Black Marlin Pipeline Company
First Revised Volume No. 1
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Effective Date: 11/01/2002, Docket: RP02-568-000, Status: Effective
Original Sheet No. 222 Original Sheet No. 222 : Effective
(k) notice of interruption or curtailment of scheduled quantities and other
information about the status of any situations that may threaten the operation
or integrity of the Transporter's system;
(l) the rate of discounting to be used for determining discounted cash flows;
(m) Transporter's tariff;
(n) Transporter's index of customers; and
(o) any other information or notices required to be posted by the FERC or
necessary for Transporter and Shipper to arrange for transportation.
20.5 Disclaimer. Transporter will not be liable for any damages caused by the
incompleteness or inaccuracy of any information posted to Transporter's Internet
web site except to the extent such inaccuracy or incompleteness is shown to be the
result of gross negligence or willful misconduct of Transporter. Transporter will
not be liable for errors in any subsequent re-posting by a third-party vendor.
20.6 Record Retention. Transactional data will be retained by Transporter for at least
three (3) years for audit purposes.
21. Imbalances
21.1 Netting and Trading of Imbalances
Following the issuance of actual imbalance data for a month, a Shipper or its agent
may net the Shipper's imbalance across the Shipper's own service agreements with
Transporter or trade imbalances with other Shippers, subject to the conditions of
this Section 21. A Shipper that desires to trade imbalances with other Shippers
may have a notice posted on Transporter's Internet website by requesting such
posting by 9:00 a.m. on the working day following the working day on which the
actual imbalance data is issued. Shippers must notify Transporter of any trades
Shipper has made with other Shippers as well as netting across its own service
agreements by 5:00 p.m. on the working day on which the request to Transporter was
made. Transporter will recognize a trade of imbalances only if each party to the
trade timely notifies Transporter of the trade, the identity of the Shipper(s) with
whom the trade was made, the relevant service agreement numbers for each Shipper
involved in the trade and the imbalance quantities traded and if Transporter is
able to confirm that the information results in a match and the trade is permitted
hereunder. Netting and trading will be limited to imbalances occurring between the
same receipt and delivery points. Except to the extent a Shipper has entered into
an Operational Balancing Agreement (OBA) with Transporter, any imbalances that have
not been netted or traded by the time specified for notifying Transporter of such
netting and trading will be cashed-out by Transporter within two working days
thereafter as provided in Section 21.2 below.