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
Third Revised Sheet No. 278 Third Revised Sheet No. 278
Superseding: Second Revised Sheet No. 278
GENERAL TERMS AND CONDITIONS
9. CAPACITY RELEASE PROGRAM (Continued)
9.21 Refunds. In the event that the Commission orders refunds of any
rates charged by Transporter, Transporter shall provide refunds to
Releasing Shippers to the extent that such Shippers have paid a
rate in excess of Transporter's just and reasonable, applicable
maximum rates. Releasing Shipper will bear the responsibility for
providing refunds to the appropriate Replacement Shippers.
9.22 Right to Terminate a Temporary Capacity Release
(a) Using the notice procedures of Section 12.6 of the General
Terms and Conditions, Transporter may elect to terminate a
Replacement Capacity Agreement upon 30 Days written notice to
the Replacement Shipper, and to FERC, under the following
(i) Transporter has or will terminate the Releasing
Shipper's service pursuant to (i) the Termination of
Service provisions of Section 12.6 the General Terms
and Conditions or (ii) the Creditworthiness
requirements of Section 4.10 of the General Terms and
(ii) The rate stated in the Replacement Capacity Agreement
is less than the rate for service under the TSA with
the Releasing Shipper.
(b) A creditworthy Replacement Shipper may continue an existing
Replacement Capacity Agreement by notifying Transporter prior
to the end of the 30-Day notice period that it agrees to pay
a rate that is the lesser of:
(i) the applicable maximum rate; or
(ii) the same rate as is in the TSA between Transporter and
the Releasing Shipper; or
(iii) a mutually agreed upon rate.
9.23 Segmented Releases. Shipper may also release capacity using the
Segmentation provisions of Section 8.1(a) under the following
(a) The Segmented release must be within the Primary Receipt-to-
Delivery Flow path.
(b) The quantity released does not exceed the MDQ entitlements
for that Segment.