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
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,
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.
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.
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