Midwestern Gas Transmission Company

Third Revised Volume No. 1

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Effective Date: 04/01/2007, Docket: RP07-318-000, Status: Effective

Second Revised Sheet No. 421 Second Revised Sheet No. 421 : Effective

Superseding: First Revised Sheet No. 421

 

MIDWESTERN GAS TRANSMISSION COMPANY

OPERATIONAL BALANCING AGREEMENT

(For Use at Receipt Points)

 

 

ARTICLE 6 - MISCELLANEOUS

(Continued)

 

Company's agent in paying the necessary charges and filing the necessary reports.

Balancing Party represents and warrants to Company that all requisite authorizations,

if any, have been obtained as to any gas that Balancing Party delivers or causes to

be delivered hereunder. The Balancing Party or Balancing Party's designee agrees to

take the necessary corrective action requested by Company in accordance with this

Agreement and shall perform all acts and duties required to nominate, confirm and

deliver gas hereunder. If the Balancing Party fails to take such corrective action,

then this Agreement shall terminate upon written notice from Company at the end of

that calendar month. Company may act, and shall be fully protected in acting, in

reliance upon any and all acts performed by Balancing Party to nominate, confirm and

deliver gas hereunder and to allocate deliveries on behalf of any producers covered

by this Operational Balancing Agreement as though they were done or executed by the

Producers.

 

6.2 Governing Bodies - This Agreement shall be subject to all applicable laws, federal or

state, and to all applicable rules and regulations of any duly authorized federal,

state or other government agency having jurisdiction. THE INTERPRETATION AND

PERFORMANCE OF THIS CONTRACT SHALL BE IN ACCORDANCE WITH AND CONTROLLED BY THE LAWS

OF THE STATE OF OKLAHOMA WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.

 

6.3 Waivers - No waiver by either Party of any one or more defaults by the other in the

performance of this Agreement shall operate or be construed as a waiver of any future

default or defaults, whether of a like or of different character.

 

6.4 Invoicing and Payments - Company shall bill and Balancing Party shall pay for the

resolution of Operational Imbalances and any charges assessed under Rate

Schedule LMS-PA in cash in accordance with Sections 5 and 6, respectively, of the

General Terms and Conditions of Company's FERC Gas Tariff.

 

6.5 Incorporation of Tariff - Unless otherwise stated herein, Rate Schedule LMS-PA and

the General Terms and Conditions specified in Company's FERC Gas Tariff are

incorporated as part of this Agreement.

 

6.6 Notices - Except as otherwise provided in the General Terms and Conditions applicable

to this Agreement, any notice under this Agreement shall be in writing and mailed to

the Party's address shown on Exhibit A hereto or such other address as either Party

may designate by written notice to the other.

 

6.7 Receipt Points - Subject to the provisions of Company's FERC Gas Tariff and the other

provisions of this Agreement, Balancing Party may add or delete Receipt Points to

Exhibit A upon notice to Company and Balancing Party unless such Receipt Points has

previously been deleted from Exhibit A pursuant to Articles 2.1 or 2.4, in which case

Company's consent will be required.

 

6.8 Conflicts - If there is any conflict or discrepancy between this Agreement and any

other agreement between Company and Balancing Party with regard to allocations of

receipts at Receipt Points, the terms of this Agreement shall govern and control. If

there is any conflict or discrepancy between this Agreement and Rate Schedule LMS-PA,

the terms of Rate Schedule LMS-PA shall govern. If there is any conflict or

discrepancy between this agreement and the General Terms and Conditions specified in

Company's FERC Gas Tariff, the General Terms and Conditions shall govern.