Viking Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-279-000, Status: Effective

Fourth Revised Sheet No. 81 Fourth Revised Sheet No. 81

Superseding: Third Revised Sheet No. 81

 

GENERAL TERMS AND CONDITIONS

 

 

21. RELEASES OR ASSIGNMENTS OF FIRM TRANSPORTATION AGREEMENTS (Continued)

 

21.11 Further Conditions on Release of Transportation Rights (Continued)

 

As a courtesy to Releasing Shipper, Company shall endeavor to notify

Releasing Shipper of the Replacement Shipper's failure to pay its bill in

full when due after Company becomes aware of such failure; provided,

however, that Company's inability or failure to provide notice to

Releasing Shipper shall not excuse Releasing Shipper from making timely

and full payment of the applicable reservation charges. 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 Company to exercise the

remedies available under the Firm Transportation Agreement and this

Tariff, including suspension of service to the Releasing Shipper and the

Replacement Shipper, as well as any other remedies available to Company.

 

(j) Any increase in Company's rates, charges and surcharges shall remain the

responsibility of the Releasing Shipper; provided, however, that the

Releasing Shipper may provide in its release for the rates, charges or

surcharges for released transportation rights to increase in accordance

with any such increases in Company's rates, charges and surcharges. In

either circumstance, any refunds of any rates or charges ordered by the

FERC shall be paid by Company to the Releasing Shipper and distributed to

the Replacement Shipper in the manner specified in the release and

incorporated in the Released Transportation Agreement. For releases not

subject to the Maximum Rate, i.e., with a term of one year or less and the

release is to take effect on or before one year from the date on which the

Releasing Shipper notifies the Company of the release, the rate paid by

the Replacement Shipper will be deemed to be a final rate and is not

subject to refund.

 

 

(k) The Replacement Shipper's service under a release shall be subject to and

governed by the terms and conditions of the Releasing Shipper's Firm

Transportation Agreement and governing rate schedule and the Released

Transportation Agreement.

 

(l) Company shall accept nominations, schedule service, afford priority of

service and curtail service based on instructions and communications

from the Releasing Shipper and the Replacement Shipper which are

consistent with one another and with the terms and conditions of

Company's Tariff and their respective Firm Transportation Agreements.

In the event that instructions or nominations from the Releasing

Shipper and Replacement Shipper are, in Company's sole opinion,

inconsistent or conflicting, Company shall use reasonable efforts to

contact the Releasing Shipper and Replacement Shipper to resolve the

conflicting communications. In the event Company is unable to resolve

the conflict prior to the time that it must take the required action,

Company shall comply with the instructions of the Releasing Shipper;

provided however that such instructions must not be inconsistent with

Company's Tariff or the terms of either the Releasing Shipper's or