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.