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.