Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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Effective Date: 05/21/2010, Docket: RP10-621-000, Status: Effective

Eighth Revised Sheet No. 263 Eighth Revised Sheet No. 263

Superseding: Seventh Revised Sheet No. 263

 

GENERAL TERMS AND CONDITIONS (Continued)

 

17. FIRM CAPACITY RELEASE MECHANISM (Continued)

 

17.10 In the event that the released capacity is acquired solely as a

result of the posting on Transporter's Website, and Transporter does not

otherwise actively market the capacity, the Releasing Shipper will

receive a credit for one hundred (100) percent of the reservation/demand

charge(s), or the volumetric equivalent of such charge(s), (plus an

amount for the surcharges recovered from the Replacement Shipper no

greater than the level of such surcharges which the Releasing Shipper is

obligated to pay) received by Transporter from the Replacement Shipper

whether or not the firm service reservation/demand charge(s), or the

volumetric equivalent of such charge(s), being paid by the Releasing

Shipper is being discounted to a level below the charges to be received

for the released capacity. This amount will be credited to the

Releasing Shipper's bill simultaneously with the billing of the capacity

to the Replacement Shipper; provided, however, that if the Replacement

Shipper fails to pay all of the amount of any bill when such amount

becomes due, Transporter has the right, pursuant to Section 21 of these

General Terms and Conditions, to reverse such credit on the Releasing

Shipper's subsequent bill and, in addition, charge the Releasing Shipper

interest accrued for each day commencing the eleventh (11th) day

subsequent to the Replacement Shipper's receipt of its bill, at the

interest rate prescribed by §154.501 of the FERC's Regulations, or

successor basis. The Releasing Shipper is responsible to Transporter

for the payment of reservation charges, but not for penalties or other

charges incurred by the Replacement Shipper as a result of the

Replacement Shipper's conduct except as noted in this Subsection 17.10.

 

17.10.1 In the event Transporter actively markets the released

capacity, via an acceptable electronic communication mechanism as

described in Section 8 of these General Terms and Conditions or

via an alternate method in an emergency situation as described in

Subsection 17.13, the Releasing Shipper will receive a credit, in

accordance with Subsection 17.10, less the amount that the

Releasing Shipper specified would be payable to Transporter as a

marketing fee.

 

17.10.2 In the event Transporter is required by FERC Order to

issue refunds, any refunds related to released capacity

reservation/demand charge(s) will be issued to the Releasing

Shipper based upon the charges assessed by Transporter to the

Releasing Shipper and any refunds related to released capacity

commodity charges will be issued to the Replacement Shipper based

upon the charges assessed by Transporter to the Replacement

Shipper. Any refunds that may be due the Replacement Shipper

related to reservation/demand charge(s) must be resolved between

the Releasing and Replacement Shippers.