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.