Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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Effective Date: 08/01/2009, Docket: RP09-815-000, Status: Effective

First Revised Sheet No. 119 First Revised Sheet No. 119

Superseding: Original Sheet No. 119

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

7. SCHEDULING REQUIREMENTS

 

7.1 Nominating Agent. Shipper may designate a Nominating Agent,

to manage nominations relative to transportation service on

Shipper's behalf. Shipper shall provide UTOS with written

notification, communicated by mail or facsimile, specifying

the name, address, telephone number, and facsimile number of

the Nominating Agent. Nominating Agent who has been

designated to nominate and schedule transportation service

for more than one Shipper may provide aggregate

nomination(s) for multiple Shippers. UTOS is authorized to

rely on nominations and scheduling information provided by

Shipper's Nominating Agent. By designating Nominating

Agent, Shipper agrees to indemnify and hold UTOS harmless

from all suits, actions, debts, accounts, damages, costs,

losses, and expenses arising in any way from the actions of

Shipper's Nominating Agent on behalf of Shipper, the failure

of Shipper's Nominating Agent to act on behalf of Shipper,

or the reliance of UTOS upon the information provided to

UTOS by Shipper's Nominating Agent.

 

7.2 Nominations. All nominations shall include begin and end

dates. Shippers may nominate several Days, Months, or

years, provided that the nomination's begin and end dates

are within the term of the Shipper's contract and are not

less than one Day. All nominations, excluding intraday

nominations, may be rolled over. All nominations, including

intraday nominations, shall be based on a daily quantity.

All nominations, including intraday nominations, that are

not made through UTOS' Interactive Internet Website, shall

be made using UTOS' Nomination Request Form set forth on

Sheet No. 324, which form may be changed by UTOS from time

to time through an appropriate filing with the Commission.

If the nomination, or intraday nomination, is made through

UTOS' Interactive Internet Website, that nomination shall

include all Commission-approved data elements specified by

UTOS on its Interactive Internet Website. Nominations

relative to imbalance correction quantities and any overrun

quantities shall be identified by transaction type and

nominated separately. To the extent Shipper desires to

change its nomination for any Day(s) within the nomination

period, Shipper must submit a new nomination for such

Day(s). When a nomination for a date range is received,

each Day within that range is considered an original

nomination. When a subsequent nomination is received for

one or more Days within that range, the previous nomination

is superseded by the subsequent nomination only to the

extent of the Days specified. The Days of the previous

nomination outside the range of the subsequent nomination

are unaffected. Nominations have a prospective effect only.