Bluewater Gas Storage, LLC
Original Volume No. 1
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Effective Date: 12/01/2006, Docket: CP06-351-001, Status: Effective
Original Sheet No. 133 Original Sheet No. 133 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
(h) Termination of an Action Alert or OFO: BLUEWATER shall lift
any effective Action Alert or OFO promptly upon the cessation of
operating conditions that caused the relevant system problem. After
BLUEWATER has lifted the Action Alert or the OFO, BLUEWATER shall
post a notice on its Internet Web Site specifying the factors that
caused the Action Alert or OFO to be issued and then lifted, to the
extent such factors are known. BLUEWATER shall also provide such
notification via e-mail communication to those Customers who have
submitted a request, and provided e-mail address information for at
least one contact person, via BLUEWATER's Internet Web Site to
receive e-mail notification of Critical Notices issued by BLUEWATER.
(i) Penalties: All quantities tendered to BLUEWATER
and/or taken by Customer on a daily basis in violation of an Action
Alert or OFO shall constitute unauthorized receipts or deliveries
for which the applicable Action Alert or OFO penalty charge stated
below shall be assessed.
(l) Action Alert penalty charge for each Dekatherm of
Gas by which Customer deviated from the requirements of
the Action Alert shall be equal to an Action Alert
Index Price, calculated as 110% of the applicable daily
Gas Daily posting for the MichCon City Gate Price for
the Day on which the deviation occurred, multiplied by
the quantity by which the Customer deviated from the
requirements of the Action Alert.
(2) OFO penalty charge for each Dekatherm of Gas by
which Customer deviated from the requirements of the
OFO shall be equal to an OFO Index Price, calculated as
three (3) times the applicable daily Gas Daily posting
for the MichCon City Gate Price for the Day on which
the deviation occurred, multiplied by the quantity by
which the Customer deviated from the requirements of
the OFO.
Any penalty revenue collected by BLUEWATER pursuant to this Section
5.5(i) shall be credited to those firm and Interruptible Customers
that did not incur Action Alert or OFO penalties pursuant to this
Section 5.5(i) in the Month for which Action Alert or OFO penalty
revenues were received ("Non-Offending Customers"), based on the
ratio of the total charges paid during that Month by the Non-
Offending Customer to the sum of the total charges paid during that
Month by all Non-Offending Customers. Such credits shall be
calculated for each Month of the twelve (12) Month period ending
July 31 of each year, and will be included on the Non-Offending
Customer's invoice for the Month following the date of the final
Commission order approving BLUEWATER's penalty disbursement report;
provided, however, that BLUEWATER will calculate and include such
credits on Non-Offending Customer's invoices for a period shorter
than twelve Months in the event and to the extent that the total
accumulated amount of Action Alert or OFO penalty revenue collected
pursuant to this Section 5.5(i) by BLUEWATER as of the end of any
Month exceeds $1,000,000. BLUEWATER will file with the Commission a
penalty disbursement report within sixty days of July 31 or sixty
days after the end of the Month for which revenue collected exceeds
$1,000,000. Any penalty revenue credited to Non-Offending Customers
pursuant to this Section shall include interest calculated in
accordance with Section 154.501(d) of the Commission's regulations.