Canyon Creek Compression Company
First Revised Volume No. 1A
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Effective Date: 05/01/1991, Docket: RP91-123-000, Status: Effective
Original Sheet No. 22 Original Sheet No. 22 : Superseded
RATE SCHEDULE FCS
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10.3 Imbalances existing at the termination of any FCS
Agreement shall (unless that agreement is renewed or rolled over) be
made up within sixty (60) days after Customer has been notified that
an imbalance exists under the FCS Agreement. The Customer shall be
notified on the termination date or as soon as possible thereafter
of the imbalances that exist under the FCS Agreement.
10.4 If deliveries at Canyon receipt point(s) vary on any day
by more than twenty percent (20%) in the case of daily penalties, or
vary during any month by more than ten percent (10%) in the case of
monthly penalties, from the daily nominations at those point(s) for
that day or month (as appropriate), Customer shall pay Canyon an
additional charge equal to the maximum Commodity Charge under this
Rate Schedule FCS applicable to such service multiplied by the
discrepancy.
10.5 Penalties may be based on reasonable estimates if actual
data is unavailable.
11. NEW FACILITIES CHARGE
11.1 Canyon shall not be obligated to construct, acquire,
modify or expand any facilities for service under this Rate
Schedule. When new and/or expanded facilities are required to
accommodate receipt and/or delivery of gas and Canyon determines at
its sole discretion to install such facilities in order to render
service pursuant to this Rate Schedule, Customer shall pay all
construction costs, including any filing fees and any gross-up for
income taxes, associated with such facilities unless Canyon agrees.
11.2 Notwithstanding the provisions under Section 11.1
hereof, if Canyon constructs, acquires or modifies any facilities to
perform service hereunder, then either:
(a) Customer shall reimburse Canyon for the costs of
such facilities; or
(b) Canyon shall assess a monthly charge, based on the
cost of service reflecting such facilities costs; whichever option
is specified in the agreement concerning the building of the
facilities.