Millennium Pipeline Company, L. L. C.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 12/22/2008, Docket: CP98-150-011, Status: Effective

Original Sheet No. 193 Original Sheet No. 193

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

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 the

assigned capacity, including any refunds related to the reservation charge

portion of payments under a one-part volumetric rate. The Replacement

Shipper 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

Replacement Shipper, or indirectly through the Releasor if Replacement

Shipper 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 obligated to make refunds to

Releasor. (Any refunds ultimately paid to a Replacement Shipper in that

event shall be paid by Releasor.)

 

14.10 Fees. Transporter shall not charge a fee for posting of a Release

Notice or a Request to Purchase on its EBB. Transporter shall be entitled to

charge a reasonable fee if Releasor and Transporter agree that Transporter

shall receive a fee for actively marketing the capacity Releasor seeks to

release.

 

14.11 Term. The term a Releasing Shipper imposes may not conflict with any

provision of the Service Agreement, Rate Schedule or General Terms and

Conditions of Millennium tariff. In the event of such conflict, Millennium

may withdraw the Shipper's notice from Posting.

 

14.12 Termination. If the Releasing Shipper fails to pay any monthly bill in

accordance with the provision of its service agreement and of Section 10 of

the General Terms and Conditions, Transporter may commence suspension and

termination of service procedures as set forth in Sections 3 and 10 of the

General Terms and Conditions. Any service agreement(s) of a Replacement

Shipper(s) for such capacity shall be terminated as well, unless (1)

Replacement Shipper agrees to pay Transporter the currently effective maximum

rates for service under the Tariff, or (2) Transporter and Replacement

Shipper mutually agree upon a discounted rate or negotiated rate for service

under this Tariff, or (3) Replacement Shipper elects to continue service at

the contract rate between the Releasor and Transporter.