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Substitute Third Revised Sheet No. 100 Substitute Third Revised Sheet No. 100 : Superseded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.