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.