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.