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1st Rev Sub First Revised Sheet No. 240A 1st Rev Sub First Revised Sheet No. 240A : Superseded
Superseding: Substitute Original Sheet No. 240A
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
20. OPERATING PROVISIONS FOR FIRM TRANSPORTATION SERVICE (Continued)
20.11 Resolution of Imbalances (Continued)
imbalance for each individual contract for each Shipper
by dividing the total cumulative imbalance quantities in
excess of 1,000 dth, attributable to the imbalance amount
for such contract (numerator) by Shipper's Transportation
Contract Demand multiplied by 30 days (denominator) or,
with respect to those Shippers with an executed
Transportation Service Agreement which requires the
delivery by El Paso of "Full Requirements," the average
non-coincidental three (3) day peak over the most recent
five (5) year period multiplied by 30 days
(denominator). The result of such calculation will be
included on El Paso's imbalance statement to Shipper, or
its designee, and shall serve as notification to the
Shipper of an imbalance. If an imbalance is equal to or
greater than +/-5%, the Shipper is provided additional
notice on said statement that if such imbalance continues
and becomes equal to or greater than +/-10%, the Shipper
is subject to cash-out of the imbalance pursuant to this
Section 20.11; provided, however, that in no event shall
cash-out be assessed when the amount of the imbalance
does not exceed 1,000 dth, unless the parties mutually
agree otherwise; provided, further, if it is determined
that El Paso has caused in any month an imbalance equal
to or greater than +/- 10% of the denominator determined
above, El Paso will cash-out that portion of the
imbalance at 100% of the Index Price. In addition,
cash-out of imbalances will not be mandatory if the
parties have reached written agreement on the resolution
of the imbalance provided such agreement is final prior
to the triggering of cash-out as specified in Section
20.11(c) below. Written agreements may consist of, but
are not limited to the following provisions
(i) offsetting of imbalances; (ii) extension of a payback
period within a set time period; and (iii) negotiated
price other than the cash-out prices reflected herein.
(c) Triggering of Cash-Out - Except for those contracts
without activity for a period of six (6) months, as
discussed in Section 20.11(d), any cumulative imbalance
at the end of any month that is within a tolerance level
less than +/-5% shall not be subject to this Section
20.11 during such month. Such imbalance shall be