Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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Effective Date: 09/01/2005, Docket: RP05-445-000, Status: Effective

First Revised Sheet No. 141 First Revised Sheet No. 141 : Effective

Superseding: Original Sheet No. 141

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

17. CAPACITY RELEASE

 

17.1 Eligibility. Subject to the procedures and conditions set forth in the

following subsections of this Section 17, any holder of firm capacity

rights under Rate Schedule FT of this tariff, including any person that

acquired such rights through release pursuant to such procedures and

conditions, may release all such rights, or a part thereof, to another

person. Any such person that seeks to release firm capacity rights is

hereinafter referred to as a "Releasing Shipper." The person to whom

such rights are released is hereinafter referred to as the "Replacement

Shipper." For the purposes of certain provisions of this Section 17, the

"Replacement Shipper" may be referred to as the Prearranged Shipper" as

that term is defined in subsection 17.4 of this Section 17, where

applicable.

 

17.2 Limitations on Releases. Any proposed release of capacity under this

Section 17 shall be subject to the following limitations:

 

(a) The Capacity Release timeline is applicable to all parties

involved in the Capacity Release process; however, it is only

applicable if (1) all information provided by the parties to the

transaction is valid and the Replacement Shipper has been

determined to be creditworthy, in accordance with Section 5,

hereof, before the capacity release bid is tendered and (2) there

are no special terms or conditions of the release.

 

(b) Period of Release. Any proposed release of capacity must be for

a period of no less than one Day, as defined in subsection 1.5 of

the General Terms and Conditions, and no more than the remaining

primary term of the Transportation Agreement between the

Releasing Shipper and UTOS.

 

(c) Volume of Release. Any proposed release of capacity must be in

an amount of no less than 100 Dth at any specific receipt point,

and no more than the Releasing Shipper is entitled to, by receipt

point, delivery point, and in total, under its Transportation

Agreement with UTOS.

 

(d) Maximum Reservation Charge. Pursuant to 18 C.F.R. Section

284.8(i) of the Commission's regulations, until September 30,

2002, for releases with a term of less than one year, the

Releasing Shipper may specify a rate for the released capacity

that exceeds the maximum rate stated on the then-effective Sheet

No. 4. For releases with terms of one year or more and for all

releases after September 30, 2002, a Releasing Shipper may not

specify a reservation charge for the released capacity that

exceeds the maximum reservation charge for the Releasing Shipper

stated on the then-effective Sheet No. 4 of this tariff. For

releases with terms of one year or more and for all releases

after September 30, 2002, a Releasing Shipper may specify a

volumetric reservation charge for the released capacity provided

that such charge does not exceed the 100 percent (100%) load

factor equivalent of the maximum reservation charge set forth for

the Releasing Shipper on the then-effective Sheet No. 4 of this

tariff.