Nautilus Pipeline Company, LLC
Original Volume No. 1
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Effective Date: 04/05/2010, Docket: RP10-475-000, Status: Effective
Third Revised Sheet No. 155 Third Revised Sheet No. 155
Superseding: Second Revised Sheet No. 155
GENERAL TERMS AND CONDITIONS
15. PENALTY CREDITING
15.1 Crediting of Penalty Revenue
All penalty amounts received by Transporter, net of costs,
pursuant to Section 19.3, shall be credited to all Shippers who
had Service Agreements in effect during said Month and were not in
violation of the OFO (non-offending Shippers).
(a) The credit shall be calculated without interest to each non-
offending Shipper on a pro rata basis based on the monthly
MDTQ in effect under each of the Shipper's Service
Agreements.
(b) The credit will be reflected on each Shipper's respective
invoice within sixty (60) Days after the end of the calendar
Month any penalty was collected.
(c) Any amount collected pursuant to Section 19.3 shall be
credited only to those non-offending Shippers, and reduced
by any costs directly incurred and revenues foregone by
Transporter as a result of an OFO violation. Net revenues
credited to shippers will be penalties received less costs
directly incurred. Costs directly incurred are actual out-
of-pocket costs incurred by Transporter in response to the
emergency situation or OFO. Revenues foregone are those
revenues that would have otherwise been earned had volumes
not been curtailed as a result of an OFO violation. These
revenues are measured in relation to each affected
Shipper's respective Transportation Service Agreement and
the volumes and rates provided for therein.