Elba Express Company, L.L.C.
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective
Original Sheet No. 71 Original Sheet No. 71
In any event, COMPANY shall allow a permanent release if the
ACQUIRING SHIPPER meets the credit requirements in Section
2.1(d) and all other applicable requirements of the General
Terms and Conditions. Upon the permanent release, RELEASING
SHIPPER's credit support shall be proportionately decreased
in relation to the capacity transferred to ACQUIRING SHIPPER
and the credit requirements associated with any such
permanent release shall not result in an increase in value
of the credit requirements associated with all such
capacity. The ACQUIRING SHIPPER shall be required to
execute a separate firm Service Agreement with the COMPANY
for the released capacity (i) at the discounted, negotiated,
or maximum rate applicable to the RELEASING SHIPPER's
Service Agreement (and Exhibits thereto) and (ii) for the
primary term remaining under the RELEASING SHIPPER'S Service
Agreement with the COMPANY, unless the COMPANY agrees
otherwise in a not unduly discriminatory manner.
Furthermore, the ACQUIRING SHIPPER must contract for the
Receipt and Delivery Points specifically set forth in a
RELEASING SHIPPER'S Offer of firm capacity under Section
20.6(c) below or alternate Receipt or Delivery Points that
are within the capacity path of the RELEASING SHIPPER'S
Receipt or Delivery Points, subject to the availability of
capacity at such points. For purposes of this Section 20,
the capacity path of a Delivery Point is that portion of
COMPANY'S pipeline system from which an ACQUIRING SHIPPER
may select upstream Delivery Points for use on a firm basis
hereunder, subject to the availability of excess meter
station capacity at each such point.
The ACQUIRING SHIPPER then has the right to release its
capacity on a permanent or temporary basis under the terms
and conditions of this Section 20. Upon the successful
completion of a Permanent Release, the RELEASING SHIPPER
shall be responsible only for those obligations under its
Service Agreement incurred with respect to the released
capacity prior to the effective date of the Permanent
Release hereunder, as well as charges it continues to incur
for firm capacity not released on a permanent basis.
(b) Temporary Release: A RELEASING SHIPPER may release all or
part of its firm capacity under a Service Agreement with the
COMPANY on a temporary basis, i.e. for a term less than the
remaining term ("Temporary Release"), pursuant to one of the
following methods and the further provisions of this
Section.
(i) Firm Temporary Release: A RELEASING SHIPPER may
temporarily release capacity on a firm basis for a
specified term without a right of recall, except as
provided in Section 20.5 below. The minimum term for
any Firm Temporary Release shall be one contract day.
All Firm Temporary Releases exceeding one contract day
must be offered for a consecutive number of days, but
such release can commence on any day during the month.