4.13 Limitations.


 

(a) Releases hereunder shall not extend beyond the expiration of this FERC Gas

Tariff provision or beyond the expiration of the Releasing Shipper’s Service

Agreement.


 

(b) Freebird may invalidate any offer to release or any bid subsequent to its

posting on the Internet Web Site which does not conform to the requirement of

this Section 4 and the other provisions of this FERC Gas Tariff and such

invalidated offer or bid shall be deemed null and

void.


 

(c) Any terms and conditions imposed on the offer to release by the Releasing

Shipper as provided for in this Section must be objectively stated,

reasonable, capable of administration or implementation by Freebird without

any material increase in burden or expense, applicable to all potential

bidders, not unduly discriminatory, and consistent with the terms and

conditions of this FERC Gas Tariff and the Releasing Shipper’s Service

Agreement.


 

(d) A Releasing Shipper may re-release to the same Replacement Shipper, where

such first release was not subject to posting and bidding requirements

pursuant to Section 4.4, for a term of 31 Days or less only if: (i) a period

of 28 days has elapsed after the first release for 31 days or less has expired

or (ii) the Releasing Shipper causes the posting of an offer to release

capacity or of a pre-arranged transaction to be made, and capacity is

allocated on the basis of bids submitted.


 

(e) Recall Provisions. If the Releasing Shipper retains recall rights,

Releasing Shipper’s offer to release capacity shall clearly specify the

conditions precedent to such recall and whether the recall right retained by

Releasing Shipper is on a full Day or partial Day basis. The Releasing

Shipper shall provide capacity recall notification to Freebird via (i)

telephone call and (ii) the Internet Web Site, electronic mail and/or instant

messaging. The recall notification shall specify the recall notification

period for the specified effective Gas Day, as well as any other information

needed to uniquely identify the capacity being recalled. Freebird shall

support the following recall notification periods for all released capacity

subject to recall rights:


 

(a) Timely Recall Notification:

(a) A Releasing Shipper recalling capacity should provide notice of such

recall to Freebird and the first Replacement Shipper no later than 8:00 A.M.

CCT on the Day that Timely Nominations are due;


 

(b) Freebird shall provide notification of such recall to all affected

Replacement Shippers no later than 9:00 A.M. CCT on the Day that Timely

Nominations are due;


 

(b) Early Evening Recall Notification:

(a) A Releasing Shipper recalling capacity should provide notice of such

recall to Freebird and the first Replacement Shipper no later than 3:00 P.M.

CCT on the Day that Evening Nominations are due;