Transwestern Pipeline Company
Second Revised Volume No. 1
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Effective Date: 04/14/2003, Docket: RP03-307-000, Status: Effective
Eighth Revised Sheet No. 95H Eighth Revised Sheet No. 95H : Effective
Superseding: Substitute Seventh Revised Sheet No. 95H
GENERAL TERMS AND CONDITIONS
(continued)
e) Billing: For any releases of capacity (primary, secondary, or subsequent), Transporter shall
directly bill the Replacement Shipper the negotiated rate for the released capacity, as well
as any applicable usage charges and penalties which may be assessed on such transaction. The
Replacement Shipper shall pay such amounts directly to Transporter in accordance with the
requirements of the FTS-1, LFT, FTS-3 and EFBH Rate Schedules and Transporter shall apply such
amounts first to the reservation charge(s) due for Transportation service and then to any
reservation surcharges(s) (if applicable), including late charges related solely to such
reservation charge(s), then to any penalty due, then to usage charges, and finally to late
charges not related to any reservation charge(s) due. The Releasing Shipper will be billed for
and shall pay to Transporter any negotiated Marketing Fee plus the difference between the
Transporter's applicable rates under the Releasing Shipper's Service Agreement and the
negotiated rates billed to the Replacement Shipper, subject to Section 30.9(f). In the event
that the Replacement Shipper's as-billed rate exceeds the Releasing Shipper's applicable rate,
the difference shall, at the Releasing Shipper's discretion, either be credited by Transporter
to the Releasing Shipper's account with Transporter, or be refunded. Any amounts credited
shall be limited to reservation charge revenues received from the Replacement Shipper pursuant
to the Replacement Shipper's Service Agreement with Transporter. If a refund is elected by
the Releasing Shipper, Transporter shall make such refund by wire transfer within ten days of
its receipt of final payment from the Replacement Shipper, together with interest computed in
the manner set forth in Section 7.2 of these General Terms and Conditions.
f) Termination for Non-payment: Should Replacement Shipper not make full payment of all amounts
billed to it by Transporter within 10 days of the date of any invoice, Transporter shall
notify the Replacement Shipper in writing, with a courtesy copy to Releasing Shipper, advising
that if default continues for a thirty day period from such invoice date, the Service
Agreement may be terminated; provided however, Replacement Shipper may avoid termination by
providing Transporter with good and sufficient indemnity bond. If Replacement Shipper fails
to cure or remedy non-payment within such thirty day period, the Service Agreement between
Transporter and the Replacement Shipper may be terminated at the discretion of Transporter or
Releasing Shipper, and Releasing Shipper shall immediately be able to again release such
capacity under these procedures.