Overthrust Pipeline Company

First Revised Volume No. 1-A

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Effective Date: 06/17/1999, Docket: RP99-309-000, Status: Effective

Second Revised Sheet No. 52 Second Revised Sheet No. 52 : Superseded

Superseding: First Revised Sheet No. 52

GENERAL TERMS AND CONDITIONS

 

8.13 Permanent Release of Capacity.

 

(a) Where a portion of a Shipper's capacity has

been permanently released for the entire remaining term of

the releasing Shipper's service agreement without recall or

interruption rights, the releasing Shipper may request

Overthrust to amend or terminate its service agreement to

reflect the permanent release of the capacity.

 

(b) Overthrust shall not be obligated to amend

the releasing Shipper's service agreement to reflect the

permanently released capacity unless the capacity is

released at the maximum rate and for the full term of the

agreement and the replacement Shipper meets Overthrust's

creditworthiness requirements and Overthrust receives

approval from its lenders. Overthrust may also condition an

amendment to or termination of the agreement on payment of

exit fees. In lieu of exit fees, the replacement Shipper

may enter into a new service agreement containing terms and

conditions acceptable to Overthrust and its lenders.

Overthrust will not amend or enter into a service agreement

for a permanent release of capacity at a volumetric rate.

 

(c) Unless agreed otherwise by Overthrust and

its lenders, the releasing Shipper shall remain liable for

payment of the reservation fee under the agreement.

Overthrust will not unreasonably refuse to relieve the

releasing shipper from any liabilities under the agreement.

 

(d) If capacity is permanently released, the

replacement Shipper will acquire the right of first refusal

held by the releasing Shipper as described in 9 to this

tariff for the capacity acquired by the replacement Shipper.

 

8.14 Notice of Completed Transactions - Within one

business day after capacity has been awarded, Overthrust

shall post the following information regarding each

transaction on Questline for a period of 30 days:

 

(a) The name of the replacement Shipper and the

release transaction number.

 

(b) Whether or not the replacement Shipper is an

affiliate of Overthrust.

 

(c) Term.