Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 70 Original Sheet No. 70

 

If SHIPPER matches the best bid at less than the maximum

rate or COMPANY agrees to allow SHIPPER to retain its firm

capacity at a discounted or Negotiated Rate for an

additional term as provided above, then, unless otherwise

agreed in the Service Agreement, the new or amended Service

Agreement shall no longer be subject to the terms of this

Section 19 upon termination of the agreement. If SHIPPER

refuses to renew its firm Service Agreement at the maximum

rate, absent an agreement by COMPANY to discount or

negotiate a rate, the Service Agreement shall be subject to

pregranted abandonment on the effective date of termination.

 

(f) If SHIPPER gives notice to terminate its firm Service

Agreement pursuant to the provisions contained therein and

does not give COMPANY notice that it wants to exercise its

rights hereunder, the agreement shall be subject to

pregranted abandonment on the effective date of SHIPPER'S

termination notice.

 

20. SHIPPER RELEASE OF FIRM CAPACITY

 

20.1 General:

 

This Section 20 sets forth the sole means by which a firm SHIPPER

("RELEASING SHIPPER") may, pursuant to Section 284.8 of the

Commission's regulations, release its firm capacity rights under a

Service Agreement with the COMPANY to a third party ("ACQUIRING

SHIPPER").

 

20.2 Capacity Eligible For Release:

 

A SHIPPER with a Service Agreement with the COMPANY under the FTS

Rate Schedule may release firm capacity pursuant to this Section

20.

 

20.3 Types of Releases:

 

(a) Permanent Release: A RELEASING SHIPPER may release all or

part of its firm capacity under a Service Agreement with the

COMPANY for the entire remaining term of the Service

Agreement or for a fixed period each year (i.e. month or

season) for the entire remaining term of the Service

Agreement ("Permanent Release") pursuant to the provisions

of this Section 20. A Permanent Release is an assignment of

capacity and any associated rights of the RELEASING SHIPPER

under Section 19 hereof for avoiding pregranted abandonment.

Therefore, prior to offering to acquire the capacity, the

ACQUIRING SHIPPER must meet the COMPANY'S requirements

related to creditworthiness set forth in Section 2.1(d) of

the General Terms and Conditions. It will be necessary for

COMPANY to consent to the permanent release of the capacity,

unless otherwise previously agreed under a precedent

agreement for the construction of COMPANY's facilities for

an assignment to an Affiliate or Joint Venture Partner, or

unless the credit support provided by the RELEASING SHIPPER

remains in place to support the ACQUIRING SHIPPER's

capacity, such consent not to be unreasonably withheld.