Pine Prairie Energy Center, LLC
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 140 Original Sheet No. 140 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
all information necessary to permit scheduling pursuant to such
requirements. In addition, PPEC will not be required to begin
wheeling, injections or withdrawals for a Customer's account
unless and until the data required for nominations, provided for
in Section 8, have been confirmed by the applicable Transporter to
PPEC's Gas dispatcher.
9.4 Transportation Imbalances. In the event that PPEC or
Customer delivers or causes to be delivered to Transporter at the
Point(s) of Receipt or Delivery a quantity of Gas not equal to the
quantity of Gas received or taken by Customer or PPEC, a
"Transportation Imbalance" may occur. Provided that PPEC has taken
or delivered the quantity of Gas nominated by Customer and
scheduled by Transporter, Customer shall be liable for all
imbalances under its transportation agreement with Transporter.
Upon notification by Customer or Transporter that a Transportation
Imbalance exists because PPEC failed to deliver or receive the
quantity of Gas nominated by Customer and scheduled by
Transporter, PPEC will endeavor to correct the Transportation
Imbalance subject to any restrictions imposed by Transporter but
PPEC shall be solely responsible and liable for any charges,
penalties, costs and expenses incurred or payable by either party
as a result of the Transportation Imbalance. Customer agrees to
use its best efforts to prevent or diminish any occurrences of
imbalances.
9.5 Measurement. Customer and PPEC agree that the
quantity of Gas delivered hereunder shall be measured by PPEC in
accordance with the Transporter's pipeline tariff applicable to
each Point of Delivery/Receipt, and, as such, may be allowed to
fluctuate within the applicable measurement or flow tolerances on
a daily and Monthly basis.
9.6 Costs and Penalties. Customer shall hold PPEC
harmless for all costs and penalties which may be assessed by
Transporter(s) under Customer's transportation agreement(s) with
Transporter(s), unless the costs and penalties are due to the
negligence of PPEC. Customer and PPEC shall cooperate with each
other and with the Transporter(s) to verify delivery and receipt
of the volumes of Gas delivered hereunder on a timely basis.
9.7 Downstream and Upstream Transportation. Customer
shall be responsible for transportation from the Point(s) of
Delivery and payment of all transportation charges relating
thereto. Customer shall be responsible for transportation to the
Point(s) of Receipt and payment of all transportation charges
relating thereto.
10. QUALITY
10.1 Specifications. The Gas delivered by either party
to the other hereunder shall meet the quality specifications of
the Transporter which receives or delivers such Gas at the Point
of Receipt or Delivery, as applicable, and, unless such
Transporter's quality specifications are more stringent, shall be
of such quality that it shall meet at least the following
specifications: