Northern Border Pipeline Company

First Revised Volume No. 1

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Effective Date: 09/03/2004, Docket: RP04-441-000, Status: Effective

Original Sheet No. 477 Original Sheet No. 477 : Effective

 

 

NORTHERN BORDER PIPELINE COMPANY

OPERATIONAL BALANCING AGREEMENT

(For Use at Point(s) of Interconnection)

 

 

7. OBA Parties agree to timely amend this Agreement to delete or add

Point(s) of Interconnection(s) as may be appropriate, by revising

Exhibit A hereto.

 

8. Notwithstanding the termination of this Agreement, the OBA Parties

agree to reconcile and eliminate any remaining Operational

Imbalance pursuant to the terms and conditions of this Agreement

within sixty (60) days of termination of this Agreement or such

other period of time which is mutually agreed to by the OBA

Parties.

 

9. This Agreement and the terms and conditions herein are subject to

all present and future valid laws, orders, rules and regulations

of duly constituted authorities having jurisdiction.

 

10. In the event a conflict exists or arises between this Agreement

and an OBA Party's FERC Gas Tariff, as amended from time-to-time,

it is agreed and understood that the latter shall control.

 

11. This Agreement is for accounting and system management purposes

only, and is entered into by the OBA Parties with the

understanding that the balancing activities provided for hereunder

will not subject any non-jurisdictional entity to regulation by

FERC as a "natural gas company" under the provisions of the

Natural Gas Act. If, at any time, it should be determined that

such balancing activities do result in such regulation, then this

Agreement shall immediately terminate, and any remaining

Operational Imbalance shall be resolved by the OBA Parties within

sixty (60) days after termination of this Agreement.

 

12. Any entity which shall succeed by purchase, merger or

consolidation to the properties, substantially as an entity, of

either OBA Party, shall be subject to the obligations of its

predecessor to this Agreement. No other assignment of this

Agreement or of any of the rights or obligations hereunder shall

be made.