Midwestern Gas Transmission Company
SECOND REVISED VOLUME NO. 1
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Effective Date: 05/01/2001, Docket: RP01-338-000, Status: Effective
Seventh Revised Sheet No. 61 Seventh Revised Sheet No. 61 : Effective
Superseding: Sixth Revised Sheet No. 61
GENERAL TERMS AND CONDITIONS
(b) Allocation of Deliveries - Unless prohibited by applicable law or
regulation, the quantities delivered by Transporter at any delivery point
shall be allocated among Parties in accordance with any allocation
procedures specifically agreed to by Transporter and the delivery
point(s), as set forth in the Balancing Agreement governing the point
provided, however, Transporter will not be required to enter into
arrangements (a) with a party if that party does not meet Transporter's
creditworthiness provisions set forth in Article XXV of the General Terms
and Conditions or (b) with a market aggregator if the aggregator does not
demonstrate that it has the physical or contractual ability to control
the flow of gas at the applicable delivery point(s) and the contractual
right to allocate gas deliveries at such point(s).
(c) Absence of Balancing Agreement - In the absence of a methodology as
described above due to the absence of a Balancing Agreement or for other
reasons, the operator, the Up/Down Party(ies) ("UDP"), and/or the Shipper
at the receipt and/or delivery point, as applicable, shall advise
Transporter, prior to the commencement of the day, of a Predetermined
Allocation Methodology ("PDA") to be utilized in allocating scheduled
receipts or deliveries among all parties and scheduling services at such
points; provided that such methodology must allocate flows based on
scheduled quantities. Transporter shall confirm receipt of the PDA within
15 minutes. Confirmation of receipt of PDAs transmitted via EDI shall be
Transporter's PDA quick response via EDI. Confirmation of receipt of PDAs
transmitted via facsimile shall be the sending party's facsimile
transmission report. In the absence of receipt of a PDA, Transporter
shall allocate quantities received or delivered at a certain point in
proportion to the Scheduled Quantities.
(d) Notification of Allocation Rules - Upon receipt of a request from a Party,
Transporter will notify Party of the applicable rules governing the
allocation of Party's gas at Party's Receipt and Delivery Points.
(e) Correction of Allocations - GISB Standard 2.3.26 (Version 1.4) states:
The time limitation for disputes of allocations should be 6 months from
the date of the initial month-end allocation with a 3-month rebuttal
period. This standard shall not apply in the case of deliberate omission
or misrepresentation or mutual mistake of fact. Parties' other statutory
or contractual rights shall not otherwise be diminished by this standard.
(f) GISB Standard 2.3.19 (Version 1.4) states: The transportation service
providers should accept GISB-approved allocation methodology types from
the upstream or downstream custody transfer party who is providing the
point confirmation.
4. Scheduling and Allocation
All Shippers and Balancing Parties are responsible for purchasing and maintaining
the equipment reasonably necessary to communicate with PASSKEY and for using
PASSKEY for all transactions relating to transportation services.
(a) GISB Standard 1.3.2 (Version 1.4) states: The standard nominations
timeline should be as follows: 11:30 A.M. for nominations leaving control
of the nominating party; 11:45 A.M. for receipt of nominations by the
transporter; noon for quick response; 3:30 P.M. for receipt of completed
confirmations by transporter from upstream and downstream connected
parties; 4:30 P.M. for receipt of scheduled quantities by shipper and
point operator (central clock time on the day prior to flow).
Initial Service: Upon execution of a service agreement, Shipper shall
send its nomination(s) to Transporter through PASSKEY with the information
specified by the Customer Nomination Form, as set forth in this