Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 11/30/2009, Docket: RP10-77-000, Status: Effective

Second Revised Sheet No. 571 Second Revised Sheet No. 571

Superseding: First Revised Sheet No. 571

 

GENERAL TERMS AND CONDITIONS

(continued)

 

24. CURTAILMENT (continued)

 

24.7 Compensation. If Algonquin is requested to invoke Section 24.6, then the requesting

Customer's bill for such Month shall be adjusted upward by an amount equal to the

aggregate curtailment adjustment quantity requested by the Customer pursuant to Section

24.6 multiplied by the reservation charge for the applicable rate schedule multiplied

by .0329. All revenues attributable to such adjustment shall be credited, on a pro

rata basis, based on each Customer's additional curtailment quantity due to the

Emergency Situation divided by the aggregate of all Customers' additional curtailment

quantity due to the Emergency Situation, to those Customers curtailed to a lower

quantity as a result of the Emergency Situation.

 

24.8 Violation of Curtailment Orders. All quantities taken by Customer in violation of

Algonquin's curtailment orders shall constitute unauthorized receipts or deliveries for

which a curtailment penalty equal to three times the daily Gas Daily posting for the

High Common price for the "AGT Citygate" posting per Dth on the Day the violation

occurred shall be assessed. On any Day that Customer may be liable for scheduling

penalties under Section 23 for the same quantities subject to a penalty charge under

this Section 24.6, Algonquin shall impose on Customer only the greater of the two

penalties. Algonquin will provide Customer notice of such curtailment orders and

Customer shall be permitted one Hour, or such lesser time as is required to prevent the

impairment of reliable service on the system, to reduce its tenders, takes or both in

compliance with the curtailment orders. If Customer adjusts its tenders or takes

within such notice period then no charge, as provided for herein, shall be assessed.

 

Any penalty revenue collected by Algonquin pursuant to this Section 24.8 will be

credited to those firm and interruptible Customers that did not incur penalties

pursuant to this Section 24.8 in the Month for which penalty revenues were received

("Non-offending Customers"), based on the ratio of the Reservation and Usage Charges

paid during that Month by each Non-offending Customer to the total amount of such

charges paid during that Month by all Non-offending Customers. An operator that has

executed an Operational Balancing Agreement and a transportation service agreement with

Algonquin shall be eligible to receive penalty revenue credits as a Non-offending

Customer for any Month in which the operator was not liable for penalties pursuant to

this Section 24.8 under its own transportation service agreement(s). Such credits

shall be calculated for each Month of the twelve (12) month period ending July 31 of

each year and will be included on the Non-offending Customers' invoice for the Month

following the date of the Commission order approving Algonquin's penalty disbursement

report; provided, however, that Algonquin will calculate and include such credits on

Non-offending Customers' invoices for a period shorter than twelve months in the event

and to the extent that the total accumulated amount of penalty revenue collected

pursuant to this Section 24.8 by Algonquin as of the end of any Month exceeds

$1,000,000. Algonquin will file a penalty disbursement report within sixty days of

July 31 or sixty days after the end of the Month in which the revenue collected exceeds

$1,000,000. Any penalty revenue credited to Non-offending Customers pursuant to this

section shall include interest calculated in accordance with Section 154.501(d) of the

Commission's regulations.