Cimarron River Pipeline, LLC

Original Volume No. 1

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Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective

Original Sheet No. 336 Original Sheet No. 336

 

GENERAL TERMS AND CONDITIONS

 

25. CREDITING MECHANISM

 

(a) Transporter shall refund unauthorized overrun and OFO penalty

revenues net of costs, plus interest pursuant to Section 154.501 of the Code

of Federal Regulations, to non-offending Shippers on an annual basis, based

on the penalty revenues collected during the previous calendar year. The

collected penalty revenues, net of costs, shall be allocated to non-

offending Shippers monthly, based upon each non-offending Shipper's

allocated volume.

 

(b) Transporter shall flow through to Shippers or carry forward for

each annual billing period any excess of revenues (including all Imbalance

Penalties) received over costs incurred under the cash-out provisions in

Section 13.3. The annual rate adjustment period shall be the 12 month

period commencing each May 1, and ending the following April 30. If the net

revenues received exceed the costs incurred, then Transporter shall credit

the excess plus applicable interest pursuant to Section 154.501 of the Code

of Federal Regulations to Shippers on a pro rata basis based on the volumes

transported for each Shipper. If the net revenues are less than the costs

incurred, Transporter shall carry forward the net under-recoveries to the

subsequent annual billing period.

 

(c) Pursuant to Section 154.501 of the Code of Federal Regulations,

Transporter will submit a report to the Commission within 30 days of when

the credits identified above are refunded to the Shippers.

 

 

26. RATE/TARIFF CHANGES

 

This Tariff, including these General Terms and Conditions, and the

respective obligations of the parties under any TSA are subject to valid

laws, orders, rules and regulations of duly constituted authorities having

jurisdiction, and are subject to change from time to time by addition,

amendment, or substitution as provided by law.

 

 

27. DISCOUNTING

 

Subject to the Tariff limitations and subject to applicable minimum and

maximum rates, any discounting of rates shall be done in the following

order:

 

1. Base Tariff rates.

2. Applicable surcharges.