Portland Natural Gas Transmission System
Second Revised Volume No. 1
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Effective Date: 09/01/2006, Docket: RP06-449-000, Status: Effective
Original Sheet No. 334 Original Sheet No. 334 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
(c) Delivery Point Scheduling. If on any Day Shipper takes
delivery of a quantity of Gas from Transporter at any Delivery Point
which exceeds or falls short of the Scheduled Quantity for such Delivery
Point by the greater of five percent (5%) or 400 DTH, then Shipper shall
pay to Transporter $1.30 per DTH for all quantities in excess of or which
fall short of the Scheduled Quantity by more than the greater of five
percent (5%) of the Scheduled Quantity or 400 DTH for such Delivery
Point.
(d) Penalty Waiver. Transporter shall waive such scheduling
penalties in the event that Shipper's reason for exceeding the applicable
tolerance is the result of actions by Transporter or an interruption of
upstream gas supply or transportation service. As to any such upstream gas
supply or transportation service interruption, Shipper must furnish to
Transporter all information necessary to document and quantify the dimensions
of that upstream interruption.
8.3 Imbalance Penalties.
(a) Applicability. Transporter may assess against Shipper one or
more imbalance penalties in accordance with this Section 8.3, so long as
Transporter has notified Shipper that an imbalance has occurred (or will
occur, absent corrective action having been taken by Shipper in response to a
prior problem that is ongoing, for which notice was already given by
Transporter to Shipper); provided, however, that Transporter shall not assess
a Daily or Monthly imbalance penalty against Shipper:
(1) in the event Shipper's failure to take corrective action
is caused by Force Majeure conditions as defined in Section 2 of this Tariff;
or
(2) during any period an Operational Balancing Agreement is
in effect at Shipper's Receipt Point and Delivery Point.
In addition, Transporter shall not assess a Monthly imbalance penalty
against Shipper if, upon receiving Transporter's notification of an imbalance
situation, Shipper takes action, in coordination with Transporter, which
corrects such imbalance within thirty (30) days of notification.