Horizon Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 11/01/2003, Docket: RP02-153-003, Status: Suspended
Original Sheet No. 149A Original Sheet No. 149A : Suspended
GENERAL TERMS AND CONDITIONS
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Operational Flow Order or the declaration of Critical Time or other
operational action taken by Horizon under Section 34 of these
General Terms and Conditions. Costs that may be netted against
penalty revenue may include only actual, verifiable and prudent
incremental costs incurred to resolve the reliability concerns
actually caused by the particular party or parties against which the
penalty has been assessed and must relate to a circumstance which
resulted in the penalty revenue to be credited under this provision.
If these amounts are not adequate to reimburse Horizon for cashout
expenses, the unreimbursed cashout expenses shall be carried forward
to future years until recouped.
(b) (1) Any remaining amounts will be refunded pro rata to
all Shippers, except as provided below, through a credit to current
billing wherever feasible, based on the ratio of a Shipper's total
base reservation and base commodity charges paid during each month
to all such charges paid by all Shippers during such month;
provided, however, that such calculation shall exclude charges paid
by any Shipper during any month in which such Shipper failed to
comply with an Operational Flow Order or had an Unauthorized
Overrun. The refunds in the prior sentence shall be calculated on a
monthly basis but distribution of the credit shall be annual. If
the costs to be netted against penalty revenue exceed the penalty
revenue in any month, the excess costs may be carried forward to be
applied against penalty revenue in subsequent months. Thus, while
distribution is made annually, the net penalty revenue credit shall
be calculated on a monthly basis, subject to the carry forward of
costs as stated in the prior sentence. A Shipper which failed to
comply with an Operational Flow Order or which had an Unauthorized
Overrun shall be excluded from distribution of net penalty revenues
only for the month in which that violation occurred.
(2) Where capacity has been released, any amounts
distributed to the Original Shipper and the calculation and amounts
distributed to the Original Shipper shall be based on the gross base
reservation and base commodity charges paid by that Shipper (without
considering any credits from Replacement Shippers) during the
relevant annual period; provided, however, that in the case of a
permanent release, any amounts distributed hereunder with respect to
the released capacity shall be distributed to the Replacement
Shipper and the calculation and the amounts distributed to the
Replacement Shipper shall be based on the base reservation and base
commodity charges paid by that Replacement Shipper during the
relevant annual period.