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. 148 Original Sheet No. 148 : Effective
GENERAL TERMS AND CONDITIONS
(a) For all refunds other than those described at paragraph (b)
immediately below, the original Releasor of any capacity shall receive from
Transporter any reservation charge-related refunds associated with the
assigned capacity, including any refunds related to the reservation charge
portion of payments under a one-part volumetric rate. The Replacement
Shipper holding the assigned right to service at the time of the
overpayment shall receive from Transporter its share of any commodity
charge-related refunds, including any refunds related to the commodity
portion of payments under a one-part volumetric rate, associated with the
assigned capacity. Refunds owed by Transporter will be made by Transporter
directly to Replacement Shipper, or indirectly through the Releasor if
Replacement Shipper has appointed Releasor as its agent for billings
pursuant to Section 14.8(a) above.
(b) The refund obligation of Transporter set forth in paragraph
(a) shall be modified where Releasor has released capacity at a rate in
excess of that owed by Releasor to Transporter for that capacity
(Releasor's Margin). To the extent that Releasor's Margin equals or
exceeds the amount of any refund obligation, Transporter shall not be
obligated to make refunds to Releasor. Any refunds ultimately paid to a
Replacement Shipper in that event shall be paid by Releasor.
14.10 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 Releasor and Transporter agree that
Transporter shall receive a fee for actively marketing the capacity
Releasor seeks to release.
14.11 Term. The term a Releasing Shipper imposes may not conflict with any
provision of the Service Agreement, Rate Schedule or General Terms and
Conditions of Transporter's Tariff. In the event of such conflict,
Transporter may withdraw the Shipper's notice from posting.
14.12 Termination. If the Releasing Shipper fails to pay any monthly bill
in accordance with the provisions of its Service Agreement and of Section
10 of the General Terms and Conditions, the Service Agreement at issue
shall terminate and the capacity under contract by that Releasing Shipper
shall revert back to Transporter. Any Service Agreement(s) of a Replacement
Shipper(s) for such capacity shall terminate as well.