Energy West Development, Inc.

Original Volume No. 1

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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective

Second Revised Sheet No. 41 Second Revised Sheet No. 41

Superseding: First Revised Sheet No. 41

 

General Terms and Conditions

 

 

(b) Delivery Point Scheduling. If on any day Shipper takes delivery of a

quantity of Gas from Transporter at any Delivery Point which exceeds or

falls short of the Scheduled Equivalent Quantity for such Delivery Point by

the greater of ten percent or 400 Dth, then for all quantities in excess of

or which fall short of the Scheduled Equivalent Quantity by more than the

greater of ten percent or 400 Dth of the Scheduled Equivalent Quantity for

such Delivery Point, Shipper shall pay Transporter a penalty equal to the

maximum IT Rate Schedule rate.

 

(c) On any day on which Shipper may be liable for Scheduling Penalties under

both Sections 6.2(a) and 6.2(b) of the General Terms and Conditions of this

Tariff, Transporter shall impose on Shipper only the greater of the two

penalties.

 

6.3 Balancing Penalty.

 

(a) Daily Balancing. If on any day Shipper delivers to Transporter Input

Quantities at the Receipt Point(s) which (after adjustment for the L & U

Percentage) are in excess of or deficient by the greater of 1,000 Dth or ten

percent of the Equivalent Quantities taken by Shipper at the Delivery

Point(s), Transporter shall provide Shipper 48 hours notification, or such

lesser period of time as reasonably required by Transporter to protect the

integrity of its system, to initiate corrective action. In the event

Shipper fails to agree upon the appropriate corrective action to be

implemented with Transporter or fails to initiate the corrective action

mutually agreed upon by Shipper and Transporter within the period provided,

Transporter shall charge Shipper a penalty equal to the maximum applicable

rate under the IT Rate Schedule per Dth for any receipts which are in excess

of or deficient by the greater of ten percent or 1,000 Dth of deliveries

after the time at which corrective action was to have taken effect.

 

(b) Monthly Balancing. At least seven days prior to the end of each Month

Transporter will notify Shipper if it appears that Input Quantities will be

in excess of or deficient of the quantities taken by Shipper at all Delivery

Points. In the event Shipper fails to agree upon the appropriate corrective

action to be implemented with Transporter within five Business Days after

notification, or fails to carry out the corrective action agreed upon within

the agreed upon time frame, Transporter shall charge Shipper a penalty equal

to the maximum applicable rate under the IT Rate Schedule per Dth for any

excess of deliveries over receipts that has not been made up, and

Transporter shall retain any excess of receipts over deliveries that has not

been made up.

 

Imbalances for any Month that become apparent after the time for notice has

expired shall be considered as an imbalance for the Month following the

Month in which the imbalance became apparent.

 

6.4 Overrun Penalty. If on any day Shipper takes delivery of a quantity of Gas from

Transporter at any Delivery Point which exceeds Shipper's Maximum Equivalent

Quantity at such Delivery Point by two percent, then Shipper shall pay to

Transporter $2.50 for each Dth up to 50 Dth in excess of the applicable Maximum

Equivalent Quantity, and $25.00 per Dth for any additional quantity of Unauthorized

Daily Overrun taken by Shipper at such Delivery Point.