ANR Pipeline Company
Second Revised Volume No. 1
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Effective Date: 11/01/2006, Docket: RP06-613-000, Status: Effective
Fourth Revised Sheet No. 191B Fourth Revised Sheet No. 191B : Effective
Superseding: Sub Third Revised Sheet No. 191B
GENERAL TERMS AND CONDITIONS
(Continued)
34. CREDITING OF PENALTY REVENUES
34.1 Definition. As used in this Section 34, the term "penalty
revenues" shall mean any net revenues that Transporter actually
receives for any of the following:
(a) daily scheduling penalties assessed as a result of
allocations of deliveries pursuant to Section 14.1(a)(3)
(iii) of these General Terms and Conditions;
(b) penalty rates for unauthorized overrun charges assessed
pursuant to any of Transporter's firm service rate schedules;
(c) penalties assessed for failure to comply with the OFO
pursuant to Section 8.8 of these General Terms and
Conditions; or
(d) penalties assessed to FTS-4 Shippers for failure to comply
with their MFO obligations under their Agreements.
34.2 Crediting of Penalty Revenues. Transporter shall record all
penalty revenues received from time to time in a separate
account, and credit such penalty revenues to its Firm Service
Shippers on an annual basis in accordance with the following
procedures:
(a) on July 1, 2001, and on each July 1, thereafter, Transporter
shall determine the outstanding balance in its penalty
revenues account for the previous annual period. Such annual
period shall consist of the twelve (12) Month period ending
three (3) Months prior to the determination date of July 1;
(b) if there is a positive balance in such account exceeding
$100,000, Transporter shall allocate such positive balance to
its "Eligible Credit Shippers", who shall consist of those
Firm Service Shippers who received service during any such
previous annual period provided, however, that any such
Shipper that paid any penalty revenues to Transporter during
any Month of the applicable annual period shall not be an
Eligible Credit Shipper to receive any of that Month's
penalty revenues. Notwithstanding the above, any penalty
revenues received by Transporter from an FTS-4 Shipper due to
that Shipper's failure to comply with its MFO obligations,
shall be credited directly to the affected FTS-4L Shipper(s);
(c) the allocation of the credits to the qualifying Eligible
Credit Shippers shall be determined pro rata based on the
firm service revenues paid to Transporter by such Firm
Service Shippers during the applicable annual period, and
each Shipper's cumulative annual credit, if any, shall be
reflected as a credit to the billing statement(s) due to
such Shipper on the ninth (9th) business Day of the next
Month. If no such billing statement is due to any such
Eligible Credit Shipper, then the credit shall be paid to
such Shipper by Transporter in cash; and
(d) any positive balance less than $100,000 shall be carried
forward, with interest to the next July 1 determination.