Transcolorado Gas Transmission Company LLC
Second Revised Volume No. 1
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Effective Date: 12/28/2007, Docket: RP08-167-000, Status: Effective
Original Sheet No. 240 Original Sheet No. 240 : Effective
GENERAL TERMS AND CONDITIONS
6. CAPACITY RELEASE BY FIRM SHIPPERS (Continued)
(b) A Releasing Shipper shall be billed the reservation charge
associated with the entire amount of released capacity pursuant to its
contract rate, which includes all non-usage based charges under
TransColorado's Tariff for such released capacity including but not limited to
additional direct-bill charges, with a concurrent conditional credit for
payment of the reservation charge due from the Replacement or Subreplacement
Shipper(s), as applicable, which received the released capacity. Releasing
Shipper shall also be billed a marketing fee, if applicable. As to any
capacity released by a Releasing Shipper, the Releasing Shipper shall not be
billed or be responsible for: (i) usage charges; and (ii) add-on charges and
surcharges applicable to TransColorado's usage rates under TransColorado's
Tariff such as ACA and Fuel Reimbursement, which are incurred by a Replacement
Shipper or Subreplacement Shipper which received the released capacity.
(c) If a Replacement Shipper or Subreplacement Shipper does not
make payment to TransColorado of the reservation portion of the charges due as
set forth in its Released Firm Transportation Agreement, TransColorado shall
bill the Releasing Shipper(s) from whom such Replacement or Subreplacement
Shipper received the capacity for the amount(s) due, including all applicable
late charges authorized by TransColorado's Tariff, and such amount shall be
paid by such Releasing Shipper within ten (10) days of the receipt of such
billing, or interest shall continue to accrue. In the event that the
Replacement or Subreplacement Shipper has not paid such amount(s) due by the
end of such ten (10) day period, then: (i) the Releasing Shipper has the
right to recall the capacity; and (ii) TransColorado's rights against the
delinquent Replacement/Subreplacement Shipper shall be subrogated to the
related rights of the Releasing Shipper. TransColorado shall make a
reasonable effort to collect from the Replacement/Subreplacement Shipper the
amount(s) due. Such reasonable effort shall not include incurring costs from
outside attorneys, collection agents or other third parties.
(d) All payments received from a Replacement or Subreplacement
Shipper shall first be applied to reservation charges, then to late charges on
reservation charges, then to late charges not on the reservation charges, and
then last to usage-based charges. Payments by Replacement or Subreplacement
Shippers in excess of the total amount(s) due for the Released Firm
Transportation Agreement capacity shall be a credit applied to any outstanding
balance owed under any contract with TransColorado, or a refund if requested
in writing and no such outstanding balance exists.