Midwestern Gas Transmission Company
SECOND REVISED VOLUME NO. 1
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Effective Date: 05/01/2000, Docket: RP00-233-001, Status: Effective
Substitute Third Revised Sheet No. 100 Substitute Third Revised Sheet No. 100 : Superseded
Superseding: Second Revised Sheet No. 100
GENERAL TERMS AND CONDITIONS
g) Transporter may invalidate any Release Request or any Bid subsequent
to its posting on PASSKEY that does not conform in all respects to the
requirements of Transporter's Tariff, and such invalidated Release
Request or Bid shall be deemed null and void.
h) Notwithstanding any release hereunder, all Releasing Shippers shall
remain responsible for payment of the reservation charge for firm
transportation service released; provided, however, that Transporter
and Shipper may, in connection with their agreement to a Negotiated
Rate under a firm transportation rate schedule, agree upon payment
obligations and crediting mechanisms in the event of a capacity release
that vary from or are in addition to those set forth herein and in
Subsection (i) of this Section; provided that nothing in the foregoing
proviso shall authorize Transporter or Shipper to violate the FERC's
policy with respect to negotiation of terms and conditions of service.
The Releasing Shipper shall receive a demand credit equaling the demand
charges for which Transporter has invoiced the Replacement Shipper.
The demand charges for the purposes of this Section consist of (i) the
base demand rate, and (ii) all applicable surcharges; provided that for
releases made on a volumetric basis, the demand charges shall equal (i)
the daily demand rate multiplied by the applicable volumes plus (ii)
all applicable surcharges. A Releasing Shipper paying a discounted
rate shall be entitled to receive any revenues from the release of its
capacity that exceed the amount of the applicable surcharges.
i) Transporter shall invoice Replacement Shipper in accordance with
Article V of the General Terms and Conditions based upon the rates,
charges and surcharges incorporated by Exhibit into the Released
Transportation Service Agreement as a result of the release. The
reservation charges for the Replacement Shipper will include the
reservation rate at which the firm transportation service is released
including all adjustments subject to Sections 12(d) and 12(h) above.
The commodity charges for the Replacement Shipper will include the
maximum commodity rate including all adjustments subject to Section
12(d) above. If the Replacement Shipper fails to pay all or any
portion of any bill by the due date specified on the invoice,
Transporter shall send an invoice to the Releasing Shipper for all
unpaid amounts up to the amount of the Releasing Shipper's reservation
charge, which the Releasing Shipper shall pay to Transporter with
interest on the unpaid amount, which interest shall be calculated from
the date that Transporter credited the Releasing Shipper for the
applicable demand charges in accord with (h) above. Releasing Shipper
shall submit the payment within ten days of receipt of Transporter's
invoice. Releasing Shipper shall be responsible for obtaining
reimbursement for any such payment from Replacement Shipper. Failure
of either the Replacement Shipper or Releasing Shipper to pay bills
shall entitle Transporter to exercise the remedies available under the
applicable service agreements and this Tariff, including suspension of
service to the Releasing Shipper and the Replacement Shipper, as well
as any other remedies available to Transporter.