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1st Rev Sub Second Revised Sheet No. 240 1st Rev Sub Second Revised Sheet No. 240 : Superseded
Superseding: Substitute First Revised Sheet No. 240
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
20. OPERATING PROVISIONS FOR FIRM TRANSPORTATION SERVICE (Continued)
20.11 Resolution of Imbalances (Continued)
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
shall pay to Shipper the costs incurred in securing
that surety bond for this dispute including any late
payment charges actually paid to El Paso.
(b) Calculation of an Imbalance Subsequent to the
Effectiveness of this Provision - El Paso and Shippers
shall resolve an over-delivery or under-delivery of gas
to El Paso each month in accordance with this Section
20.11. Each month, El Paso will calculate a percentage