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.