Viking Gas Transmission Company

Original Volume No. 1

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Effective Date: 06/01/1991, Docket: GT91- 25-000, Status: Effective

Second Revised Sheet No. 81I Second Revised Sheet No. 81I : Superseded

Superseding: First Revised Sheet No. 81I

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

Imbalances for any month that become apparent after the time for notice has expired

shall be considered as an imbalance for the month following the month in which the

imbalance became apparent.

 

(c) Unauthorized Delivery Charge: Unauthorized deliveries are deliveries of

transportation gas made to Seller at the Receipt Point(s) or from Seller at the

Delivery Point(s) prior to submission of the Customer Nomination Form and scheduling

as provided above. Seller shall have the right to refuse tender of or refuse to

tender an unauthorized delivery. Upon discovery of an unauthorized delivery, Seller

shall notify the Buyer responsible for the unauthorized delivery. Buyer shall have

24 hours to cure the unauthorized delivery by submitting a Customer Nomination Form

and confirming scheduling of the deliveries, and in the event of an unauthorized

delivery by Seller at a Delivery Point, to deliver to Seller the volumes necessary

to balance the unauthorized delivery. For any unauthorized deliveries that have not

been timely cured through corrective action by Buyer, Seller shall assess a daily

charge equal to Ten Dollars ($10.00) per dekatherm of natural gas so delivered;

provided, however, that Seller shall have the right, without obligation, to waive

any charge for such unauthorized deliveries if, for the period in which the charge

was incurred, deliveries to Seller's other customers were not adversely affected by

such unauthorized deliveries and if Seller's pipeline operations were not impaired

thereby.

 

(d) Balancing at Contract Termination: Following the termination of the Transportation

Contract, Buyer shall be required to correct any remaining excess or deficiency in

receipts and deliveries within sixty (60) days after the determination by Seller

that an excess or deficiency exists, or within such longer period of time mutually

agreed upon by Buyer and Seller. If after the balancing period, Seller determines

that Buyer received transportation quantities in excess of the quantities delivered

to Seller at the Receipt Point(s), Seller shall charge Buyer an amount equal to the

excess transportation quantities received by Buyer or its designee multiplied by the

current estimated average cost of gas as reflected on Seller's effective Tariff

Sheet No. 6. In the event there is more than one Receipt Point under the affected

Transportation Contract the charge shall be calculated as though the imbalance

occurred at each Receipt Point under the Transportation Contract in proportion to

the quantities of gas received by Seller at each Receipt Point. If after the

balancing period, Seller determines that Buyer delivered to Seller quantities in

excess of the quantities received at the Delivery Point(s), Seller shall retain the

excess transportation quantities at no cost and free and clear of any adverse claims

by any party.

 

(e) Daily Scheduling: If on any day the aggregate quantity of gas under the

Transportation Agreement which Buyer has requested and Seller has scheduled to

deliver exceeds the aggregate quantity actually delivered at the Delivery Point(s)

by the greater of five percent or 50 Dth, then Buyer shall pay Seller a penalty

equal to the maximum rate for transportation under Rate Schedule IT-2 multiplied by