Millennium Pipeline Company, L. L. C.
Original Volume No. 1
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Effective Date: 02/01/2010, Docket: RP10-272-001, Status: Effective
Substitute Second Revised Sheet No. 233 Substitute Second Revised Sheet No. 233
Superseding: Second Revised Sheet No. 233
GENERAL TERMS AND CONDITIONS
(b) In the event Shipper seeks to avoid any penalty provided for in
this Section on the ground that such charge was incurred because of a force
majeure event as defined at Section 15 (Force Majeure) of the General Terms
and Conditions, Shipper will document such force majeure event to Transporter.
Transporter will waive penalties to the extent that it determines that the
imbalance was caused by a bona fide force majeure event as defined at Section
(c) To the extent that any imbalance directly results from Shipper's
reliance on inaccurate data from Transporter, or is otherwise caused by
Transporter, no penalty will be assessed for that portion of the imbalance
shown by Shipper to be attributable to such inaccurate data.
19.7 Penalty Crediting Mechanism.
(a) The purpose of this provision is to provide the mechanism by which
Transporter will credit any "Penalty Revenues," as defined herein, to "Non-
(b) For purposes of this Section 19.7 the following definitions shall
(i) The term "Penalty Revenues" means penalty amounts assessed and
actually collected, net of Transporter's costs, during each month of a
contract year (November 1 to October 31) pursuant to the penalty provisions of
this Tariff; exclusive of (A) Transporter's actual gas, transportation and
Retainage costs for the replenishment of gas quantities with respect to Rate
Schedule PALS, Section 5(a)(vii), and Section 3.9(c) of the General Terms and
Conditions; and (B) overrun charges imposed pursuant to the terms of any of
Transporter's Rate Schedules.
(ii) The term "Non-Penalized Shippers" means Shippers, other than
Shippers that were assessed penalties and paid penalties in a particular month
of a contract year (November 1 to October 31) pursuant to the penalty
provision of this Tariff, under Transporter's Rate Schedules FT-1, FT-2, HT-1,
BH-1 and IT-1, and Replacement Shippers holding permanently released Rate
Schedules FT-1, FT-2, HT-1 and BH-1 capacity.