Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective

Original Sheet No. 89 Original Sheet No. 89 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

23. CAPACITY RELEASE (Continued)

 

23.8 Nominations. Following its selection, execution of a service

agreement and compliance with other applicable Tariff provisions,

and prior to the flow of Gas, the Replacement Customer shall be

required to make nominations pursuant to the terms and conditions

of the applicable rate schedule and the General Terms and

Conditions of this FERC Gas Tariff.

 

23.9 Billing. The Replacement Customer shall be billed and make

payments to Total Peaking in accordance with the applicable rate

schedule, other provisions of this FERC Gas Tariff and of its

service agreement incorporating its bid terms. Unless Total

Peaking otherwise agrees, the Replacement Customer shall pay or

be liable for the applicable charges (plus all applicable

surcharges, Fuel Reimbursement, taxes, penalties, etc.)

applicable under the relevant rate schedule attributable to its

usage of the released capacity. Total Peaking shall continue to

bill the Releasing Customer all applicable charges under its

existing service agreement, excluding usage charges (plus all

applicable surcharges, Fuel Reimbursement, taxes, penalties,

etc.) billed to the Replacement Customer and attributable to its

usage of the released capacity. Invoices sent to the Releasing

Customer shall reflect a credit equal to any reservation charges

(plus all surcharges applicable thereto) being billed to the

Replacement Customer for the released capacity rights, or as

otherwise agreed. If the Replacement Customer fails to pay when

due all or part of the amounts credited to the Releasing

Customer, Total Peaking shall pursue payment from the Replacement

Customer by notifying such Customer by registered letter, return

receipt requested, that it has five Days from receipt of such

letter to pay the amount due including any applicable interest.

If the Replacement Customer fails to pay such amount by the end

of the fifth Day, Total Peaking shall reverse the credit and bill

the Releasing Customer for such past due amounts, plus applicable

interest.