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. 588 Second Revised Sheet No. 588

Superseding: First Revised Sheet No. 588

 

GENERAL TERMS AND CONDITIONS

(continued)

 

30. OPERATIONAL BALANCING AGREEMENTS (continued)

 

30.5 Recordkeeping. Algonquin shall maintain records of volumes and amounts paid pursuant

to Operational Balancing Agreements entered into under this Section 30. Such records

shall be available for review.

 

30.6 Determination of Deliveries. Deliveries to shippers at points covered by Operational

Balancing Agreements entered into under this Section 30 shall be determined in

accordance with Section 28.2(a).

 

31. UNAUTHORIZED CONTRACT OVERRUN GAS

 

31.1 Unauthorized Contract Overrun Gas Defined.

 

(a) If, during any Hour, the total quantity of gas taken by Customer from Algonquin

at all Point(s) of Delivery under any Service Agreement exceeds Customer's MHTQ

under such Service Agreement during such Hour, and Algonquin has posted notice on

the LINK® System and its Internet Web Site that system operating conditions

require adherence to Customers' MHTQs in order to enable deliveries of scheduled

quantities to firm Customers, then all such gas taken in excess of such

entitlement shall constitute Unauthorized Contract Overrun Gas. Algonquin shall

confirm an electronic notice by telephone or facsimile one hour prior to taking

action pursuant to Section 31.1(a).

 

(b) If, on any Day, the total quantity of gas taken by Customer from Algonquin at all

Point(s) of Delivery under any Service Agreement exceeds Customer's MDTQ under

such Service Agreement on such Day, and Algonquin has not authorized such excess

quantity, then all such gas taken in excess of such entitlement shall constitute

Unauthorized Contract Overrun Gas. In the event Customer takes Unauthorized

Contract Overrun Gas and such Unauthorized Contract Overrun Gas did not threaten

system integrity or deliveries to firm Customers, such Unauthorized Contract

Overrun Gas shall be deemed for purposes of the applicable rate schedules and

these General Terms and Conditions to be "Authorized Overrun Gas".

 

31.2 Penalty Payment. In the event that Customer takes Unauthorized Contract Overrun Gas

and such Unauthorized Contract Overrun Gas threatens system integrity or deliveries to

firm shippers, Customer shall pay Algonquin an unauthorized contract overrun 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 for all Unauthorized

Contract Overrun Gas as defined in Section 31.1 above, subject only to the waiver

provisions set forth in Section 31.3 below, in addition to the amounts otherwise

payable by Customer to Algonquin under Algonquin's applicable rate schedules and these

General Terms and Conditions.