B-R Pipeline Company
Original Volume No. 1
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Effective Date: 05/01/2004, Docket: RP04-224-000, Status: Effective
Original Sheet No. 77 Original Sheet No. 77 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
14. DETERMINATION OF DELIVERIES AND IMBALANCES (Continued)
14.6 Penalty Revenue Crediting. One hundred percent (100%) of all
penalty revenues received by Transporter during any applicable month
will be credited to firm and interruptible transportation customers
(collectively, "Specified Customers". Such credits will be allocated
to Specified Customers except each penalty revenue credit applicable
to unauthorized overrun or underrun penalties shall be allocated only
to those customers who were not assessed an unauthorized overrun or
underrun penalty within the month for which such penalty revenues are to
be credited. The penalty revenue credits will be allocated to the Specified
Customers pro rata in proportion to revenue (total revenue, net of credits from
capacity releases as described in Section 20 of the General Terms and Conditions,
less all surcharges) received by Transporter from each and all of the Specified
Customers for each applicable month. Such penalty revenue credits shall be
reflected as a credit billing adjustment to each March billing for credits accrued
during the prior calendar year. In the event that such credit billing adjustments
would result in a credit total invoice to any Specified Customer,
Transporter will refund the credit billing adjustment to the Specified Customer by
check within 30 days after determination of the amount of the credit due to the
Specified Customer.
14.7 Shipper Imbalances. At the time Transporter notifies Shippers of
daily confirmations, Transporter will also notify Shippers of any
imbalance resulting from the differences between upstream and downstream
confirmations when either the upstream confirmation and/or downstream
confirmation is for a nomination with an interconnecting pipeline
("Shipper Imbalances").
If a Shipper's cumulative monthly Shipper Imbalance is more than
500 Dth or 2 percent, above or below total confirmed nominations for
the month, whichever is greater, the Shipper will have exceeded allowed
tolerances. A Shipper will then have 15 non-entitlement days from
the date of Transporter's invoice showing a Shipper Imbalance in excess
of allowed tolerances to eliminate such excess imbalance; otherwise,
Shipper will be subject to a Shipper Imbalance penalty as described in
Section 14.10. This Shipper Imbalance penalty shall only be applied when
Transporter's system integrity is imperiled and Shipper has been given
notice of such system imperilment. The 15-day period will be extended
proportionately if, and to the extent that, Shipper's failure to eliminate
its excess imbalance is caused by Transporter's inability, due to operating
or