Equitrans, L. P.

Original Volume No. 1

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Effective Date: 05/16/2010, Docket: RP10-616-000, Status: Effective

Third Revised Sheet No. 251 Third Revised Sheet No. 251

Superseding: First Revised Sheet No. 251

 

GENERAL TERMS AND CONDITIONS (Continued)

 

12.4 Predetermined Allocation. When Equitrans receives or delivers

gas under more than one Service Agreement at a common receipt or

delivery point, Equitrans will rely upon any predetermined

allocation or instruction agreed to by all affected Customer(s)

in apportioning actual receipts or deliveries at that point.

Equitrans will use any methodology agreed to by all Customers at a

common point for allocating receipts or deliveries at that point,

provided that such methodology does not impact the operations of

Equitrans system. The list of allocation methodology types

agreed upon: Ranked, Pro-Rata, Percentage, Swing and Operator

Provided Value. Only one predetermined allocation methodology shall

be applied per allocation period. The types of allocation

methodologies is a list from which two parties may agree. If the

two parties cannot agree upon an allocation methodology, pro rata

based upon confirmed nominations shall be used as the default

method. The party responsible for custody transfer (the party

performing the measurement function) shall provide the allocation.

Predetermined allocations must be submitted by the Customers after

or during confirmation and prior to the start of the gas day which

the allocation will govern. Equitrans shall acknowledge the

receipt of the predetermined allocation within fifteen (15) minutes

of its receipt. Once confirmed, such allocation will govern

all transportation activity at the specified point for the

Nomination Period. No retroactive reallocation of transactions will

be made unless agreed to by Equitrans and all affected parties.

 

12.5 Disputed Allocations. The Customer must notify Equitrans of any

dispute in allocations within six (6) months of the initial month-

end allocation, with a three (3) month rebuttal period. Such time

limits shall not apply in the case of deliberate omission,

misrepresentation, or mutual mistake of fact, nor shall this

provision diminish other statutory or contractual rights of the

parties.

 

12.6 Determination of Receipts and Deliveries. Equitrans will attempt to

determine the actual imbalance ascribable to each service

agreement to the greatest extent possible. If gas

delivered by Equitrans into the facilities of any Customer is

applicable to more than one Service Agreement and Equitrans cannot

rely on an OBA or predetermined allocation or otherwise ascribe

the actual imbalance to each individual service agreement,

Equitrans will attribute the total quantities of gas delivered

among Customers pro-rata based on confirmed nominations at the