Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-255-000, Status: Effective

Second Revised Sheet No. 192 Second Revised Sheet No. 192

Superseding: First Revised Sheet No. 192

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

21. CAPACITY RELEASE (Continued)

 

21.9 Billing Adjustments to Releasing Shipper

 

(a) Transporter shall credit Releasing Shipper's monthly

bill to reflect the Reservation Charge (including

surcharges, if any) invoiced to Replacement Shipper,

provided however, that Transporter and Releasing

Shipper may, in connection with a Negotiated Rate

based on a rate design other than straight fixed

variable, agree upon a payment obligation and

crediting mechanism that varies from or is in addition

to the provisions of this Section 21.9 in order to

establish the basis of accounting for revenues from a

Replacement Shipper as a means of preserving the

economic bases of the Negotiated Rate. In the event

of a release with a volumetric rate, for releases with

a term of more than one year, or for releases with a

term of one year or less that will take effect more

than one year from the date Releasing Shipper notifies

Transporter of the release, the volumetric rate shall

be no greater than the 100% load factor equivalent of

the Maximum Rate currently applicable to the service

released and shall be credited to the Releasing

Shipper's monthly bill. Replacement Shipper's payment

of the Usage Charge and applicable usage surcharges,

if any, will be retained by Transporter.

 

(b) If Replacement Shipper fails to pay all or any part of

the Reservation Charge so credited within thirty (30)

days of its due date, then such unpaid amount plus

interest will be charged to Releasing Shipper's next

monthly bill and will be due and payable by Releasing

Shipper in accordance with Section 8 herein.

 

21.10 Offers to Purchase Firm Capacity

 

Transporter agrees to post on its Web Site, at a party's

request, offers to purchase firm capacity on a permanent or

temporary basis. Each offer will remain on the Web Site

for five (5) Business Days before it is removed, unless the

requesting party notifies Transporter prior to the

expiration of any five (5) Day period that it wishes to

extend the posting for an additional five (5) Business

Days.