Viking Gas Transmission Company
First Revised Volume No. 1
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Effective Date: 07/24/2005, Docket: RP05-399-000, Status: Effective
Second Revised Sheet No. 87D Second Revised Sheet No. 87D : Effective
Superseding: First Revised Sheet No. 87D
GENERAL TERMS AND CONDITIONS
29. UNAUTHORIZED OVERRUNS AND PENALTY REVENUE CREDITS
29.1 OFO Penalties
(a) On any Gas Day when a delivery point Balancing Party takes gas outside of
the daily limits established under an Operational Flow Order ("OFO")
applicable to a delivery point(s) or a receipt point Balancing Party
delivers gas outside of the daily limit established under an OFO
applicable to a receipt point(s), such Balancing Party shall be subject to
an unauthorized overrun penalty charge applicable to each Dth of excess
quantities taken or delivered beyond a two (2) percent allowable
variation. The daily limit shall be the adjusted TQ applicable to a
specified receipt or delivery point(s) pursuant to the OFOs under
Section 8 of these General Terms and Conditions of Company's Tariff, as
notified to Balancing Party. The penalty charge shall be computed based
on a price per Dth equal to three times the midpoint price for Emerson,
Viking GL published in the Daily price survey in Platts Gas Daily for the
flow day on which the OFO is issued. In the event Platts Gas Daily does
not publish a price at Emerson, Viking GL, the penalty charge shall be
computed based on a price per Dth equal to three times the sum of the
midpoint price for TCPL Alberta, AECO plus the maximum interruptible
transportation toll set forth in TransCanada Pipelines Limited Canadian
Mainline Gas Transportation Tariff under IT Toll Schedule, including all
applicable surcharges and fuel, applicable to deliveries from Empress,
Alberta, Canada to Company at Emerson, Manitoba, Canada (such sum will be
converted to U.S. dollars using the conversion factor listed in Platts Gas
Daily applicable on the OFO flow day).
(b) All penalty revenues received by Company in accordance with this
Section 29 that are in excess of Company's costs, including but not
limited to administrative costs, will be credited annually when such net
penalty revenues are in excess of $10,000 to Balancing Parties who are in
compliance with OF0s. Such net penalty revenue credits will be credited
to such Balancing Parties based on scheduled quantities not received due
to the failure of other Balancing Parties to comply with OFOs during the
OFO period of the year in which the net penalty revenues were received.
Credits shall include net penalty revenues plus interest calculated in
accordance with Section 154.501 of FERC's regulations.
(c) The payment of unauthorized overrun penalties does not create the right to
exceed the levels established by an OFO.
29.2 Monthly Imbalance Tolerance Penalties
To the extent that Balancing Parties exceed the five (5) percent monthly
imbalance tolerance set forth in Section 5 of Company's Rate Schedule LMS and
such Balancing Parties are assessed penalties in excess of 100 percent of the
average monthly index, Company shall credit such penalty revenues that are in
excess of Company's costs, including but not limited to administrative costs,
when such net penalty revenues are in excess of $10,000 on an annual basis to
Balancing Parties who comply with the balancing requirements on a pro rata
basis per scheduled quantities. Credits shall include net penalty revenues
plus interest calculated in accordance with Section 154.501 of FERC's
regulations.