Dominion Transmission, Inc.
Third Revised Volume No. 1
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Effective Date: 09/01/2004, Docket: RP04-433-000, Status: Effective
Second Revised Sheet No. 1502 Second Revised Sheet No. 1502 : Effective
Superseding: First Revised Sheet No. 1502
GENERAL TERMS AND CONDITIONS
Crediting of Unauthorized Overrun Charge and Penalty Revenues
41. Crediting of Unauthorized Overrun Charge and Penalty Revenues
A. Pipeline shall credit each month a subaccount of Account No.
254 by the unauthorized overrun charges and penalty revenues, net
of Related Costs, received by Pipeline from its Customers. The
monthly unauthorized overrun charge and penalty revenues booked
into the subaccount shall be identified by Customer so that
Pipeline can determine the identity of Offending and Non-
Offending Customers. On June 30 of each year, Pipeline shall
credit the March 31 balance of the subaccount, including
Interest, to the appropriate Customers by means of a cash payment
via check or wire transfer. Where a credit amount due to any
Customer is less than $10,000, Pipeline shall have the option to
provide the amount by means of a credit to Customer's bill, which
shall be separately identified as such a credit.
B. Pipeline shall allocate unauthorized overrun and penalty
revenues received each month from transportation customers among
eligible Non-Offending Customers in proportion to transportation
reservation revenues received. Pipeline shall allocate the
unauthorized overrun and penalty revenues received each month
from storage customers attributable to capacity or inventory
overruns among eligible Non-Offending Customers in proportion to
storage capacity revenues received. Pipeline shall allocate the
unauthorized overrun and penalty revenues received each month
from storage customers attributable to withdrawal overruns among
eligible Non-Offending Customers in proportion to storage demand.
C. Within 30 days of the annual crediting of the amounts
required under this section, Pipeline shall file a report with
the Commission setting forth, by month, the amount of
unauthorized overrun and penalty revenues received from Offending
Customers, Related Costs that Pipeline netted against such
revenues and the unauthorized overrun and penalty revenues
allocated to each Non-Offending Customer. The report shall
detail the nature of Related Costs and the nexus between the
incurrence of Related Costs and the unauthorized overrun or
action that resulted in a penalty. To the extent that the
Commission finds that Pipeline has not demonstrated that the
"Related Costs" reported by Pipeline qualify as such under the
definition set forth in Section 41.E.1. below or that Pipeline
has not demonstrated that such costs were reasonably incurred
under the circumstances, Pipeline shall return any such amounts
to the relevant subaccount with interest.
D. Nothing in this Section 41 shall require Pipeline to refund
or credit either (1) the amounts identified as "To Be Retained By
DTI" on Sheet No. 39 of this Tariff or (2) the fuel gas retained
"in kind," in connection with an unauthorized overrun or penalty.
E. The following definitions shall apply to this Section 41:
1. "Related Costs" are all out-of-pocket costs incurred as a
direct result of an Offending Customer's unauthorized overrun,
failure to abide by an OFO, or other misconduct, to the extent
that Pipeline demonstrates that the costs are not already
recovered in rates.
2. "Non-Offending Customers" are Customers under firm service
Rate Schedules that were not assessed an Unauthorized Overrun
Service Charge or penalty by Pipeline in the applicable month.
3. "Offending Customers" are Customers that were assessed an
Unauthorized Overrun Service Charge or penalty by Pipeline in the
applicable month.