Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

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Effective Date: 11/16/2009, Docket: RP09-1040-000, Status: Effective

First Revised Sheet No. 175 First Revised Sheet No. 175

Superseding: Original Sheet No. 175

 

GENERAL TERMS AND CONDITIONS (continued)

 

24. UNAUTHORIZED DELIVERY IMBALANCE CHARGE.

 

Unauthorized deliveries are deliveries of Natural Gas made to

Transporter at the Point(s) of Receipt prior to the execution of a

Service Agreement or without proper nomination in accordance with

Transporter's General Terms and Conditions. Except in those

circumstances in which the integrity of Transporter's system is

threatened, Transporter shall provide Shipper with prompt notification

(either by telephone, e-mail or by facsimile) of such unauthorized

deliveries, including the system conditions and specific response

required, and Shipper shall have twenty four (24) hours after said

notification to initiate corrective action. If Shipper has not

initiated such corrective action within such twenty four hour period,

and such corrective action is necessary to prevent impairment of

reliable service, Transporter shall assess a penalty equal to $5.00 per

Dth multiplied by the unauthorized deliveries. Where system integrity

is threatened, Transporter shall have the right to take such action as

is necessary to terminate such deliveries without any liability to

Transporter. Any penalties collected by Transporter pursuant to this

Section, net of costs, shall be subject to Transporter's penalty revenue

crediting mechanism set forth in Section 35 of these General Terms and

Conditions.

 

25. BALANCING AT CONTRACT TERMINATION.

 

Following the termination of any Service Agreement with Transporter,

Shipper shall be required to correct any remaining imbalances within

thirty (30) Days after the determination by Transporter that an

imbalance exists, or within such longer period of time mutually agreed

upon by Shipper and Transporter. If, after the balancing period,

Transporter determines that Shipper received from Transporter quantities

in excess of the quantities delivered to Transporter by Shipper at the

Point(s) of Receipt, Transporter shall charge Shipper the actual

replacement cost multiplied by such deficiency quantity at the Point(s)

of Receipt. If, after the balancing period, Transporter determines that

Shipper received from Transporter quantities that were less than the

quantities delivered to Transporter by Shipper at the Point(s) of

Receipt, Transporter shall have the right to remove excess Natural Gas

from its system in any manner deemed appropriate; provided however, that

Transporter will select methods to remove such excess Natural Gas on a

non-discriminatory basis and Transporter shall pay to Shipper any actual

proceeds from sale of such excess Natural Gas. Nothing in this Section

shall limit Transporter's right to take actions as may be required to

adjust receipts and deliveries of Natural Gas in order to alleviate

conditions which threaten the integrity of its system. Transporter

shall have the right to waive the provisions of this Section; provided,

however, that any such waivers granted by Transporter shall be granted,

on a basis which is not unduly discriminatory, to all similarly situated

Shippers under like circumstances.