K O Transmission Company
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-394-002, Status: Effective
Substitute Second Revised Sheet No. 59 Substitute Second Revised Sheet No. 59
Superseding: First Revised Sheet No. 59
GENERAL TERMS AND CONDITIONS (continued)
4. Release and Assignment of Service Rights (continued)
Any reservation charge payments made by Replacement Shipper to Transporter
will not be withheld from Releasing Shipper by Transporter due to Replacement
Shipper's failure to pay Transporter other amounts owed that are unrelated to
the released capacity.
(c)
In the event that a Replacement Shipper (including a Secondary Replacement
Shipper) fails to pay Transporter's invoice relating to the released capacity,
Transporter shall within five (5) business days provide the Releasing Shipper
(the most recent Releasing Shipper, where the capacity has been secondarily
assigned) with written or telephonic notice of such nonpayment. Upon
Releasing Shipper's receipt of such notice of Replacement Shipper's
nonpayment. Releasing Shipper, without prejudice to any other rights it may
have, may immediately recall the assigned capacity upon twenty-four (24) hour
notice to Replacement Shipper unless within such period Replacement Shipper
pays in full the outstanding indebtedness, together with accrued interest at
the Commission-approved interest rate, and furnishes adequate assurance of
payment to Releasing Shipper if required by Releasing Shipper.
4.9 Refunds
(a)
For all refunds other than those described at paragraph (b) below, the
original Releasing Shipper of any capacity shall receive from Transporter any
reservation charge-related refunds associated with the assigned capacity. The
Replacement Shipper holding the assigned right to service at the time of the
overpayment shall receive from Transporter its share of any commodity
charge-related refunds associated with the assigned capacity. Refunds owed by
Transporter will be made by Transporter directly to Replacement Shipper, or
indirectly through the Releasing Shipper if Replacement Shipper has appointed
Releasing Shipper as its agent for billings pursuant to the Section above.
(b)
The refund obligation of Transporter set forth in paragraph (a) shall be
modified where Releasing Shipper has released capacity at a rate in excess of
that owed by Releasing Shipper to Transporter for that capacity ("Releasing
Shipper's Margin"). To the extent that Releasing Shipper's margin equals or
exceeds the amount of any refund obligation, Transporter shall not be
obligated to make refunds to Releasing Shipper. (Any refunds ultimately paid
to a Replacement Shipper in that event shall be paid by Releasing Shipper.)
4.10 Fees
Transporter shall not charge a fee for posting of a Release Notice or a
Request to Purchase on its website. Transporter shall be entitled to charge a
reasonable fee if Releasing Shipper and Transporter agree that Transporter
shall receive a fee for actively marketing the capacity Releasing Shipper
seeks to release.