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1st Rev 1st Sub Original Sheet No. 280 1st Rev 1st Sub Original Sheet No. 280 : Superseded
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
27. UNAUTHORIZED GAS (Continued)
27.9 Challenging El Paso's Classification of Unauthorized Gas - Any
party claiming an interest in volumes of natural gas which
El Paso has determined to be Unauthorized Gas may challenge
that determination by the first day of the month following
receipt from El Paso of the notice of Unauthorized Gas. Such
challenge shall be in writing and include all documentation
upon which such party relies to substantiate its challenge.
El Paso shall hold such gas until a final determination has
been reached as to the classification of the gas in question.
If no such challenge is received by El Paso within the period
specified, then El Paso's determination that the quantities in
question were Unauthorized Gas shall be final. Upon a
determination that El Paso incorrectly classified natural gas
as unauthorized, El Paso shall correct all records and make
gas available, subject to operational conditions, within sixty
(60) days of such determination.
27.10 Accounting for Retained Unauthorized Gas and Penalties -
El Paso shall record the value of the Unauthorized Gas
retained (pursuant to Sections 27.2 and 27.6(b) of this
tariff) and the penalty payments received by El Paso (pursuant
to Section 27.6(a) of this tariff) in the appropriate revenue
account. The Unauthorized Gas volumes retained shall be
valued at the lesser of the value determined for the month the
Unauthorized Gas is retained or for the month the proceeds
from the retained Unauthorized Gas are to be credited to
eligible Shippers. The value of such retained Unauthorized
Gas shall be based on the appropriate index price for each
production basin (Anadarko, Permian or San Juan). Such
calculation shall be in accordance with Sections
20.11(e)(i)(1), (2) or (3), respectively, of this tariff.
Any Shipper who has a valid Transportation Service Agreement
providing for mainline transportation services shall be
eligible to receive a share of the value of the Unauthorized
Gas volumes retained (less production area charges and other
burdens, if any) and penalty payments received by El Paso.
The Shipper's share shall be credited to the monthly
transportation service invoice rendered by El Paso not later
than 90 days after the month of retention or payment of the
penalty. El Paso shall credit each Shipper in proportion to
the mainline charges billed to that Shipper less conditional
credits pursuant to Section 28.18 of this tariff to the
mainline charges billed to all Shippers in the month of
crediting less such conditional credits.