TransColorado Gas Transmission Company
Original Volume No. 1
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Effective Date: 05/15/2000, Docket: GT00- 25-000, Status: Effective
First Revised Sheet No. 227F First Revised Sheet No. 227F : Superseded
Superseding: Original Sheet No. 227F
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.