Columbia Gulf Transmission Company
Second Revised Volume No. 1
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Effective Date: 06/11/2009, Docket: RP09-275-001, Status: Effective
Sixth Revised Sheet No. 197 Sixth Revised Sheet No. 197
Superseding: Fifth Revised Sheet No. 197
GENERAL TERMS AND CONDITIONS (Continued)
(b) For all assignments of service rights, Releasor shall remain ultimately responsible to
Transporter for full payment of the reservation charge, any applicable reservation-related surcharges, and any
other fixed charges for which Releasor is otherwise obligated to Transporter. For permanent releases of
capacity, Transporter may in its reasonable discretion agree to release the Releasor from this responsibility.
Such discretion shall be exercised by Transporter in a nondiscriminatory manner. Until payment by Assignee to
Transporter of any unpaid reservation charges, any claims Releasor may have relating to those charges shall be
subordinated to those of Transporter. Any reservation charge payments made by Assignee to Transporter will not
be withheld from Releasor by Transporter due to Assignee's failure to pay Transporter other amounts owed that
are unrelated to the released capacity. In the event of termination of Releasor's Service Agreement with
Transporter, Replacement Shipper's Service Agreement with Transporter is deemed terminated unless Replacement
Shipper agrees to pay the lower of: (1) the former Releasing Shipper's contract rate, or (2) the maximum tariff
rate for the service for the remainder of the Replacement Shipper's Service Agreement.
(c) In the event that an Assignee (including a Secondary Assignee) fails to pay Transporter's
invoice relating to the released capacity, Transporter shall within ten business days provide the Releasor (the
most recent Releasor, where the capacity has been secondarily assigned) with written or telephonic notice of
such nonpayment. Upon Releasor's receipt of such notice of Assignee's nonpayment, Releasor, without prejudice
to any other rights it may have, may immediately recall the assigned capacity upon 24-hour notice to Assignee
unless within such period Assignee pays in full the outstanding indebtedness, together with accrued interest at
the Commission approved interest rate, and furnishes adequate assurance of payment to Releasor if required by
Releasor.
(d) Transporter should provide the original releasing shipper with Internet E-mail notification
reasonably proximate in time with any of the following formal notices given by Transporter to the releasing
shipper's replacement shipper(s), of the following:
(1) Notice to the replacement shipper regarding the replacement shipper's past due, deficiency,
or default status pursuant to Transporter's tariff;
(2) Notice to the replacement regarding the replacement shipper's suspension of service notice;
(3) Notice to the replacement shipper regarding the replacement shipper's contract termination
notice due to default or credit-related issues; and
(4) Notice to the replacement shipper that the replacement shipper(s) is no longer creditworthy
and has not provided credit alternative(s) pursuant to Transporter's tariff.
14.9 Refunds.
(a) For all refunds other than those described at paragraph (b) immediately below, the original
Releasor of any capacity shall receive from Transporter any reservation charge-related refunds associated with
assigned capacity, including any refunds related to the reservation charge portion of payments under a one-part
volumetric rate. The Assignee holding the assigned right to service at the time of the overpayment shall
receive from Transporter its share of any commodity charge-related refunds, including any refunds related to the
commodity portion of payments under a one-part volumetric rate, associated with the assigned capacity. Refunds
owed by Transporter will be made by Transporter directly to Assignee, or indirectly through the Releasor if
Assignee has appointed Releasor as its agent for billings pursuant to Section 14.8(a) above.
(b) The refund obligation of Transporter set forth in paragraph (a) shall be modified where
Releasor has released capacity at a rate in excess of that owed by Releasor to Transporter for that capacity
("Releasor's Margin"), to the extent that Releasor's Margin equals or exceeds the amount of any refund
obligation, Transporter shall not be obliged to make refunds to Releasor. (Any refunds ultimately paid to an
Assignee in that event shall be paid by Releasor). For capacity release transactions with a term of one (1)
year or less that are not subject to the maximum rates set forth in Transporter's Tariff, no refunds will be
owed to the Replacement Shipper. Any applicable refund will be paid directly to the Releasor.