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. 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.