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

(Continued)

 

 

(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

15.

 

 

(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-

Penalized Shippers."

 

(b) For purposes of this Section 19.7 the following definitions shall

apply:

 

(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.