Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 07/16/2004, Docket: RP04-332-000, Status: Effective

Original Sheet No. 142A Original Sheet No. 142A : Effective









10.6 Operationally-Created Capacity Availability


(a) To the extent that, pursuant to Section 4 of these GT&C,

a Shipper and Transporter have agreed to a minimum

delivery pressure above the Tariff minimum delivery

pressure, any such Shipper may at any time elect to waive

its right to receive deliveries at the minimum delivery

pressure specified in its firm Service Agreement. Should

Shipper waive this right, it shall notify Transporter in

writing of its waiver, including the following:


(1) the applicable Point(s) of Delivery;


(2) the duration of the waiver, which shall be for a

term less than the remaining term of the applicable

Service Agreement; and


(3) the minimum pressure to which it agrees to reduce

Transporter's delivery obligation.


(b) Transporter shall notify Shipper of any increased

capacity available on the Pipeline Facilities resulting

from such Shipper's waiver. Shipper shall then have the

right to subscribe, for the term of the waiver, to all or

a portion of the additional capacity for firm

transportation service under any of Transporter's

generally applicable Rate Schedules, by providing notice

to Transporter within three (3) Business Days of

Transporter's notification. Should Shipper make a timely

election to utilize all or a portion of the capacity

created through the reduction in delivery pressure,

Transporter and Shipper shall execute a Service Agreement

for the additional capacity in accordance with this

Section 10, subject to the provisions of Section 10.6(d),



(c) If and to the extent that, within the three (3) Business

Day period specified in Section 10.6(b) above, Shipper

does not exercise its right to subscribe for the firm

capacity created by the waiver, such unsubscribed

capacity shall be available for firm transportation

service, for the term of the waiver, in accordance with

the procedures set forth in this Section 10, subject to

the provisions of Section 10.6(d), below.