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. 337 Original Sheet No. 337 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
applicable MDQ, and $25 per DTH for any additional quantity of unauthorized
Daily overrun taken by Shipper at such Delivery Point.
8.5 Crediting of Penalty Revenues. In the event that Transporter
assesses and collects penalties in accordance with the provisions of Sections
8.2 - 8.4, such revenues in excess of Transporter Penalty Costs (such excess
revenues herein referred to as "Excess Penalty Revenues") shall be credited to
the bills of firm and interruptible service Shippers who did not receive
scheduled service as a result of the actions that led to penalties being
assessed by Transporter. If more than one firm or interruptible service
Shipper was unable to receive scheduled service, then the Excess Penalty
Revenues shall be credited among such Shippers based on the ratios of the
Scheduled Quantity of gas each Shipper was unable to receive under firm or
interruptible service rate schedules divided by the total Scheduled Quantities
of gas that all Shippers were unable to receive under such firm or
interruptible service rate schedules.
Shippers entitled under this Section 8.5 to Excess Penalty Revenue
Credits shall receive such credits to their invoices for the month following
the month in which the later of the following events occurs:
(1) Transporter collects the associated Excess Penalty Revenues from all
Shippers responsible for the actions that led to penalties being assessed by
Transporter; and
(2) Transporter reasonably is able to determine the total amount of all
Transporter Penalty Costs.
8.6 Automatic Waiver. If no shipper has been impeded from receiving its
scheduled service, Transporter shall not impose penalties under this Section
8.
8.7 Penalty Provisions Not Exclusive. Nothing in this Section 8 shall
limit Transporter's right to take such action as may be required to adjust
deliveries and receipts in order to alleviate conditions which threaten the
integrity of its System, nor prevent Transporter from exercising any other
legal remedies which may be available.