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

(Continued)

 

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

conditions.

 

(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

Conditions; 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

conditions.

 

(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.