B-R Pipeline Company

Original Volume No. 1

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Effective Date: 05/01/2004, Docket: RP04-224-000, Status: Effective

Original Sheet No. 110 Original Sheet No. 110 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

21. REVENUE CREDITING FOR CAPACITY RELEASES (FIRM) (Continued)

 

21.3 Monthly Crediting Procedure. Releasing Shipper shall be

billed each month for the reservation charge(s) and reservation

surcharge(s) associated with the released capacity pursuant to its

Service Agreement, with a concurrent conditional credit for the

payment of the reservation charge(s) and reservation surcharge(s) due

from the Replacement Shipper or Prearranged Replacement Shipper.

However, a Releasing Shipper that is not subject to Facilities

Reservation Surcharges pursuant to its Service Agreement will not be

credited for Facilities Reservation Surcharges paid to Transporter by the

Replacement Shipper or Prearranged Replacement Shipper. (The term

reservation charge(s) in this paragraph includes volumetric

reservation charge payments received from a Replacement Shipper or

Prearranged Replacement Shipper where the release was pursuant to

volumetric bidding, and shall include all revenues received in

excess of the sum of volumetric charges and all surcharges.) This

bill shall include an itemization of credits and adjustments

associated with each Capacity Release Service Agreement.

Releasing Shipper shall also be billed a marketing fee, if

applicable.

 

21.4 Failure to pay. If a Replacement Shipper or Prearranged

Replacement Shipper does not make payment to Transporter of the

reservation charge(s) and reservation surcharge(s) due as set

forth in Section 5 of the General Terms and Conditions,

Transporter shall notify the Releasing Shipper within 10 business

days of the amount due, including all late charges authorized in

Section 5 of the General Terms and Conditions, and such amount

shall be paid by Releasing Shipper. In addition, Releasing

Shipper may terminate the release of capacity to a Replacement

Shipper or Prearranged Replacement Shipper if such Shipper fails

to pay all of the amount of any bill for service under the

executed capacity release Service Agreement upon at least one week

of notice to Transporter and such Shipper. Once terminated,

capacity rights and the responsibility to pay all charges

specified in the original service agreement applicable to the

capacity that was released shall revert to the Releasing Shipper.

 

Transporter shall apply partial payments received from Replacement

Shippers or Prearranged Replacement Shippers, in interpreting the

provisions of this section, first to reservation charges, then to

commodity charges, then to commodity surcharges, then to reservation

surcharges, then to penalty charges and finally to late charges.