North Baja Pipeline, LLC
Original Volume No. 1
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Effective Date: 08/12/2002, Docket: RP02-363-000, Status: Effective
Original Sheet No. 180 Original Sheet No. 180 : Effective
GENERAL TERMS AND CONDITIONS OF SERVICE
(Continued)
19. CAPACITY RELEASE (Continued)
19.12 Crediting, Billing Adjustments and Refunds
(a) Eligibility
NBP shall provide revenue credits to any Releasing Shipper
which releases capacity to a Replacement Shipper pursuant to
the provisions of Paragraph 19. NBP and Shipper may, in
connection with a Negotiated Rate Agreement under a firm
rate schedule, agree upon payment obligations and crediting
mechanisms in the event of a capacity release that varies
from, or are in addition to, those set forth in this
Paragraph 19.12; provided, however, that terms and
conditions of service may not be negotiated.
(b) Monthly Crediting Procedure
Revenue credits for released capacity shall be credited
monthly as an offset to a Releasing Shipper's reservation
charge (or the volumetric equivalent of the reservation
charge on a one hundred percent (100%) load-factor basis
applicable to the Releasing Shipper. This shall also be
referred to in this Paragraph 19.12 as the equivalent
volumetric rate) payable to NBP under the applicable rate
schedule for the service that has been released. NBP shall
credit each month to the Releasing Shipper's account one
hundred percent (100%) of the revenues from the charges
invoiced to the Replacement Shipper(s) for the reservation
charge (or equivalent volumetric rate).
(c) Billing Adjustments
NBP shall apply the revenues received from Replacement
Shippers first to the reservation charge (or equivalent
volumetric rate). Should Replacement shipper default on
payment to NBP of the reservation charge (or equivalent
volumetric rate) NBP shall bill Releasing Shipper for such
unpaid charges and apply interest to such adjustments in
accordance with the provisions of Paragraph 7 of these
General Terms and Conditions of Service.
(Continued)