Williston Basin Interstate Pipeline Co.
Second Revised Volume No. 1
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Effective Date: 02/01/2000, Docket: RP00-165-000, Status: Effective
Original Sheet No. 358G Original Sheet No. 358G : Effective
GENERAL TERMS AND CONDITIONS (Continued)
39. TRANSITION COST RECOVERY MECHANISMS (Continued)
39.3.4.6 Obligation to Pay. Any Applicable Firm
Shipper liable for charges under this Section 39.3.4 as
a result of filings submitted to FERC after the
effectiveness of this Section 39.3.4 shall not be
relieved of its obligation under this Section 39.3.4 in
the event that the Service Agreement between Shipper
and Transporter has its term reduced for any reason,
except by mutual agreement of the parties, including,
but not limited to, cancellation and abandonment of
service, a change in corporate identity or bankruptcy.
In such event, Transporter shall, at Applicable Firm
Shipper's option, either (a) bill Applicable Firm
Shipper, within forty-five (45) days after the
effectiveness of such reduced term, a one-time charge
for the full amount of the reservation charge surcharge
which would have been billed to Applicable Firm Shipper
under the original Service Agreement, or (b) continue
billing the reservation charge surcharge to Applicable
Firm Shipper or, if appropriate, Applicable Firm
Shipper's successor in interest, during the remainder
of the term of the original Service Agreement
(including under its new corporate identity, if any,
and/or under Applicable Firm Shipper's new Rate
Schedule, if any, or in any other manner allowable).
When termination of the Service Agreement before its
effective termination date is by mutual agreement of
the parties, the treatment of unpaid reservation charge
surcharge amounts shall be a matter of negotiation
between Transporter and Shipper. Applicable Firm
Shipper shall remain obligated to pay any additional
charges for GSR Costs resulting from future filings
permitted under law to recover these costs.
Transporter reserves the right to reallocate among its
remaining Applicable Firm Shippers to whom the
reservation charge surcharge provisions of this Section
39.3.4 are applicable, all reservation charge
surcharges in the event any Applicable Firm Shipper is
relieved of its obligation to pay its otherwise
applicable reservation charge surcharges by a FERC or
court order.