North Baja Pipeline, LLC
Original Volume No. 1
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Effective Date: 08/12/2002, Docket: RP02-363-008, Status: Effective
Second Revised Sheet No. 153 Second Revised Sheet No. 153 : Effective
Superseding: First Revised Sheet No. 153
GENERAL TERMS AND CONDITIONS OF SERVICE
(Continued)
16. BALANCING (Continued)
16.1 (Continued)
(c) Actual confirmed receipt quantity exceeds actual delivered
quantity (Continued)
Remedies:
Shippers may schedule with NBP using the nomination process
to eliminate or reduce positive imbalances. Shippers may
also resolve positive imbalances through the use of Rate
Schedule PAL-1 Service. In addition, in accordance with this
Paragraph 16, Shipper may net or trade imbalances to
eliminate or reduce positive imbalances.
If, at the end of the three (3) day period the difference
between the actual quantity received and the delivered
quantity is in excess of five (5) percent of the delivered
quantity or 1000 Dth, whichever is greater, the excess
quantity shall be subject to a penalty equal to twice the
rate for service under Rate Schedule ITS-1 as set forth on
effective Tariff Sheet No. 4. If the imbalance is not
corrected within 45 days of NBP's notice of an imbalance, NBP
shall be able to retain the remaining imbalance quantity
without compensation to the Shipper and free and clear of any
adverse claim. Quantities retained by NBP will be sold in
accordance with Paragraph 38 of these Transportation General
Terms and Conditions, and the proceeds from the sale of the
confiscated gas will be credited to all shippers in
accordance with Paragraph 16.1 (d).
In the event the operational integrity of NBP's system is
threatened, NBP may, without notice, adjust Shipper requests
for confirmation from receipt or delivery markets on NBP's
system. In addition, NBP may issue an Operational Flow
Order consistent with Paragraph 18 of these General Terms
and Conditions of Service, and Shipper will be subject to
tolerances and penalties as provided for in Paragraph 18.5.
Imbalance determinations as described above will be
performed on a daily basis and each daily occurrence will
constitute a separate incident. It is recognized and
understood that in the event more than one penalty provision
may apply to a single imbalance incident, only the most
onerous penalty will apply.
(Continued)