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Second Revised Sheet No. 81I Second Revised Sheet No. 81I : Superseded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