Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 02/25/2009, Docket: RP09-267-000, Status: Effective

First Revised Sheet No. 168 First Revised Sheet No. 168

Superseding: Original Sheet No. 168

 

GENERAL TERMS AND CONDITIONS

 

 

12. CAPACITY RELEASE (Cont'd.)

 

 

12.3 Posting of Shipper's Notices

 

(a) Except as set forth in Section 12.3(b), Shipper may deliver

its completed notice to Transporter on any business day,

but in order to be posted on the same day it must be

received by Transporter no later than the deadline for

offers set forth in Section 12.3(c).

 

If Shipper provides Transporter with a notice by means

other than Transporter's Web Site, Transporter shall post

Shipper's completed notice on Transporter's Web Site upon

receipt or as requested by Shipper. If the Shipper

requests a posting time, Transporter will support such

request insofar as it comports with the standard timeline

set forth in this Section 12. Bids and offers should be

complete before being posted. Only posted bids and offers

will be available electronically.

 

(b) Where an Existing Shipper's Notice requests a release of

capacity to a Prearranged Shipper on Transporter's approved

bidder list (i) for a term of 31 days or less and the

Existing Shipper has not requested that its notice be

posted for purposes of soliciting competitive bids,

(ii) for a term of more than one year at the maximum tariff

rate, or (iii) where the Existing Shipper's Notice

designates the release as exempt from the competitive

bidding procedure because the Prearranged Shipper is either

an asset manager under an asset management arrangement as

defined in Section 284.8(h)(3) of the Commission's

regulations, or a marketer participating in a state-

regulated retail access program, as defined in

Section 284.8(h)(4) of the Commission's regulations, the

notice will be posted for informational purposes only, and

not to solicit bids. This Section 12.3(b) shall not be

applicable to the posting of Existing Shipper Notices

requesting a continuation of a release transaction

previously posted for informational purposes only pursuant

to clause (i) of this Section 12.3(b), or a renewal of such

a previously posted transaction unless at least twenty-

eight days have elapsed since the expiration of such

transaction.