Midwestern Gas Transmission Company

SECOND REVISED VOLUME NO. 1

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Effective Date: 09/01/1993, Docket: RS92- 41-003, Status: Effective

Original Sheet No. 75 Original Sheet No. 75 : Effective

 

 

GENERAL TERMS AND CONDITIONS

 

 

(i) curtailment of interruptible services.

 

(ii) restrictions of deliveries to a specific point or points covered

by a Balancing Agreement to the aggregate Transportation

Quantity under the firm transportation agreements with primary

delivery points at the affected locations; and/or

 

(iii) forced balancing such that Balancing Parties will be required to

assure that nominations equal flows or that receipts and

deliveries fall within the tolerance level designated in the

Alert;

 

 

(g) Shipper/Balancing Party Compliance: A Shipper/Balancing Party must comply

with an Action Alert and/or Balancing Alert (referred to collectively as

OFOs) within the time period set forth therein unless the

Shipper/Balancing Party is able to demonstrate that such compliance (1) is

not within the Shipper's/Balancing Party's physical control or capability;

(2) is prevented by operating conditions on a third party system that are

beyond the Shipper's/Balancing Party's control; (3) is precluded by

contractual restrictions or the lack of any contract at all with persons

other than Transporter; and/or (4) is prevented due to a force majeure

event as defined in Article X of Transporter's General Terms and

Conditions. The Shipper/Balancing Party shall make a good faith effort to

comply with any such OFO, including seeking waivers of any contractual

limits with third parties or modifications of operating conditions on

third party systems. Shipper/Balancing Party shall notify Transporter

immediately if it believes that it is excused from compliance with the OFO

for any of the above stated reasons and shall provide Transporter with

documentation sufficient to support its basis for non-compliance.

 

(h) Penalties: If a Shipper/Balancing Party fails to comply with an Action

Alert it shall be subject to twice the otherwise applicable daily charges

as provided in Rate Schedule LMS-MA or LMS-PA, as applicable, for any

volume of gas by which it deviated from the requirements of the Action

Alert. If a Shipper/Balancing Party fails to comply with a Balancing

Alert it will be subject to an Unauthorized Charge of $15.00 for each

dekatherm of gas by which it deviated from the requirements of the

Balancing Alert. A Balancing Party shall not incur any charges or