Replacement Shipper) will have the right to

use the relevant Primary Receipt Point(s) and Primary Delivery Point(s), as

well as all Secondary Receipt Points and all Secondary Delivery Points

located in the portion of Transporter's system on which Shipper has the right

to Transportation service, so long as (i) the use does not impair

Transporter's ability to render firm Transportation service to others, (ii)

does not adversely affect Shippers' firm Transportation service rights, (iii)

does not adversely affect the safe and reliable operation of Transporter's

pipeline system, (iv) does not change the direction of the Primary Path on

the segment, and (v) does not result in quantities being nominated in any

manner inconsistent with this Section 11.