Quote:

Neither Party shall use, generate, transport, handle or store Hazardous Materials on the Subject Segments other than as may be used by the Party in its operations in the normal course of business or, in the case of NCRA, as may be transported by NCRA in its capacity as a common carrier by rail and in all events in accordance with Applicable Laws.

I guess the question for the lawyers is whether NWP's "storage in transit" of the cars at Schellville is "in its capacity as a common carrier" since the customers are not on NWP's system and NWP's system is not part of the direct route from the gas's source to its destination.

The routing question cuts in SMART's favor, but railroads allowing cars to be stored on unused tracks is a common practice in the railroad business, and some legal definitions of commmon carrier only deal with offering services to all customers who request them.

We'll see...