Columbia Gulf Transmission Company
Second Revised Volume No. 1
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Effective Date: 08/01/2008, Docket: RP07-174-005, Status: Effective
Seventh Revised Sheet No. 217 Seventh Revised Sheet No. 217
Superseding: Sixth Revised Sheet No. 217
GENERAL TERMS AND CONDITIONS (Continued)
19.8 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 an assignee of, or otherwise for the benefit of Shipper, does not (i) provide the schedules, allocations,
or other data required by this Section, Section 6 (Nominating, Scheduling, and Monitoring) 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.
(d) Transporter may waive its right to collect all or any portion of the penalties assessed
against Shipper, provided that any such waiver is granted in a nondiscriminatory manner.
(e) To the extent that any imbalance or scheduling variance directly results from Shipper's
reliance on inaccurate data from Transporter, or is otherwise caused by Transporter, no penalty will be assessed
for that portion of the imbalance or scheduling variance shown by Shipper to be attributable to such inaccurate
data.
(f) Transporter will bill penalties based upon volume information available at its close of a
business month. The volume information may be subject to adjustment. Transporter will review the aggregate
impact of any such adjustments on Shipper's account for a given flow month. If the aggregate impact of
adjustments benefits Shipper, Transporter will adjust the penalty bill accordingly. If the aggregate impact of
adjustments worsens Shipper's position, Transporter will not adjust the penalty bill.
(g) Only one penalty will be assessed to a Shipper pursuant to Section 19.1 even though that
Shipper's imbalance gas may be transported through more than one zone under one or more service agreements
between Shipper and Transporter.
(h) The term "zone" is defined as:
(i) the Mainline Zone, designated as being Transporter's pipeline system from
Rayne, Louisiana to Leach, Kentucky;
(ii) the Offshore Zone, designated as being Transporter's pipeline system lying
offshore Louisiana, plus the onshore segment from Pecan Island to Egan, Louisiana; or
(iii) the Onshore Zone, designated as being Transporter's remaining pipeline system
which belongs to neither the Mainline nor Offshore Zones.
(iv) the Offsystem-Onshore Zone, designated as being those facilities identified
in Section 1.25 herein.