Central Kentucky Transmission Company
Original Volume No. 1
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Effective Date: 05/01/2006, Docket: CP05- 48-002, Status: Effective
Original Sheet No. 146 Original Sheet No. 146 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
14.8 Billing.
(a) Transporter, in accordance with the terms of this Tariff,
shall: (i) bill the Releasor for the full reservation charge, applicable
reservation-related surcharges and any other fixed charges for which
Releasor is otherwise obligated to Transporter, less either the reservation
charge bid by Releasor's 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 Releasor 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 Releasor, appoint Releasor 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, Releasor 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 Releasor is otherwise obligated to Transporter. For
permanent releases of capacity, Transporter may in its reasonable
discretion agree to release the Releasor 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 Releasor may have relating to those charges
shall be subordinated to those of Transporter. Any reservation charge
payments made by Replacement Shipper to Transporter will not be withheld
from Releasor by Transporter due to Replacement Shipper's failure to pay
Transporter other amounts owed that are unrelated to the released capacity.
In the event of termination of Releasor's Service Agreement with
Transporter, Replacement Shipper's Service Agreement with Transporter,
Replacement Shipper's Service Agreement with Transporter is deemed
terminated unless (1) Replacement Shipper agrees to pay Transporters the
currently effective maximum rate for service under the tariff, or (2)
Transporter and Replacement Shipper mutually agree upon a discounted rate
or negotiated rate for services under this tariff; provided, however, that
any Replacement Shipper shall be entitled to continued service at the
contract rate between the Releasor and Transporter.