Trunkline LNG Company, LLC

Second Revised Volume No. 1-A

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Effective Date: 02/23/2009, Docket: RP09-247-000, Status: Effective

Second Revised Sheet No. 101 Second Revised Sheet No. 101

Superseding: First Revised Sheet No. 101

 

GENERAL TERMS AND CONDITIONS

Continued)

 

 

9. CAPACITY RELEASE (Continued)

 

9.9 Billing Adjustments to Releasing Shipper

 

(A) TLNG shall credit Releasing Shipper's monthly bill to

reflect the Reservation Charges (including

surcharges, if any) invoiced to Replacement Shipper

provided, however, that TLNG and Releasing Shipper

may, in connection with a Negotiated Rate based on a

rate design other than straight fixed variable, agree

upon a payment obligation and crediting mechanism

that varies from or is in addition to the provisions

of this Section 9.9 in order to establish the basis

of accounting for revenues from a Replacement Shipper

as a means of preserving the economic bases of the

Negotiated Rate. In the event of a release with a

volumetric rate, the volumetric rate shall be no

greater than the 100% load factor equivalent of the

Maximum Reservation Rate currently applicable to the

service released and shall be credited to the

Releasing Shipper's monthly bill. Replacement

Shipper's payment of the Usage Charge and applicable

usage surcharges, if any, will be retained by TLNG.

Notwithstanding the above, no 100% load factor

equivalent limitation shall apply to a capacity

release for a period of one year or less if the

release is to take effect on or before one year from

the date on which TLNG is notified of the release.

 

(B) If Replacement Shipper fails to pay all or any part

of the Reservation Charges so credited within thirty

(30) days of its due date, then such unpaid amount

plus interest will be charged to Releasing Shipper's

next monthly bill and will be due and payable by

Releasing Shipper in accordance with Section 15

herein.

 

(C) TLNG and Releasing Shipper may enter into a marketing

agreement. In the event TLNG issues an Addendum to a

Replacement Shipper found by TLNG pursuant to such

marketing agreement, any negotiated marketing fee

will be added to Releasing Shipper's invoice.