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