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Second Revised Sheet No. 52 Second Revised Sheet No. 52 : Superseded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