Cheyenne Plains Gas Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 07/26/2010, Docket: RP10-876-000, Status: Effective
Second Revised Sheet No. 277 Second Revised Sheet No. 277
Superseding: First Revised Sheet No. 277
GENERAL TERMS AND CONDITIONS
(Continued)
9. CAPACITY RELEASE PROGRAM (Continued)
9.18 Billing. Transporter will bill the Replacement Shipper the
reservation charge and any applicable surcharges specified in the
Replacement Capacity Agreement, and the Replacement Shipper shall
pay these amounts directly to Transporter. The Releasing Shipper
shall be billed the reservation charge and any associated surcharges
pursuant to its contract, and, concurrently, Transporter will credit
said bill by the reservation charge and applicable surcharge(s) due
from the Replacement Shipper. The Releasing Shipper shall also be
billed a negotiated marketing fee, if applicable, pursuant to the
provisions of Section 9.17 herein. A Replacement Shipper who re-
releases acquired capacity shall also pay Transporter's marketing
fee, if applicable.
Transporter separately maintains gas flows of Releasing and
Replacement Shippers and will directly bill the appropriate Shipper
for any overrun and imbalance charges, if applicable. Replacement
Shipper shall pay the applicable Tariff maximum commodity rate for
service rendered unless otherwise agreed by Transporter.
If a Replacement Shipper fails to make payment to Transporter of
the reservation charge and any applicable reservation surcharge(s)
due as set forth in Section 12, Transporter shall invoice Releasing
Shipper the unpaid (1) reservation rates, (2) surcharges to the
reservation rate, (3) other reservation-type charges, and (4)
interest charges and late fees associated with such amounts. In
addition, the Releasing Shipper may terminate the release of
capacity to the Replacement Shipper if such Shipper fails to pay
all of the amount of any bill for service under the Replacement
Agreement when such amount is due.
9.19 Compliance by Replacement Shipper. By acquiring released capacity, a
Replacement Shipper agrees that it will comply with the terms and
conditions of Transporter's certificate of public convenience and
necessity authorizing this Capacity Release Program and all
applicable Commission orders and regulations. Such Replacement
Shipper also agrees to be responsible to Transporter for compliance
with all terms and conditions of Transporter's Tariff, as well as
the terms and conditions of the Replacement Capacity Agreement.
9.20 Obligations of Releasing Shipper. The Releasing Shipper shall
continue to be liable and responsible for all reservation charge(s)
associated with the released capacity derived from the reservation
charge specified in the Releasing Shipper's TSA or Replacement
Capacity Agreement. Re-releases by a Replacement Shipper shall not
relieve the original or any subsequent Releasing Shipper of its
obligations under this section.