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. 182 Original Sheet No. 182

 

GENERAL TERMS AND CONDITIONS

 

 

12. CAPACITY RELEASE (Cont'd.)

 

 

(f) If Transporter receives more than one timely service

request under this Section 12.8 from qualified Replacement

Shippers in the situation described in Subsection

12.8(c)(v), with the same priority as determined by

Subsection 12.8(e), Transporter shall allocate capacity

among such Replacement Shippers in proportion to the

maximum transportation quantities specified in such

shippers' awards.

 

(g) If the Replacement Shipper fails to execute and return the

agreement tendered by Transporter within the period of time

specified by Transporter, which period shall be at least

five (5) business days from the time the agreement is

forwarded by Transporter, the Replacement Shipper shall

have no further rights under this Section 12.8. In such

case, the formerly awarded capacity shall be offered to the

qualified Replacement Shipper that submitted a timely

service request with the next highest priority, if any,

under the same conditions. In the absence of other such

requests, the capacity shall be posted and service requests

therefore will be solicited in accordance with Section 14

of these General Terms and Conditions.