Horizon Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 02/22/2009, Docket: RP09-246-000, Status: Effective
Second Revised Sheet No. 192 Second Revised Sheet No. 192
Superseding: First Revised Sheet No. 192
GENERAL TERMS AND CONDITIONS
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(c) If a Replacement Shipper or Subreplacement Shipper
does not make payment to Horizon of the reservation portion of the charges
due as set forth in its Released Firm Transportation Agreement, Horizon
shall bill the Releasing Shipper(s) from whom such Replacement or
Subreplacement Shipper received the capacity for the amount(s) due,
including all applicable late charges authorized by Horizon's Tariff, and
such amount shall be paid by such Releasing Shipper within ten (10) days of
the receipt of such billing, or interest shall continue to accrue. In the
event that the Replacement or Subreplacement Shipper has not paid such
amount(s) due by the end of such ten (10) day period, then: (1) the
Releasing Shipper has the right to recall the capacity; and (2) Horizon's
rights against the delinquent Replacement/ Subreplacement Shipper shall be
subrogated to the related rights of the Releasing Shipper. Horizon shall
make a reasonable effort to collect from the Replacement/Subreplacement
Shipper the amount(s) due. Such reasonable effort shall not include
incurring costs from outside attorneys, collection agents or other third
parties.
(d) All payments received from a Replacement or
Subreplacement Shipper shall first be applied to reservation charges, then
to late charges on reservation charges, then to scheduling charges and
cashout amounts, then to late charges not on the reservation charges, and
then last to commodity-based charges. Except as may otherwise be provided
pursuant to Section 33.4 of these General Terms and Conditions, payments by
Replacement or Subreplacement Shippers in excess of the total amount(s) due
for the Released Firm Transportation Agreement capacity shall be a credit
applied to any outstanding balance owed under any contract with Horizon, or
a refund if requested in writing and no such outstanding balance exists.
(e) REFUNDS DUE UNDER RELEASES GREATER THAN ONE (1) YEAR
If Horizon is obligated to refund any amounts
attributable to reservation charges for capacity which has been released,
Horizon shall make the applicable refund to the Replacement Shipper to the
extent that Horizon has actually received reservation charge amounts from
the Replacement Shipper in excess of the amounts assessable under the
revised maximum reservation charge rates (which amounts are credited to the
account of the Releasing Shipper under Section 15.13(d) above). Except as
may otherwise be provided pursuant to Section 33.4 of these General Terms
and Conditions, Horizon shall make a corresponding adjustment to the
capacity release credit provided to the Releasing Shipper, and may reflect
the reduced capacity release credit in a lower refund or adjusted billings
to the Releasing Shipper. Any other applicable reservation charge refunds
shall go to the Releasing Shipper. Except as may otherwise be provided
pursuant to Section 33.4 of these General Terms and Conditions, commodity
rate refunds shall go to the party which paid the commodity charge.