Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 09/01/2007, Docket: CP06-354-002, Status: Effective

Original Sheet No. 206 Original Sheet No. 206 : Effective

 

GENERAL TERMS AND CONDITIONS

 

15. CAPACITY RELEASE BY FIRM SHIPPERS (Contd.)

15.13 BILLING (Contd.)

 

B. A Releasing Shipper shall be billed the reservation charge

associated with the entire amount of released Capacity

pursuant to its contract rate, which includes all non-

commodity based charges under Transporter's Tariff for such

released Capacity including but not limited to additional

direct-bill charges, with a concurrent conditional credit

for payment of the reservation charge due from the

Replacement or Subreplacement Shipper(s), as applicable,

which received the released Capacity. Releasing Shipper

shall also be billed a marketing fee, if applicable,

pursuant to the provisions of Section 16 of these General

Terms and Conditions. As to any Capacity released by a

Releasing Shipper, the Releasing Shipper shall not be billed

or be responsible for: (1) commodity charges; (2)

scheduling charges or cashouts of Imbalances; or (3) add-on

charges and surcharges applicable to Transporter's commodity

rates under Transporter's Tariff such as ACA or Fuel and

Lost and Unaccounted-for Gas, which are incurred by a

Replacement Shipper or Subreplacement Shipper which received

the released Capacity.

 

C. If a Replacement Shipper or Subreplacement Shipper does not

make payment to Transporter of the reservation portion of

the charges due as set forth in its Released Firm

Transportation Agreement, Transporter shall bill the

Releasing Shipper(s) from whom such Replacement or

Subreplacement Shipper received the Capacity for the

amount(s) due, including all applicable late charges

authorized by Transporter's Tariff, and such amount shall be

paid by such Releasing Shipper within ten (10) Days of the

receipt of such billing, or interest shall continue to

accrue. In the event that the Replacement or Subreplacement

Shipper has not paid such amount(s) due by the end of such

ten (10) Day period, then: (1) the Releasing Shipper has

the right to recall the Capacity; and (2) Transporter's

rights against the delinquent Replacement/Subreplacement

Shipper shall be subrogated to the related rights of the

Releasing Shipper. Transporter shall make a reasonable

effort to collect from the Replacement/Subreplacement

Shipper the amount(s) due. Such reasonable effort shall not

include incurring costs from outside attorneys, collection

Agents or other third parties.