Transwestern Pipeline Company, LLC
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 07/18/2010, Docket: RP10-853-000, Status: Effective
Third Revised Sheet No. 229 Third Revised Sheet No. 229
Superseding: Second Revised Sheet No. 229
OPERATOR BALANCING AGREEMENT
FORM OF AGREEMENT
6. Notwithstanding anything herein that may be interpreted to the
contrary, in the event that the aggregate Operational Imbalance for
all Interconnect Points in any month is outside a 10% tolerance level
after completion of all netting and trading activity as outlined in
Section 34 of the General Terms and Conditions of Transporter's FERC
Gas Tariff (i.e., either exceeds 110% of the quantities scheduled, or is less
than 90% of the quantities scheduled), and the Operational Imbalance
exceeds 10,000dth, then Company shall be assessed a penalty as described below
or Company and Transporter may agree that quantities may be transferred to
Transporter's PNR Service to the extent the Company has an effective PNR Agreement.
Company shall be subject to all PNR charges.
Company will be charged 30 cents per dekatherm ($0.30/dth) for volumes
outside the tolerance level, although Company will be granted an
automatic waiver of such penalty for the first outside-tolerance
month in any six-month period. In addition, if Company's deliveries
or receipts are outside the tolerance level due to incorrect
measurement data communicated to Company by Transporter, any such
penalty will be waived. If any Operational Imbalance is due to an
operational request of Transporter (which shall be confirmed in
writing), or is otherwise caused by Transporter, no penalty shall be
assessed. No imbalance penalty should be imposed when a prior period
adjustment applied to the current period causes or increases a
current month penalty.
7. The Dollar-Valued Operational Imbalances that may arise from time-to-time shall
be resolved at the option of the Party owing such imbalance on either an
"equivalent volume" basis (upon mutual agreement of the parties as to the
timing and location of payback) or by "cash-out" (payment in cash).
Any quantities to be received or delivered by Transporter hereunder in order
to resolve an Operational Imbalance must first be scheduled in accordance with
Section 22 of the General Terms and Conditions of this Tariff.
8. In the event that a capacity constraint occurs on either Party's
system which results in curtailment of quantities through an
Interconnect Point, the Party on whose system the constraint has
occurred shall determine the reallocation of quantities to the
Shippers under the affected Shipper Agreements. Such change in
Scheduled Quantities shall be confirmed in writing as required by
Paragraph 1 above. If the constraint occurs at the Interconnect
Point, the downstream Party shall determine the reallocation of
quantities to the Shippers under the affected Shipper Agreements.