East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 04/20/2008, Docket: RP08-277-000, Status: Effective
First Revised Sheet No. 592 First Revised Sheet No. 592 : Effective
Superseding: Original Sheet No. 592
BALANCING AGREEMENT
(For Use by Aggregator at Points of Delivery)
ARTICLE II
NOMINATIONS AND CONFIRMATIONS
2.1 Confirmation of Nominations - Prior to the beginning of the Month in
which service is to commence, Transporter and Balancing Party shall
confirm or cause to be confirmed the quantities nominated to be
transported by Transporter to the Delivery Point(s) commencing on the
first Day of the Month following the Confirmation. The quantities
confirmed through this process shall become the "Scheduled Quantities".
Balancing Party shall reconfirm any modification to such Confirmations
or cause such modification to be re-confirmed prior to the commencement
of the revised service. Transporter shall notify Balancing Party or
Balancing Party's designee of any problem(s) regarding the scheduling of
gas in accordance with Confirmations made hereunder within one Business
Day after such Confirmation, unless mutually agreed to otherwise.
Balancing Party shall notify Transporter or cause Transporter to be
notified of any errors in the quantities scheduled pursuant to its
Confirmation within one Business Day of receipt of such information from
Transporter. If Balancing Party fails to confirm the quantities to be
transported to any Delivery Point(s) in accordance with the above, and
such failure continues for two Business Days or more (whether or not
such Days are consecutive) after 24-hour written notice to the Balancing
Party by Transporter for each occurrence of Balancing Party's failure to
confirm, then the affected Delivery Points shall be deleted from Exhibit
A upon written notice from Transporter at the end of that calendar
month.
2.2 Allocation Based on Scheduled Quantities - The Parties intend that the
quantity actually delivered at Delivery Point(s) will equal the
Scheduled Quantities. Balancing Party shall use all reasonable efforts
to ensure that the quantities actually delivered at the Delivery
Point(s) are equal to the Scheduled Quantities. Unless prohibited by
applicable law or regulation, all transportation services by Transporter
shall be allocated each Day based upon the Scheduled Quantities or by
such other methods as may be mutually agreed to by both Parties.
2.3 Allocations of Variances - The difference on any Day between the
Scheduled Quantities set forth in Section 2.1 above and the actual
quantity delivered at the Delivery Point(s) shall be the Daily Variance
and shall be allocated to this Agreement. The difference between the
sum of the Scheduled Quantities during a calendar month and the total
actual quantity delivered at the Delivery Point(s) during the calendar
month shall be the Monthly Operational Imbalance. Any Monthly
Operational Imbalances will be corrected in accordance with Article III.
2.4 Deliveries in Excess of Daily Limit - Balancing Party may not take gas
in excess of the adjusted daily variance tolerance applicable to the
Delivery Point(s) as specified in an Operational Flow Order issued
pursuant to Section 14 of the General Terms and Conditions. Any such
takes will be treated as unauthorized overruns and shall be subject to
an Action Alert Penalty or a Balancing Alert Penalty, as applicable, in
accord with Section 14.9 of the General Terms and Conditions of
Transporter's FERC Gas Tariff.