North Baja Pipeline, LLC
Original Volume No. 1
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Effective Date: 04/24/2010, Docket: RP10-510-000, Status: Effective
First Revised Sheet No. 154 First Revised Sheet No. 154
Superseding: Original Sheet No. 154
GENERAL TERMS AND CONDITIONS OF SERVICE
(Continued)
16. BALANCING (Continued)
16.1 (Continued)
(c) Actual confirmed receipt quantity exceeds actual delivered
quantity (Continued)
Imbalance and overrun penalties will be based on the lesser
of the impact from operational or actual data. In the event
that any penalty would otherwise be applicable under these
provisions as a direct consequence of any action or failure
to take action by NBP or the failure of any facility under
NBP's control, or an event of force majeure as defined in
these General Terms and Conditions of Service, said penalty
shall not apply.
Interruptible Shippers will be notified whether penalties
will apply on the day their volumes are reduced. NBP shall
waive non-critical penalties for bumped shippers on the day
of the bump. Waiver of non-critical penalties shall not
relieve the shipper from the obligation to take corrective
action to eliminate ongoing imbalances.
The payment of a penalty in dollars pursuant to this
Paragraph 16 shall under no circumstances be considered as
giving any Shipper the right to deliver or take overrun
quantities.
(d) Crediting of Penalties
(i) Applicability. Penalty Revenues net of costs incurred
by NBP and collected as a result of imposition of any
penalty imposed under this Section 16 and as provided
elsewhere in this FERC Gas Tariff will be refunded
annually to all Shippers with interest calculated in
accordance with §154.501 of the Commission's
regulations.
(ii) Calculation of Credit Amount. Each Shipper shall
receive an allocation of penalty revenues based on the
proportion of the revenues received during the 12-
month period from each Shipper divided by the total
revenue received from all Shippers during such period.
(Continued)