B-R Pipeline Company
Original Volume No. 1
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Effective Date: 05/01/2004, Docket: RP04-224-000, Status: Effective
Original Sheet No. 108 Original Sheet No. 108 : Effective
GENERAL TERMS AND CONDITIONS
20. CAPACITY RELEASE (Continued)
(c) Transporter may extend the open season periods for those
releases wherein the Releasing Shipper has requested volumetric
rate bids, or where the Releasing Shipper has requested a
method of evaluating bids not specified in this Tariff, or
where the terms and conditions are too complex to handle
through Transporter's automated posting and bidding procedures.
Such extended period of time shall end at least two (2)
business days prior to the effective date of the release.
20.4 Permanent Releases of Capacity.
(a) Bidding Procedures and Exit Fee.
(i) To the extent that any Shipper desires to release
all or any part of its firm contract rights, including
the Right-of-First-Refusal specified in Section 22.5, on a
permanent basis as included in any of Transporter's
Rate Schedule FT-1, the bidding procedures specified
in Section 20.2, above, will apply. The procedures for
establishment of credit must be complied with before
Transporter effectuates any permanent releases of
capacity under this Section 20.4.
(ii) Any permanent releases under this Section 20.4(a)
shall require Releasing Shipper to pay an exit fee, but
only to the extent necessary to fully compensate
Transporter if the accepted bid price and/or contract
term of the replacement Service Agreement would require
Transporter to forego future revenues. The exit fee will
not apply if the accepted bid price the Replacement
Shipper(s) or Prearranged Replacement Shipper(s) is to
pay is Transporter's posted Maximum Currently Effective
Tariff rate for the released capacity, and if the
contract term in the replacement Service Agreement(s) is
at least as long as the contract term of the contract
being permanently released hereunder.