Trans-Union Interstate Pipeline, L.P.
Original Volume No. 1
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Effective Date: 02/07/2006, Docket: RP06-217-000, Status: Effective
Original Sheet No. 133 Original Sheet No. 133 : Effective
(g) Notwithstanding anything herein to the contrary, all
Releasing Shippers
that release capacity shall remain responsible for payment of all
demand
charges for released transportation unless Transporter consents
to a permanent
release after the Replacement Shipper submits all necessary
information for a
new service request, satisfies all creditworthiness requirements
and the
Releasing and Replacement Shippers execute all necessary service
agreements or
amendments with Transporter. Transporter and Shipper may, in
connection with
their agreement to a Negotiated Rate under a firm transportation
rate
schedule, agree upon Releasing Shipper payment obligations and
crediting
mechanisms in the event of a capacity release that vary from or
are in
addition to those set forth herein and in Subsection (i) of this
Section. The
Releasing Shipper shall receive a demand credit equaling the
demand dollars
for which Transporter bills the Replacement Shipper. A demand
rate for the
purposes of this Section 26 consists of (i) the base demand rate,
and (ii) all
applicable surcharges. Any discount from said rate comes first
off the
surcharges and then off the base demand rate. Therefore a
Releasing Shipper
paying a discounted rate is only entitled to receive any revenues
from the
release of its capacity that exceed the amount of the applicable
surcharges.
(h) Transporter shall bill Replacement Shipper in accordance
with Section 11
of the General Terms and Conditions based upon the rates,
charges, and
surcharges incorporated in the Released Transportation Service
Agreement. The
commodity charges for the Replacement Shipper will include the
maximum
commodity rate under the applicable rate schedule including all
adjustments.
If the Replacement Shipper fails to pay all or any portion of any
bill by the
due date specified on the bill, Transporter shall send an invoice
to the
Releasing Shipper for all unpaid amounts up to the amount of the
Releasing
Shipper's reservation charge, which the Releasing Shipper shall
pay to
Transporter with interest on the unpaid amount, which interest
shall be
calculated from the date that Transporter credited the Releasing
Shipper for
the applicable demand charges in accord with (g) above. Releasing
Shipper
shall submit the payment within ten days of receipt of
Transporter's invoice.
Releasing Shipper shall be responsible for obtaining
reimbursement for any
such payment from Replacement Shipper. Failure of either the
Replacement
Shipper or Releasing Shipper to pay bills shall entitle
Transporter to
exercise the remedies available under the applicable service
agreements and
this Tariff, including suspension of service to the Releasing
Shipper and the
Replacement Shipper, as well as any other remedies available to
Transporter.
(i) Except in case of permanent assignment, any increase in
Transporter's
rates, charges, and surcharges shall remain the responsibility of
the
Releasing Shipper; provided, however, that the Releasing Shipper
may provide
in its Release Request