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. 180 Original Sheet No. 180

 

GENERAL TERMS AND CONDITIONS

 

 

12. CAPACITY RELEASE (Cont'd.)

 

 

(c) In order to exercise its right under Subsection 12.8(b),

Transporter must cause a written notice to be served on the

Replacement Shipper, at least thirty (30) days prior to the

effective date of termination of the capacity award. Such

notice shall inform the Replacement Shipper of the

following:

 

(i) that notice of termination has been served upon the

defaulting Shipper;

 

(ii) that such termination notice informed the defaulting

shipper of Transporter's intent to terminate its

agreement or award if the cause for termination is not

remedied within thirty (30) days after the service of

such notice;

 

(iii) that the Replacement Shipper's capacity award will be

terminated if such cause for termination of the

defaulting Shipper's agreement or award has not been

remedied within such time period;

 

(iv) except in the situation described in Subsection

12.8(c)(v), that at any time within thirty (30) days

following the service of such written notice, the

Replacement Shipper may submit a service request for a

new source agreement for its awarded capacity (i.e.,

the Replacement Shipper's capacity entitlement for the

remainder of the term of the award) at the lower of

(A) the rates applicable to the defaulting shipper's

agreement or award or (B) Transporter's maximum rates;

 

(v) with respect to a Replacement Shipper with an award of

a geographically segmented portion of the capacity

subject to the defaulting shipper's agreement or

award, that at any time within thirty (30) days

following the service of such written notice, the

Replacement Shipper may submit a request for a new

source service agreement for the Replacement Shipper's

Contract Maximum Daily Transportation Quantity along

the defaulting shipper's full capacity path for the