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.