Kinder Morgan Interstate Gas Transmission LLC

Second Revised Volume No. 1-D

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Effective Date: 12/28/1999, Docket: GT00- 19-000, Status: Effective

Original Sheet No. 45 Original Sheet No. 45 : Effective

 

 

GENERAL TERMS AND CONDITIONS FOR SERVICES - continued

 

(c) If a Replacement Shipper or Subreplacement Shipper

does not make payment to Transporter of the reservation portion of

the charges due as set forth in its Released Firm Transportation

Agreement, Transporter shall bill the Releasing Shipper(s) from whom

such Replacement or Subreplacement Shipper received the capacity for

the amount(s) due, including all applicable late charges authorized

by Transporter's Tariff, and such amount shall be paid by such

Releasing Shipper within ten (10) days of the receipt of such

billing, or interest shall continue to accrue. In the event that the

Replacement or Subreplacement Shipper has not paid such amount(s) due

by the end of such ten (10) day period, then: (1) the Releasing

Shipper has the right to recall the capacity; and (2) Transporter's

rights against the delinquent Replacement/Subreplacement Shipper

shall be subrogated to the related rights of the Releasing Shipper.

Transporter shall make a reasonable effort to collect from the

Replacement/Subreplacement Shipper the amount(s) due. Such reasonable

effort shall not include incurring costs from outside attorneys,

collection agents or other third parties.

 

(d) All payments received from a Replacement or

Subreplacement Shipper shall first be applied to reservation charges,

then to late charges on reservation charges, then to scheduling

charges and cashout amounts, then to late charges not on the

reservation charges, and then last to commodity-based charges.

Payments by Replacement or Subreplacement Shippers in excess of the

total amount(s) due for the Released Firm Transportation Agreement

capacity shall be a credit applied to any outstanding balance owed

under any contract with Transporter, or a refund if requested in

writing and no such outstanding balance exists.

 

23.14 NOMINATIONS/SCHEDULING; RECALLS AND REPUTS

 

All Replacement and Subreplacement Shippers shall

nominate and schedule natural gas for service hereunder directly with

Transporter in accordance with the applicable procedures set forth in

Section 3 of these General Terms and Conditions. In order for any

capacity recall or capacity reput to be effective for a day, a

Releasing Shipper must give prior notice of such recall or reput and

any allocation of the capacity for a partial recall or reput to

Transporter, and to the Replacement Shipper or Subreplacement Shipper

from which the capacity is recalled or to whom the capacity is reput,

no later than 8:00 a.m. Central Clock Time on the day the regularly-

scheduled nomination for service related to the recalled capacity is

due under Section 3.2 of these General Terms and Conditions. All

recalls and reputs shall be effective as of the