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. 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.