Gulf Crossing Pipeline Company LLC
Original Volume No. 1
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Effective Date: 12/20/2008, Docket: RP09-61-000, Status: Effective
Original Sheet No. 1200 Original Sheet No. 1200
GENERAL TERMS AND CONDITIONS
Section 19
19. PENALTIES
19.1 OFO Penalty - In the event Gulf Crossing issues an Operational
Flow Order pursuant to Section 18.4 of these General Terms and
Conditions, and Customer tenders and/or takes quantities in
violation of such Operational Flow Order by more than 3%, Gulf
Crossing shall assess against Customer, on a daily basis, a
penalty, as provided below based upon the Penalty Price per
Dekatherm which is tendered or taken by Customer in violation of
such Operational Flow Order. The "Penalty Price" as used herein
is the price as published in Gas Daily, Daily Price Survey, under
the headings Mississippi-Alabama, Transco, Zone 4 (Midpoint), for
the Day in which the applicable penalty was in effect or the
average of the price in effect for the Day immediately before and
the Day immediately after any Day or Days where Penalty Price is
not published. Should this publication cease to exist in its
current form, then Gulf Crossing will choose a comparable
published price for use.
(a) In the event Gulf Crossing issues an OFO pursuant to
Section 18.4 of these General Terms and Conditions and a
Customer takes quantities in violation of such OFO, Gulf
Crossing shall assess against Customer, on a daily basis,
the applicable penalty as follows:
(i) A penalty of three (3) times the Penalty Price per
Dekatherm for tenders and/or takes in violation of an
OFO greater than 3% but less than or equal to 5% of
scheduled quantities.
(ii) A penalty of five (5) times the Penalty Price per
Dekatherm for tenders and/or takes in violation of an
OFO greater than 5% of scheduled quantities.