Midwestern Gas Transmission Company

Third Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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

Second Revised Sheet No. 434 Second Revised Sheet No. 434 : Effective

Superseding: First Revised Sheet No. 434

 

MIDWESTERN GAS TRANSMISSION COMPANY

OPERATIONAL BALANCING AGREEMENT

(For Aggregator at Delivery Points)

 

 

ARTICLE 4 - TERM

(Continued)

 

4.3 This Agreement will terminate automatically in the event that Balancing Party fails

to pay the entire amount of any bill for service rendered by Company hereunder in

accordance with the General Terms and Conditions of Company's Tariff.

 

 

ARTICLE 5 - IMBALANCE CHARGES

 

5.1 Current Charges - Commencing upon the date of execution, the rates, charges, and

surcharges to be paid by Balancing Party to Company shall be in accordance with

Company's Rate Schedule LMS-MA and the General Terms and Conditions of Company's FERC

Gas Tariff.

 

5.2 Incidental Charges - Balancing Party agrees to reimburse Company for any filing or

similar fees, which have not been previously paid for by Balancing Party, which

Company incurs in rendering service hereunder.

 

5.3 Changes in Rates and Charges - Balancing Party agrees that Company shall have the

unilateral right to file with the appropriate regulatory authority and make effective

changes in (a) the rates and charges applicable to service pursuant to Company's Rate

Schedule LMS-MA, (b) the rate schedule(s) pursuant to which service hereunder is

rendered, or (c) any provision of the General Terms and Conditions applicable to

those rate schedules. Company agrees that Shipper may protest or contest the

aforementioned filings, or may seek authorization from duly constituted regulatory

authorities for such adjustment of Company's existing FERC Gas Tariff as may be found

necessary to assure Company just and reasonable rates.

 

 

ARTICLE 6 - MISCELLANEOUS

 

6.1 Warranties - Balancing Party warrants (i) that as to any gas that it delivers or

causes to be delivered to Company hereunder to correct an Operational Imbalance, and

(ii) that it will at the time of delivery have the right to deliver or cause to be

delivered such gas; (iii) that it has the right to allocate all deliveries from the

Delivery Points in accordance with this Agreement, and (iv) that it will indemnify

and save Company harmless from suits, actions, debts, accounts, damages, costs,

losses and expenses arising from or out of adverse claims of any or all persons to

said gas or to royalties, overriding royalties, taxes, or other charges thereon or

with regard to the allocation of gas hereunder. 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 and

represents that all Delivery Points covered by this Agreement will have not a Maximum

Daily Quantity from the Company's system exceeding 10,000 Dekatherms.

 

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 over the transactions described

herein. 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 THE

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.