Columbia Gas Transmission LLC

Third Revised Volume No. 1

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Effective Date: 03/03/2009, Docket: RP09-340-000, Status: Effective

Original Sheet No. 350 Original Sheet No. 350

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

 

19.6 Miscellaneous.

 

(a) All penalties and charges assessed under this Section shall be paid in addition to the

applicable transportation rates and charges, including any overrun charge.

 

(b) In the event Shipper seeks to avoid any penalty provided for in this Section on the ground that

such charge was incurred because of a force majeure event as defined at Section 15 (Force Majeure) of the

General Terms and Conditions, Shipper shall document such force majeure event to Transporter. Transporter

shall waive penalties to the extent that it determines that the imbalance or scheduling variance was caused by

a bona fide force majeure event as defined at Section 15.

 

(c) In the event Shipper, or any other individual or entity receiving or delivering gas on behalf

of, as a Replacement Shipper of, or otherwise for the benefit of Shipper, does not (i) provide the schedules,

allocations, or other data required by this Section, Section 6 (Scheduling, Nominations and Monitoring

Service) or Section 8 (Meter Allocations) of the General Terms and Conditions, or by any other provision of

this Tariff on or before the due dates scheduled by Transporter, or (ii) provide other data required by

Transporter within two business days after Transporter requests such data, Transporter shall have the right to

impose penalties based upon the data otherwise available to Transporter, without regard to actual imbalances.

Shipper shall have no right to contest the imposition of such penalties on the basis that the imbalance levels

reflected in the data available to Transporter are at variance with actual imbalance levels.