Tuscarora Gas Transmission Company
Original Volume No. 1
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Effective Date: 07/30/2008, Docket: RP09-302-000, Status: Effective
Second Revised Sheet No. 74 Second Revised Sheet No. 74
Superseding: First Revised Sheet No. 74
GENERAL TERMS AND CONDITIONS
26.7 Obligations of Releasing Shipper and Other Matters. Notwithstanding
anything to the contrary herein, in any Releasing Shipper's Notice, in
any bid or accepted bid, in any Release, in any New Transportation
Service Agreement or otherwise:
(a) The Release or the New Transportation Service Agreement relating thereto
shall not constitute a release of any of the obligations of the Releasing
Shipper under the Existing Transportation Service Agreement and the
Releasing Shipper shall remain fully liable for all of those obligations,
including, without limitation, all reservation charges, reservation
surcharges, and other fixed costs owing under that service agreement in
respect of capacity rights released pursuant to the Release, as if the
Release had never been entered into; provided, however, Transporter shall
credit the Releasing Shipper with all reservation charges, reservation
surcharges, and other fixed costs ("Fixed charges"), but not charges
related to usage, actually paid by that Shipper and received by
Transporter which are owed in respect of the capacity rights released by
that releasing shipper and acquired by that Shipper from Transporter
under a New Transportation Service Agreement pursuant to releasing
Shipper's release (but not pursuant to subsequent releases of the same
capacity), even if greater than the Fixed Charges obligation of the
releasing Shipper. Shipper under a New Transportation Service Agreement
shall be liable to Transporter for all obligations incurred thereunder,
including Fixed Charges and charges related to usage. Any Replacement shipper
that is awarded released capacity subject to a rate cap shall be entitled to
receive refunds to the extent that the maximum rate set forth in this FERC Gas
Tariff is subsequently determined to be in excess of a just and reasonable
rate; provided, however, that if the Releasing Shipper is subject to a
discounted rate and received credits attributable to Fixed Charges that
Transporter is required to refund, Transporter shall be entitled to reverse
such credits and shall be required to refund such amounts to the Replacement
Shipper only to the extent actually collected back from the Releasing Shipper.
For capacity release transactions of one (1) year or less, the prevailing rate
for the transaction shall be considered just and reasonable and the
Replacement Shipper shall not be entitled to receive refunds referenced
herein.