Caprock Pipeline Company

First Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-139-001, Status: Effective

First Revised Sheet No. 20 First Revised Sheet No. 20 : Effective

Superseding: Original Sheet No. 20

 

9.6 As to all matters of construction, the Agreement shall

be interpreted, construed and governed by the laws of the State

of Texas.

9.7 The Agreement may be assigned by Caprock at any time.

No assignment of the Agreement shall be made by Shipper without

the prior written consent of Caprock.

9.8 Venue for any cause of action shall be Harris County,

Texas.

9.9 Caprock shall be able to recover or regenerate

electronic records of transactional data for at lease two years.

This does not otherwise modify statutory, regulatory or

contractual record retention requirements.

 

ARTICLE X

 

ANNUAL CHARGE ADJUSTMENT PROVISION

 

10.1 Purpose - This Section establishes an Annual Charge

Adjustment provision ("ACA") which will permit Caprock to recover

from its Shippers the annual charges assessed to Caprock by the

FERC under Part 382 of the FERC's Regulations.

10.2 Applicable Customers - The ACA is applicable to each

rate schedule contained in this Tariff.

10.3 Adjustment Date - The adjustment date for the ACA shall

be October 1 of each year or as directed by an order of the FERC.

On the adjustment date, Caprock shall increase or decrease the

ACA unit charge to each of the applicable rate schedules as

authorized by the FERC to be recovered by Caprock. For those

rate schedules with a two-part rate, the ACA unit charge shall

only apply to the commodity component of such rate.

10.4 Effective Date - The ACA unit charge shall become

effective October 1 of each year or as directed by an order of

the FERC if:

(A) Caprock has paid the applicable annual charge in

compliance with Section 382.103 of the FERC's Regulations; and

(B) the ACA unit charge is not subject to suspension

or refund obligation.

 

ARTICLE XI

 

ALLOCATION OF DELIVERIES AND CAPACITY

 

11.1 This section applies to those situations where Shipper

is receiving gas from Caprock at a redelivery point under more

than one transportation Rate Schedule, and sets forth the

procedures by which Caprock will determine the quantities of gas

delivered on any one day at such point under each applicable Rate

Schedule.