Viking Gas Transmission Company

Original Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 52-001, Status: Effective

Original Sheet No. 36 Original Sheet No. 36 : Superseded

 

 

 

 

RATE SCHEDULE LMS (Continued)

 

 

cashed-out on the basis of actual receipts and deliveries and scheduled nominations;

provided that the penalty level associated with imbalances that are associated with

Receipt or Delivery Points where Electronic Data is available will be based upon the

lesser of (1) the monthly imbalance reported by Transporter for the last day of the

month based upon the Electronic Data or (2) the monthly imbalance based upon actual

receipts and deliveries at such locations; provided, however, that if the monthly

imbalance reported by Transporter for the 20th day of the calendar month based upon

Electronic Data is subsequently adjusted during the remainder of the month and (1) such

adjustment materially increases the level of the imbalance and (2) Operator did not have

adequate time to correct the imbalance by adjusting nominations, receipts or deliveries,

then the penalty level associated with imbalances at points where Electronic Data is

available will be based upon the lesser of (a) the imbalance reported on the 20th day of

the calendar month plus the imbalance reported for each subsequent day in the calendar

month, or (b) the monthly imbalance based upon actual deliveries at such points to the

extent that applicable OBA documents the situation. Notwithstanding anything to the

contrary, if the Electronic Data at any point is inaccurate, through no fault of

Transporter, but rather as the result of the action or inaction of third parties, then

the penalty level associated with monthly imbalances occurring at such points will be

based upon the Electronic Data, unless Transporter also incurs penalties, in which event

the penalties to Shipper will be determined based upon actual deliveries.

 

(c) Limitation on Penalties - Any imbalances caused by an event as set forth in Article X of

the General Terms and Conditions or caused by Transporter's actions (1) will not be

included in the calculation of the total monthly imbalance for purposes of determining

the appropriate cash-out level and (2) will be cashed out at the 0-5% tolerance level,

as set forth in Section 6(a) above.

 

(d) Disposition of Penalities - All penalty revenues received by Transporter in accordance

with Section 6(a) that are in excess of Transporter's cases, including, but not limited

to (i) payments made by Transporter in accordance with Section 6(a), (ii) Transporter's

gas costs and fuel and loss costs properly allocable to Operators, and (iii)

administrative costs, will be credited monthly to all Shippers in the form of a negative

surcharge on all of Transporter's firm and interruptible transportation rates.

 

(e) Operational Integrity - Nothing in this Section 6 shall limit Transporter's right to

take action as may be required to adjust receipts and deliveries of gas in order to

alleviate conditions which threaten the integrity of its system or the ability of

Transporter to transport quantities scheduled by any Shipper.