Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 164 Original Sheet No. 164

 

GENERAL TERMS AND CONDITIONS

 

 

12. CAPACITY RELEASE (Cont'd.)

 

 

12.2 Notice Required by Existing Shipper:

 

(a) Notice by Existing Shipper

 

An Existing Shipper must notify Transporter that it wants to

release its capacity and the terms and conditions of such

release (hereinafter called "Shipper's Notice"). Such

Shipper's Notice may be communicated via written notice,

facsimile transmission or via Transporter's Web Site.

Notices of prearranged deals may be transmitted via EDM.

Transporter will support the function of reputting by

releasing Shippers. Such Shipper's Notice shall provide the

terms and conditions of the release as follows:

 

(i) on a permanent or temporary basis;

 

(ii) on a recallable or non-recallable basis, and if

recallable by Shipper under Rate Schedule FT, whether

the capacity is recallable at the Timely, Evening,

Intra-Day 1, Intra-Day 2, and Early Evening

notification periods;

 

(iii) the specific quantity to be released expressed as a

numeric quantity only, in Dth

 

(iv) location of capacity to be released, and Point of

Receipt and Point of Delivery associated therewith,

each of which points must be either (a) a Primary

Point of Receipt and Point of Delivery under the

source agreement, or (b) a secondary Point of Receipt

or Point of Delivery provided that, in the case of a

segmented release as described at Section 2.4 of Rate

Schedule FT, each Point of Receipt and Point of

Delivery must be a Primary Point of Receipt or a

primary or secondary Point of Delivery located along

the Existing Shipper's transportation path;

 

(v) the source agreements;

 

(vi) the period of time or term (which must commence at the

start of a day and expire at the end of a day),

including any right of recall;