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. 181 Original Sheet No. 181

 

GENERAL TERMS AND CONDITIONS

 

 

12. CAPACITY RELEASE (Cont'd.)

 

 

remainder of the term of the Replacement Shipper's

capacity award at the lower of (A) the rates

applicable to the defaulting shipper's agreement or

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

 

(vi) an explanation of Shipper's rights as described in

Subsections 10.8(d)-(g).

 

(d) Subject to Subsections 10.8(e)-(f), if (i) the Replacement

Shipper submits a service request within the period of time

specified in Subsection 12.8(c)(iv) or (v); (ii) the

Replacement Shipper satisfies the service qualification

requirements set forth in Section 2 of this Tariff; and

(iii) the termination of the defaulting Shipper's agreement

or award becomes effective, Transporter shall tender the

requested source agreement for execution by the Replacement

Shipper.

 

(e) If Transporter receives more than one timely service

request under this Section 12.8 from qualified Replacement

Shippers for the same awarded capacity in the situation

where the capacity released by the defaulting Shipper has

been re-released by its Replacement Shipper, such service

requests will be prioritized in the order in which the

capacity releases occurred (i.e., a Replacement Shipper

closer to the defaulting Shipper in the sequence of

successive releases will have priority over a Replacement

Shipper further from the defaulting Shipper in such

sequence). In this case, all capacity awards derived from

the award qualifying for the highest priority will remain

in effect pending and following execution of the new source

agreement between Transporter and the Replacement Shipper

with the highest priority, and such Replacement Shipper's

rights to such capacity will be subject to the rights

included in such other capacity awards.