East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 08/02/2010, Docket: RP10-946-000, Status: Effective
Second Revised Sheet No. 397 Second Revised Sheet No. 397
Superseding: First Revised Sheet No. 397
GENERAL TERMS AND CONDITIONS (Continued)
47. PENALTIES AND PENALTY CREDITING MECHANISM (continued)
47.3 Balances Remaining Upon PAL Contract Termination
In the event that Shipper's PAL service transaction expires or is
terminated and Shipper does not eliminate the quantities of gas in
Shipper's PAL account utilizing any of the options specified in
Section 11 of Rate Schedule PAL, Shipper shall pay Transporter a
PAL Penalty Charge equal to the daily PAL maximum rate, set forth
on the Notice of Rates and Other Tariff Rate Changes multiplied by
the quantities of gas in Shipper's PAL account (inclusive of
quantities subject to Park Service and quantities subject to Loan
Service) for each Day that quantities of gas remain in Shipper's
PAL account, beginning on the Day after the expiration or
termination and ending on the earlier of (i) the resolution of the
imbalance, or (ii) the last Day of the Month in which the
expiration or termination occurred.
Transporter shall credit the penalty revenue received pursuant to
this Section 47.3, net of costs, to all other Shippers holding a
PAL service agreement ("Qualifying PAL Shipper") based on the
ratio of the total charges paid by each Qualifying PAL Shipper for
PAL service to the total amount of such charges paid by all
Qualifying PAL Shippers during the Month in which the penalty
revenues were received.
Any credits required by this Section 47.3 shall be made within 90
days following each anniversary of the Implementation Date.
47.4 Deliveries in Excess of Daily Limit
In the event that Transporter receives penalty revenue from an
LMS-PA Balancing Party pursuant to Section 5 of Rate Schedule
LMS-PA, such penalty revenue will be credited, net of costs, to
any Balancing Party under Rate Schedule LMS-PA that did not incur
penalties pursuant to Section 5 of Rate Schedule LMS-PA in the
Month for which penalty revenues were received ("Non-Offending
LMS-PA Balancing Party") based on the ratio of the actual
quantities delivered by the Non-Offending LMS-PA Balancing Party
to the actual quantities delivered by all Non-Offending LMS-PA
Balancing Parties.
Any credits required by this Section 47.4 shall be made within 90
days following each anniversary of the Implementation Date.