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.