Keyspan LNG, LP (Alng)
Third Revised Volume No. 1
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Effective Date: 01/27/2003, Docket: RP03-241-000, Status: Effective
Original Sheet No. 67 Original Sheet No. 67 : Effective
GENERAL TERMS AND CONDITIONS
(continued)
14. CAPACITY RELEASE (continued)
reservation surcharges, and other fixed costs ("Fixed
Charges"), but not charges related to usage, actually paid by
a Customer and received by KLNG which are owed in respect of
the capacity rights released by that Releasing Customer and
acquired by that Customer from KLNG under a New Service
Agreement pursuant to Releasing Customer's release (but not
pursuant to subsequent releases of the same capacity), even if
greater than the Fixed Charges obligation of the Releasing
Customer, up to the maximum rate for the released capacity.
Customer under a New Service Agreement shall be liable to KLNG
for all obligations incurred thereunder, including Fixed
Charges and charges related to usage. Any Replacement
Customer shall be entitled to receive refunds to the extent
the rate paid by it is subsequently determined to be in excess
of a just and reasonable rate; provided, however, that if the
Releasing Customer is subject to a discounted rate and
received credits attributable to Fixed Charges that KLNG is
required to refund, KLNG shall be entitled to reverse such
credits and shall be required to refund such amounts to the
Replacement Customer only to the extent actually collected
back from the Releasing Customer.
(b) The service agreement between KLNG and each Releasing Customer
shall remain in full force and effect and unmodified, as if
the Release from that Releasing Customer and related New
Service Agreement had never been entered into, except (i) the
Releasing Customer shall not be entitled to any of the rights
under the service agreement which are released by it for the
period set forth in the Release and (ii) the Releasing
Customer shall be entitled to a credit as provided in this
subsection. Notwithstanding the above, in the event there is
a permanent release of Releasing Customer's Capacity, KLNG
will agree to discharge Releasing Customer of liability, on a
prospective basis, in whole or in part.
(c) KLNG shall bill the Releasing Customer the amount it is
obligated to pay for Fixed Charges and shall simultaneously
credit such invoice with the Fixed Charges that KLNG is
entitled to recover under all New Service Agreements which are
owed in respect of the capacity rights released by the
Releasing Customer and acquired pursuant to such release (but
not pursuant to subsequent releases of the same capacity);
provided, however, that such credit shall be reversed, and
KLNG