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1st Rev Sub Original Sheet No. 240I 1st Rev Sub Original Sheet No. 240I : Superseded
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
20. OPERATING PROVISIONS FOR FIRM TRANSPORTATION SERVICE (Continued)
20.12 Unauthorized Overpull Penalty (Continued)
to exist. Such notice does not constitute notification
of a new penalty period pursuant to this Section 20.12(d)
and does not begin a new twenty-four (24) hour correction
period.
(e) El Paso shall establish an Unauthorized Overpull Penalty
account for each month that El Paso receives such penalty
payments for the benefit of all qualified Shippers as
provided below:
(i) A qualified Shipper is defined as a Shipper that did
not receive its scheduled volumes due to El Paso's
inability, for any reason, to make such deliveries
on days when El Paso has provided notice that an
Unauthorized Overpull Penalty situation exists, as
defined in Section 20.12(a) above.
(ii) Payments for Unauthorized Overpull Penalties shall
be credited to the Unauthorized Overpull Penalty
account. The disposition of the total dollars paid
unconditionally to El Paso in any month, as
determined in (iii) below, shall be made on a
quarterly basis as determined in (iv) below.
(iii) The Unauthorized Overpull Penalty amounts
attributable to each day shall be allocated on a pro
rata basis to all qualified Shippers that receive
less than their scheduled quantities of gas on that
day.
(iv) Each qualified Shipper shall be entitled to receive
their share of the Unauthorized Overpull Penalty
account determined in accordance with (iii) above as
a credit adjustment to the transportation service
invoice rendered by El Paso in any month in the
following calendar quarter after the penalty payment
is received by El Paso.