Horizon Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 04/18/2002, Docket: CP00-129-001, Status: Effective
Original Sheet No. 236 Original Sheet No. 236 : Effective
GENERAL TERMS AND CONDITIONS
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(1) First, the Penalty Funds will be used to
compensate Horizon for any extraordinary out-of-pocket costs it
has incurred (including any compensation Horizon agreed to provide
for voluntary actions) to alleviate the conditions which resulted
in the Critical Time.
(2) Second, the Penalty Funds will be used to
compensate Shippers that were not penalized and that complied with
Operational Flow Orders resulting in the Shipper going out of
balance to the benefit of the system, that were adversely affected
by curtailment of any firm service, that had their gas
confiscated, or that took voluntary actions to aid the system
(collectively, "Complying Shippers"). To the extent sufficient
Penalty Funds are available, the compensation for a Complying
Shipper will be equal to the volumes by which the Complying
Shipper was out of balance to the benefit of the system plus the
volumes of the curtailment, confiscation or voluntary action,
multiplied by the greater of (i) $15.00 or (ii) the sum of three
hundred percent (300%) of the highest authorized overrun rate
which can be applicable to an FTS Agreement on Horizon's system
pursuant to Section 10 of these General Terms and Conditions plus
three hundred percent (300%) of the highest Weekly Index Price
used to determine the Average Monthly Index Price (determined in
accordance with Section 11) for the month in which the Complying
Shipper's beneficial imbalance, curtailment, confiscation or
voluntary action took place. If there are insufficient Penalty
Funds [before or after the collection from the additional billings
provided for in subsection (b) hereof] to fully compensate the
complying Shippers as described herein, the remaining Penalty
Funds will be prorated among the Complying Shippers based on the
volumes by which the Complying Shipper was out of balance to the
benefit of the system plus the volumes of the curtailment,
confiscation or voluntary action.
(3) Last, any remaining Penalty Funds will be
refunded pro rata based on confirmed nominations to all Complying
Shippers and other Shippers using the system during the Critical
Time that did not incur penalties or Balancing Service Charges.