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. 299 Second Revised Sheet No. 299
Superseding: First Revised Sheet No. 299
GENERAL TERMS AND CONDITIONS
17. MISCELLANEOUS SURCHARGES
17.1 Annual Charge Adjustment Provision.
(a) The purpose of this Section is to establish an Annual Charge
Adjustment (ACA) provision under which Transporter can
recover annual charges assessed to it by the Commission
pursuant to Part 382 of the Commission's Regulations.
(b) All amounts assessed shall be recorded in Account No. 928.
Transporter will not seek to recover the ACA assessed to it
pursuant to Part 382 of the Commission's Regulations in an
NGA Section 4 rate case.
(c) Filing Procedure. The initial ACA or any subsequent changes
in such assessment charge shall be filed by Transporter at
least 30 days prior to the proposed effective Date unless,
for good cause shown, lesser periods are allowed by
Commission Order. The proposed effective date of filings
shall be October 1 of each calendar year.
18.1 Penalty Waiver. Transporter may, in exercise of its reasonable
discretion, and on a nondiscriminatory basis, waive all or a part
of any penalty which might otherwise apply. Transporter shall
maintain a record of all waivers granted.
18.2 Non-Waiver of Future Default. The failure of either Party hereto at
any time to require performance by the other Party of any provision
of the agreement shall in no way affect the right of such Party
thereafter to enforce the same, nor shall the waiver by either Party
of any breach of any provision hereof by the other Party be taken or
held to be a waiver by such Party of any succeeding breach of such
provision, or as a waiver of the provision itself.
18.3 Waivers of Past or Future Defaults.
(a) Transporter may, from time to time and on a not unduly
discriminatory basis, waive any of its rights hereunder and
compliance with the provisions of this Tariff. All such
waivers shall be limited to past defaults or other past
occurrences or case-by-case in advance waivers addressing
specific, short-term operational problems.
(b) Transporter shall record any such waivers in a log, which
shall be posted for public inspection on its website in
accordance with Part 358 of the Commission's Regulations.