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