Wyckoff Gas Storage Company, LLC
Original Volume No. 1
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Effective Date: 12/31/9999, Docket: RP09- 444-000, Status: Accepted
Original Sheet No. 29 Original Sheet No. 29
8.7 Billing.
(a) Transporter, in accordance with the terms of this
Tariff, shall (i) bill the Releasing Shipper for the full reservation
charge, applicable reservation-related surcharges and any other fixed
charges for which the Releasing Shipper is otherwise obligated to
Transporter, less either the reservation charge bid by the Replacement
Shipper, or the reservation charge portion of amounts billed to
Replacement Shippers paying one- part volumetric rates; and (ii) bill
the Replacement Shipper for (A) the reservation charge bid by that
Replacement Shipper (except for periods during which the Releasing
Shipper has recalled the capacity), (B) all commodity charges, or all
payments under one-part volumetric rates, and any minimum volumetric
commitment agreed to but not met by the Replacement Shipper, (C) any
commodity surcharges, (D) any penalties or imbalance correction costs
associated with the assigned capacity, and (E) any applicable overrun
charges, as any of these charges may change from time to time upon
approval of the Commission. For all payments received from Replacement
Shipper, Transporter shall allocate such payment first to the
reservation charge (or to the reservation charge component under a one-
part rate) and then any amounts above that level to the commodity
charge (or to the commodity charge component under a one-part rate).
Replacement Shipper may, upon notice to Transporter and approval of the
Releasing Shipper, appoint the Releasing Shipper as its agent to
receive such billings from Transporter. The charges shall be pro-rated
for a Billing Month if necessary.
(b) For all assignments of service rights, the Releasing
Shipper shall remain ultimately responsible to Transporter for full
payment of the reservation charge, any applicable reservation- related
surcharges, and any other fixed charges for which the Releasing Shipper
is otherwise obligated to Transporter. For permanent releases of
capacity, Transporter may in its reasonable discretion agree to release
the Releasing Shipper from this responsibility. Such discretion shall
be exercised by Transporter in a nondiscriminatory manner. Until
payment by Replacement Shipper to Transporter of any unpaid reservation
charges, any claims the Releasing Shipper may have relating to those
charges shall be subordinated to those of Transporter. Any reservation
charge payments made by the Replacement Shipper to Transporter will not
be withheld from the Releasing Shipper by Transporter due to
Replacement Shipper’s failure to pay Transporter other amounts owed
that are unrelated to the released capacity.
(c) In the event that a Replacement Shipper (including a
Secondary Replacement Shipper) fails to pay Transporter’s invoice
relating to the released capacity, Transporter shall, within five (5)
business Days provide the Releasing Shipper (the most recent Releasing
Shipper, where the capacity has been secondarily assigned) with
written, email or telephonic notice of such nonpayment. Upon the
Releasing Shipper’s receipt of such notice of Replacement Shippers
nonpayment, the Releasing Shipper, without prejudice to any other
rights it may have, may immediately recall the assigned capacity upon
24-hour notice to Replacement Shipper unless within such period
Replacement Shipper pays in full the outstanding indebtedness, together
with accrued interest at the Commission-approved interest rate, and
furnishes adequate assurance of payment to the Releasing Shipper if
required by the Releasing Shipper.
8.8 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 the Releasing Shipper and
Transporter agree that Transporter shall receive a fee for actively
marketing the capacity the Releasing Shipper seeks to release.