Millennium Pipeline Company, L. L. C.
Original Volume No. 1
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Effective Date: 12/22/2008, Docket: CP98-150-011, Status: Effective
Original Sheet No. 191 Original Sheet No. 191
GENERAL TERMS AND CONDITIONS
(Continued)
14.8 Billing.
(a) Transporter, in accordance with the terms of this Tariff,
shall: (i) bill the Releasor for the full reservation charge, applicable
reservation-related surcharges and any other fixed charges for which Releasor
is otherwise obligated to Transporter, less either the reservation charge bid
by Releasor's Replacement Shipper, or the reservation charge portion of
amounts billed to Replacement Shippers paying one-part volumetric rates; and
(ii) bill the Replacement Shipper for (A) the reservation charge bid by that
Replacement Shipper (except for periods during which the Releasor has
recalled the capacity), (B) all commodity charges, or all payments under one-
part volumetric rates, and any minimum volumetric commitment agreed to but
not met by the Replacement Shipper, (C) any commodity surcharges, (D) any
penalties or imbalance correction costs associated with the assigned
capacity, and (E) any applicable overrun charges, as any of these charges may
change from time to time upon approval of the Commission. For all payments
received from Replacement Shipper, Transporter shall allocate such payment
first to the reservation charge (or to the reservation charge component under
a one-part rate) and then any amounts above that level to the commodity
charge (or to the commodity charge component under a one-part rate).
Replacement Shipper may, upon notice to Transporter and approval of the
Releasor, appoint Releasor as its agent to receive such billings from
Transporter. The charges shall be pro-rated for a Billing Month if
necessary.
(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
releases of capacity for the remainder of the service agreement term,
Transporter may in its reasonable discretion agree to release the Releasor
from this responsibility, making the release a permanent release. Such
discretion shall be exercised by Transporter in a nondiscriminatory manner.
Until payment by Replacement Shipper 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 Replacement Shipper to Transporter will not be withheld from Releasor by
Transporter due to Replacement Shipper'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.