El Paso Natural Gas Company
First Revised Volume No. 1-A
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Effective Date: 10/01/1993, Docket: RS92- 60-016, Status: Effective
1st Rev Sub Second Revised Sheet No. 233 1st Rev Sub Second Revised Sheet No. 233 : Superseded
Superseding: First Revised Sheet No. 233
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
19. OPERATING PROVISIONS FOR INTERRUPTIBLE TRANSPORTATION SERVICE
(Continued)
19.12 Resolution of Imbalances (Continued)
the arithmetic average of the System Weighted Index Price
for each quarter of the twelve (12) months ending
December 31, 1992 (the System Weighted Index Price for
each quarter shall be based on the method set forth in
Section 19.12(e)(i) below); or (ii) for any remaining
imbalances where receipts exceed deliveries ("positive
imbalance") retain the imbalance at no cost and free and
clear of any adverse claims by any party or any
obligation to account for such gas; provided however,
that in the event of a bona fide dispute by Shipper of
the amount of the imbalance, El Paso shall not take the
action outlined above when Shipper acts in a timely
manner to provide additional information and security for
El Paso in accordance with the following procedures.
(i) Identify Dispute: Within fifteen (15) days after
El Paso's notification of an imbalance, Shipper
shall notify El Paso by written correspondence of
the imbalance that is in bona fide dispute and of
all reasons and documentation why Shipper believes
El Paso's calculation of the imbalance is not
correct; and
(ii) Payment Security: Within thirty (30) days after
El Paso's notification of an imbalance, Shipper
shall either agree to the imbalance calculated by
El Paso without prejudice to Shipper's rights to
dispute all or part of said imbalance and subject to
return of the disputed imbalance so identified after
resolution of that dispute or Shipper shall take the
necessary actions to correct the imbalances it
concedes to be correct and furnish good and
sufficient surety bond, guaranteeing the correction
of any imbalance ultimately found owed to El Paso
after resolution of the dispute, including late
payment charges which accrue until resolution of the
dispute with respect to any negative imbalances,
which resolution may be reached either by agreement
or judgment of a court of competent jurisdiction.
If resolution of the dispute is in favor of Shipper
and the Shipper furnished a surety bond then El Paso