Southeast Supply Header, LLC
Original Volume No. 1
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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective
Original Sheet No. 243 Original Sheet No. 243
GENERAL TERMS AND CONDITIONS
(CONTINUED)
7. DETERMINATION OF DAILY ALLOCATED RECEIPTS AND DELIVERIES (continued)
7.3 Trespass Gas. Gas that is received by Transporter during a
Service Month at a Receipt Point for which there is no valid
nomination shall be considered Trespass Gas. If Transporter
receives Trespass Gas during a Service Month, it shall post such
fact on the LINK® System, including the location and quantity of
such Trespass Gas, for a period of thirty (30) Days after the end
of the Service Month. The owner of such Trespass Gas may claim
such Gas by informing Transporter in writing of such fact and by
having the ownership verified by the Operator of the facilities
upstream of the Receipt Point. Upon receiving a valid claim of
ownership, Transporter shall first give the claimant the
opportunity to move the Gas off of Transporter's system upon
payment of the applicable Transportation and PALS charges.
Alternatively, the claimant may request payment of an amount (as
full consideration, inclusive of taxes and any other amounts)
equal to the product of the quantity of Trespass Gas times the
Low Common price (as determined pursuant to Section 8.7 of the
General Terms and Conditions) for the Service Month in which the
Trespass Gas was received. If there is no valid claim for such
Trespass Gas within such thirty (30) day posting period,
Transporter shall be allowed to retain such Trespass Gas.
7.4 Conversion of Gas. Any party that takes Gas without
Transporter's authorization shall be liable for paying the High
Common price (as determined pursuant to Section 8.7 of the
General Terms and Conditions) for the Month in which the Gas was
taken, in addition to any other costs, losses, and damages
attributable to such taking, in addition to any legal remedies
otherwise available.
7.5 Any penalty revenues received by Transporter as a result of the
operation of Sections 7.3 and 7.4 above will be credited pursuant
to Sections 23.2 and 23.3 of the General Terms and Conditions.