Kentucky West Virginia Gas Company

Third Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-104-001, Status: Effective

First Revised Sheet No. 169 First Revised Sheet No. 169 : Superseded

Superseding: Original Sheet No. 169

GENERAL TERMS AND CONDITIONS (Continued)

 

34. RECOVERY OF NATURAL GAS POLICY ACT PRICES

 

Former Rate Schedules PLS-1 and GSS-1 customers will still be

subject to the provisions of Volume 3 of Pipeline's FERC Gas Tariff,

which sets forth the various settlement agreements with the Rate

Schedules PLS-1 and GSS-1 customers identified therein arising out of

Public Service Commission of New York v FERC, 463 U.S.319 (1983) and

Kentucky West Virginia Gas Co. v FERC, 780 F.2d 1231 (5th Cir. 1986).

 

35. DETERMINATION OF DELIVERIES AND IMBALANCES

 

35.1 Determination of Deliveries. Pipeline will attempt to determine

the actual imbalance ascribable to each service agreement to the

greatest extent possible. As minimum, allocations shall be

provided by both contract and location. Delivery point

allocations shall be performed at the lowest level of detail

provided by nominations. If gas delivered by Pipeline into the

facilities of any Customer is applicable to more than one

service agreement and Pipeline cannot ascribe the actual

imbalance to each individual service agreement, Pipeline will

attribute the total quantities of gas delivered to any

Customer to each service in the following sequence as applicable:

 

(i) The quantity of gas scheduled for delivery by the

Customer under the Customer's no-notice service

agreement;

(ii) The quantity of gas scheduled for delivery by the

Customer under the Customer's other firm service

agreements;

(iii) The quantity of gas scheduled for delivery under

the Customer's interruptible service agreements.

 

35.2 Customer's Responsibility. It is the responsibility of the

Customer to provide accurate and timely nominations of

quantities proposed to be received and delivered by Pipeline

under each of the Customer's service agreements; to maintain

equality between quantities actually taken by the Customer and

the Customer's scheduled quantities under each service

agreement, and to maintain a concurrent balance between receipts

and deliveries under each service agreement.

 

35.3 Resolution of Imbalances. If a Customer incurs either an

overage or an underage in takes from Pipeline due to a failure

to deliver to Pipeline or receive from Pipeline the quantity of

gas which it is required to receive or deliver, penalties may be

applied as described in this section. If a Customer has more

than one service agreement with Pipeline and it is not otherwise

determinable under which service agreement the imbalance