Crossroads Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/01/2001, Docket: RP02- 14-000, Status: Effective

Original Sheet No. 199 Original Sheet No. 199 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(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 the actual imbalance level.

(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 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 shown by Shipper to be attributable to such inaccurate data.

 

19.6 Penalty Crediting Mechanism.

 

(a) The purpose of this provision is to provide the mechanism by which Transporter shall credit

any "Affiliate Penalty Revenues," as defined herein, to "Unaffiliated Shippers."

 

(b) For purposes of this Section 19.6 the following definitions shall apply:

 

(i) The term "Affiliate" shall mean any corporation in which Nisource holds at least a

10% voting interest of the stock of such corporation.

 

(ii) The term "Affiliate Penalty Revenues" shall mean penalty amounts assessed and

actually collected during contract year (November 1 to October 31) from Affiliates pursuant to the

penalty provisions of this Tariff.

 

(iii) The term "Unaffiliated Shippers" shall mean Shippers, other than Shippers that are

Affiliates, under Transporter's FT-1 and IT-1 Rate Schedules.

 

(c) At the end of the contract year, Transporter shall calculate the amount of Affiliate Penalty

Revenues. Transporter shall allocate such Affiliate Penalty Revenues to the Unaffiliated Shippers based on

their actual contract year throughput under the Unaffiliated Shippers' FT-1 and IT-1 Service Agreements.

Transporter shall credit the bills of Unaffiliated Shippers that are the original capacity holders (and not

Replacement Shippers under Section 14 (Release and Assignment of Service Rights) of the General Terms and

Conditions) for such allocated amounts within 60 days of the end of the contract year.