Trailblazer Pipeline Company

Third Revised Volume No. 1

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Effective Date: 12/01/1996, Docket: RP97- 38-002, Status: Effective

2nd Sub First Revised Sheet No. 139 2nd Sub First Revised Sheet No. 139 : Superseded

Superseding: Original Sheet No. 139

GENERAL TERMS AND CONDITIONS

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guaranteeing refund to Shipper of the amount ultimately found

overpaid by Shipper upon such bills after a final determination which

may be reached either by agreement or judgment of a regulatory agency

or the courts, as may be the case. If Shipper fails to make payment

in accordance with this Section, Trailblazer may, in addition to any

other remedy it may have under this Tariff or under commercial law:

(a) suspend deliveries as provided in Section 6.9 of these General

Terms and Conditions; and (b) offset such deficient payments against

any payments, refunds or credits owed by Trailblazer to Shipper;

provided, however, curtailment under said Section 6.9 shall not apply

to an unpaid amount attributable to a good faith billing dispute if

Shipper provides an adequate surety bond.

 

16.5 ADJUSTMENT OF ERRORS

 

All statements, billings and payments based on actualized

volumes shall be final unless questioned within twelve (12) months

from the date of such billing, statement or payment. Any error

discovered as a result of a timely claim shall be corrected within

thirty (30) days of the determination thereof.

 

16.6 DISCOUNTING POLICY FOR RATES AND CHARGES

 

Trailblazer reserves the right to provide, by contract

with any Shipper, for adjustment at any time of the rates for service

to a level below the maximum rates applicable to such service, as

stated in this Tariff, but no less than the minimum rates as

applicable to such service, as stated in this Tariff. To the extent

Trailblazer agrees to a discount of any reservation rates and

reservation transition-cost surcharges for firm transportation

service, the discount will be apportioned first to the base

reservation rate, and second, if the discount is greater than such

base reservation rate, to any applicable reservation transition-cost

surcharge. To the extent Trailblazer agrees to discount any commodity

rates and commodity transition-cost surcharges for firm

transportation service, the discount will be apportioned first to the

base commodity rate, and second, if the discount is greater than such

base commodity rate, to the commodity transition-cost surcharge. To

the extent Trailblazer agrees to a discount of any commodity rates

and commodity transition-cost surcharges for interruptible

transportation service, the discount will be apportioned first to the

base commodity rate, and second, if the discount is greater than such

base commodity rate, to any applicable commodity transition-cost

surcharge. Nothing herein will require Trailblazer to agree to any

discount.