Transwestern Pipeline Company, LLC
Third Revised Volume No. 1
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Effective Date: 03/01/2009, Docket: RP09-254-000, Status: Effective
Fifth Revised Sheet No. 177 Fifth Revised Sheet No. 177
Superseding: Fourth Revised Sheet No. 177
GENERAL TERMS AND CONDITIONS
(continued)
D. Billing: For any releases of capacity (primary, secondary, or subsequent),
Transporter shall directly bill the Replacement Shipper the negotiated rate for the
released capacity, as well as any applicable usage charges and penalties which may be
assessed on such transaction. The Replacement Shipper shall pay such amounts directly
to Transporter in accordance with the requirements of the FTS-1, LFT, FTS-4 and FTS-5
Rate Schedules and Transporter shall apply such amounts first to the reservation
charge(s) due for transportation service and then to any reservation surcharges(s)
(if applicable), including late charges related solely to such reservation charge(s),
then to any penalty due, then to usage charges, and finally to late charges not
related to any reservation charge(s) due. The Releasing Shipper will be billed for
and shall pay to Transporter any negotiated Marketing Fee plus the difference between
the Transporter's applicable rates under the Releasing Shipper's Service Agreement
and the negotiated rates billed to the Replacement Shipper, subject to Section
30.8.F. In the event that the Replacement Shipper's as-billed rate exceeds the
Releasing Shipper's applicable rate, the difference shall, at the Releasing Shipper's
discretion, either be credited by Transporter to the Releasing Shipper's account with
Transporter, or be refunded. Any amounts credited shall be limited to reservation
charge revenues received from the Replacement Shipper pursuant to the Replacement
Shipper's Service Agreement with Transporter. If a refund is elected by the
Releasing Shipper, Transporter shall make such refund by wire transfer within ten
days of its receipt of final payment from the Replacement Shipper, together with
interest computed in the manner set forth in Section 7.2 of these General Terms and
Conditions.
E. Termination for Non-payment: Should Replacement Shipper not make full payment of all
amounts billed to it by Transporter within 10 days of the date of any invoice,
Transporter shall notify the Replacement Shipper in writing, with a courtesy copy to
Releasing Shipper, advising that if default continues for a thirty day period from
such invoice date, the Service Agreement may be terminated; provided however,
Replacement Shipper may avoid termination by providing Transporter with good and
sufficient indemnity bond. If Replacement Shipper fails to cure or remedy non-
payment within such thirty day period, the Service Agreement between Transporter and
the Replacement Shipper may be terminated at the discretion of Transporter or
Releasing Shipper, and Releasing Shipper shall immediately be able to again release
such capacity under these procedures.