Black Marlin Pipeline Company

First Revised Volume No. 1

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Effective Date: 02/27/2009, Docket: RP09-290-000, Status: Effective

Fifth Revised Sheet No. 213.01 Fifth Revised Sheet No. 213.01

Superseding: Fourth Revised Sheet No. 213.01






10.1 Capacity Release Mechanism

Shippers receiving firm service pursuant to Transporter's FTS Rate

Schedule will have the ability to relinquish all or part of their firm

capacity on a temporary or permanent basis. Additionally, an Acquiring

Shipper may re-release acquired capacity subject to the terms and

conditions attached to the acquired capacity in all previous releases.

Transporter shall post all capacity release offers and bids, including

capacity released on a prearranged basis, upon receipt, unless

releasing Shipper requests otherwise. Bids for released capacity may

not exceed the maximum rate for the applicable rate schedules, except

when the release is for a term of one year or less, and/or a release to

an asset manager or a marketer participating in a state-approved retail

access program; and provided further, that the release must take effect

on or before one year from the date the pipeline is notified of the

release. If a releasing shipper requests a posting time, Transporter

will support such request, so long as it complies with the capacity

release timeline. The Capacity Release timeline is applicable to all

parties involved in the Capacity Release process; however, it is only

applicable if 1) all information provided by the parties t the

transaction is valid and the acquiring shipper has been determined to

be creditworthy before the capacity release bid is tendered and 2)

there are no special terms or conditions of the release. Temporary and

permanent relinquishments shall be accomplished in the following



Non-Biddable relinquishments are relinquishments exempt from the

bidding procedures as provided for in this Section 10 of the General

Terms & Conditions and include: 1) relinquishments for 31 days or less

(subject to the Rollover Limitations of Section 10.1D. of these General

Terms & Conditions); 2) long-term (more than one year) relinquishments

at the maximum rate; 3) a relinquishment to an asset manager as defined

by Section 284.8 (h)(3) of the Commission's regulations; and 4) a

relinquishment to a marketer participating in a state-approved retail

access program as defined in Section 284.8(h)(4) of the Commission's

regulations. All other relinquishments shall be biddable. For Non-

Biddable relinquishments, the Acquiring Shipper must notify Transporter

of a Non-Biddable relinquishment at least one hour prior to the

nomination deadline for each of the four nomination cycles. Posting of

the Non-Biddable relinquishment shall be in accordance with the

following timeline:


Timely Nomination Cycle: Posting on Non-Biddable relinquishment due by

10:30 A.M.;


Evening Nomination Cycle: Posting of Non-Biddable relinquishment due

by 5:00 P.M.;