Williston Basin Interstate Pipeline Co.
Second Revised Volume No. 1
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Effective Date: 05/14/2010, Docket: RP10-602-000, Status: Effective
Third Revised Sheet No. 306 Third Revised Sheet No. 306
Superseding: Second Revised Sheet No. 306
GENERAL TERMS AND CONDITIONS (Continued)
36. TAKE-OR-PAY BUYOUT AND BUYDOWN COST RECOVERY MECHANISM
(For Filings Submitted to FERC Prior to November 1, 1990) (Continued)
Transporter reserves the right to reallocate among its remaining
Shippers to whom the fixed monthly surcharge provisions of this Section
36 are applicable, all fixed monthly surcharges in the event any
customer is relieved of its obligation to pay its otherwise applicable
fixed monthly surcharge by a FERC or court order.
36.6 Payment. Transporter shall include the applicable surcharges to
Shipper pursuant to this Section 36 in the monthly billing statements
rendered to Shipper pursuant to the Billings and Payments provisions of
the applicable General Terms and Conditions of Transporter's FERC Gas
Tariff, Second Revised Volume No. 1.
36.7 Prudence. This section establishes Transporter's method of
recovery of buyout/buydown costs following an unsuccessful prudence
challenge before the FERC by Shipper (which term, as applicable, shall
also include, for purposes of this Subsection 36.7, a customer receiving
sales or transportation service under Transporter's canceled FERC Gas
Tariff, Volume Nos. 1, 1-A, 1-B and 2 and/or Transporter's currently
effective Second Revised Volume No. 1) or by a regulatory agency in a
state served by Shipper, consumer advocates or other organizations in a
state served by Shipper charged with representing consumers in
regulatory proceedings or by an organization of which Shipper is a
member. If such challenge occurs, Transporter shall be authorized to
collect from Shipper the full portion of the total costs to be recovered
under this Section 36, which is applicable to Shipper under
Transporter's subject filing pursuant to this Section 36, not reduced by
the portion thereof which Transporter otherwise agreed or was required
to absorb. The amounts to be collected pursuant to the immediately
preceding sentence, increased by appropriate carrying charges in
accordance with Section 154.501 of the FERC's Regulations, shall
constitute the Adjusted Full Amount. Such adjusted full amount shall be
collected from Transporter's previous sales customers served under Rate
Schedules G-1 and SGS-1 contained in Transporter's canceled FERC Gas
Tariff, First Revised Volume No. 1 in the form of an additional fixed
monthly surcharge, of the type provided for and pursuant to Subsection
36.3.1 hereof, but with the amount