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. 207 Original Sheet No. 207

 

GENERAL TERMS AND CONDITIONS

 

 

17. RESERVATION OF CAPACITY FOR EXPANSION PROJECTS

 

 

Transporter may elect to reserve, for future expansion projects,

unsubscribed firm capacity or capacity under expiring or terminating

firm service agreements where such agreements are Non-Qualifying

Agreements under Section 15 of these General Terms and Condition, or

Shipper does not exercise its Right of First Refusal under such

section. Transporter may only reserve capacity for a future expansion

project for which an open season has been held or will be held within

one (1) year of the date Transporter posts such capacity as being

reserved. If Transporter elects to reserve capacity for future

expansion projects under this Section, such capacity may be reserved

for up to one year prior to Transporter filing for certificate

approval or requesting initiation of the Commission's NEPA Pre-Filing

Process for the proposed expansion under Section 7(c) of the Natural

Gas Act, and thereafter until such expansion is placed into service.

Transporter shall, on a limited-term basis up to the in-service date

of the expansion project, make available any capacity reserved under

this section in accordance with Section 14 of these General Terms and

Conditions.

 

A service agreement for capacity available on a limited-term basis up

to the in-service date of the expansion project shall not be a

Qualifying Agreement for purposes of Section 15 of these General Terms

and Conditions (Pregranted Abandonment and Right of First Refusal).

 

Prior to reserving capacity for future expansion projects under this

section, Transporter shall first make such capacity available pursuant

to Section 14 of these General Terms and Conditions.