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