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