Cheyenne Plains Gas Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 12/01/2004, Docket: CP03-302-004, Status: Effective

Original Sheet No. 336 Original Sheet No. 336 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

28. CAPACITY RELEASE PROGRAM (Contd.)

 

28.18 Billing (Continued)

 

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 6, 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.

 

28.19 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.

 

28.20 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.

 

28.21 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.