Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 07/06/2007, Docket: RP07-480-000, Status: Effective
First Revised Sheet No. 121 First Revised Sheet No. 121 : Effective
Superseding: Original Sheet No. 121
GENERAL TERMS AND CONDITIONS (Cont’d)
14.8 Billing.
(a) Seller, in accordance with the terms of this Tariff, shall:
(i) bill the Releasor for the full reservation charge, applicable
reservation-related surcharges and any other fixed charges for which
Releasor is otherwise obligated to Seller, less either the reservation
charge bid by Releasor's Replacement Customer or the reservation charge
portion of amounts billed to Replacement Shippers paying one-part volumetric
rates; and (ii) bill the Replacement Customer for (A) the reservation charge
bid by that Replacement Customer (except for periods during which the
Releasor has recalled the capacity), (B) all commodity charges, or all
payments under one-part volumetric rates, and any minimum volumetric
commitment agreed to but not met by the Replacement Shipper, (C) any
commodity surcharges, (D) any penalties or HSCQ balance correction costs
associated with the assigned capacity, and (E) any applicable overrun
charges, as any of these charges may change from time to time upon approval
of the Commission. For all payments received from Replacement Customer,
Seller shall allocate such payment first to the reservation charge (or to
the reservation charge components under a one-part rate) and then any
amounts above that level to the commodity charge or to the commodity charge
component under a one-part rate). Replacement Customer may, upon notice to
Seller and approval of the Releasor, appoint Releasor as its agent to
receive such billings from Seller. The charges shall be pro-rated for a
Billing Month if necessary.
(b) For all assignments of service rights, Releasor shall remain
ultimately responsible to Seller for full payment of the reservation charge,
any applicable reservation-related surcharges, and any other fixed charges
for which Releasor is otherwise obligated to Seller. If Releasor proposes a
Permanent Release of its capacity, Seller will agree to discharge the
Releasor of its obligations on a prospective basis in whole or in part
provided (i) the Replacement Customer meets the requirements in Section 9.5
of these General Terms and Conditions, (ii) Seller would be financially
indifferent, as determined by Seller in its reasonable discretion, to the
discharge if such discharge is granted, and (iii) Seller’s lenders agree to
such discharge. Until payment by Replacement Customer to Seller of any
unpaid reservation charges, any claims Releasor may have relating to those
charges shall be subordinated to those of Seller. Any reservation charge
payments made by Replacement Customer to Seller will not be withheld from
Releasor by Seller due to Replacement Customer's failure to pay Seller other
amounts owed that are unrelated to the released capacity. In the event of
termination of Releasor's Service Agreement with Seller, Replacement
Customer's Service Agreement with Seller is deemed terminated unless (1)
Replacement Customer agrees to pay Seller the currently effective maximum
rates for service under the Tariff, or (2) Seller and Replacement Customer
mutually agree upon a discounted rate or negotiated rate for service under
this Tariff; provided, however, that any Replacement Customer shall be
entitled to continued service at the contract rate between the Releasor and
Seller.