Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

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Effective Date: 10/01/2009, Docket: RP09-980-000, Status: Effective

Second Revised Sheet No. 120 Second Revised Sheet No. 120

Superseding: First Revised Sheet No. 120

 

rate until twenty-eight (28) Days after the first release

period has ended. A Releasing Customer shall be deemed the

Agent of Prearranged Customer under this Paragraph 4.8 for

all purposes, including, without limitation, nominations,

scheduling, allocation, and invoicing by Pipeline and

payment of invoices.

 

(b) In the event Customer's Notice designates a Prearranged

Customer who wishes to obtain the released capacity for a

term of more than one (1) year under the terms and

conditions contained in the Customer's Notice and agrees to

pay the maximum rates for the released capacity or, in the

case of a first time release with a contract length of 31

Days or less, such release may be implemented without being

subject to the notification and bidding procedure set forth

in this Section 4; provided, however, that releases under

this Paragraph 4.8(b) shall be posted on Pipeline's

Interactive Internet Website no later than 9:00 a.m. on the

day nominations are due under such released capacity.

 

(c) A release of capacity by a Releasing Customer to a

Prearranged Customer that is pursuant to an Asset Management

Arrangement (AMA) or state-regulated retail access program,

as such are defined in Section 284.8 of the Commission's

Regulations, and under the terms and conditions contained in

the Customer's Notice, may be implemented without

competitive bidding procedures pursuant to this Section 4;

provided, however, that a release pursuant to an AMA must

comply with the delivery or purchase obligation set forth in

Section 284.8 of the Commission's Regulations.

 

4.9 Agents or Customers will be permitted to aggregate capacity which

firm Customers wish to release and to release such aggregated

capacity through the capacity release mechanism set forth in this

Section 4.

 

4.10 Pipeline, if requested by a Releasing Customer, may actively

market any released capacity under a separate agreement specifying

the terms and conditions of actions to be taken by Pipeline to

actively market any capacity which is released by a Releasing

Customer. Pipeline shall be entitled to collect the marketing fee

set forth in such separate agreement if it markets released

capacity beyond posting the information on the Interactive

Internet Website and such efforts by Pipeline lead to or result in

the execution of a Service Agreement by a Potential Customer

located by Pipeline.

 

4.11 Responsibilities of Parties Executing Service Agreements

 

(a) Any Service Agreement entered into between Pipeline and a

Potential Customer under this Section 4 shall be for a

maximum period which shall equal the term for the