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Original Sheet No. 22 Original Sheet No. 22 : Superseded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.