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.