North Baja Pipeline, LLC
Original Volume No. 1
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Effective Date: 08/12/2002, Docket: RP02-363-000, Status: Effective
Original Sheet No. 109 Original Sheet No. 109 : Effective
GENERAL TERMS AND CONDITIONS OF SERVICE
(Continued)
3. MEASURING EQUIPMENT
3.1 Installation: Unless NBP and Shippers agree otherwise, all gas
volume measuring equipment, devices and materials at the point(s)
of receipt and/or delivery shall be furnished and installed by NBP
at Shipper's expense including the tax-on-tax effect, net of the
present value of any prospective tax depreciation benefits. All
such equipment, devices and materials shall be owned, maintained
and operated by NBP. Shipper may install and operate check-
measuring equipment provided it does not interfere with the use of
NBP's equipment.
3.2 Testing Meter Equipment: The accuracy of either NBP's or
Shipper's measuring equipment shall be verified by test, using
means and methods acceptable to the other party, at intervals
mutually agreed upon, and at other times upon request. Notice of
the time and nature of each test shall be given by the entity
conducting the test to the other entity sufficiently in advance to
permit convenient arrangement for the presence of the
representative of the other entity. If, after notice, the other
entity fails to have a representative present, the results of the
test shall nevertheless be considered accurate until the next
test. If any of the measuring equipment is found to be
registering inaccurately in any percentage, it shall be adjusted
at once to read as accurately as possible. All tests of such
measuring equipment shall be made at the expense of the entity
conducting the same, except that the other entity shall bear the
expense of tests made at its request if the inaccuracy is found to
be two percent (2%) or less.
3.3 Correction and Adjustment: If at any time any of the measuring
equipment is registering inaccurately by an amount exceeding two
percent (2%) at a reading corresponding to the average hourly rate
of flow, the previous readings of such equipment shall be
corrected to zero error for any period definitely known or agreed
upon, or if not so known or agreed upon, the lesser of one-half
(1/2) of the elapsed time since the last test or six (6) months
from the production month with a three-month rebuttal period,
provided, however, that this limitation shall not apply in the
case of a deliberate omission or misrepresentation or mutual
mistake of fact. The parties' other statutory or contractual
rights shall not otherwise be diminished by this limitation. If
the measuring equipment is out-of-service, the volume of gas
delivered during such period shall be determined:
(Continued)