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Original Sheet No. 42 Original Sheet No. 42 : Superseded
RATE SCHEDULE ICS
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schedule is unacceptable and Customer shall have an additional five
(5) days to submit a revised make-up schedule which is acceptable to
Canyon. Canyon may not begin assessing the charges hereunder until
at least two (2) days after Canyon notifies Customer that an
imbalance is being experienced which would subject Customer to this
charge. Customer shall have two (2) days in cases of a daily
penalty and forty-five (45) days in cases of a monthly penalty after
the end of such notice period to make up the imbalance. If the
imbalance is not made up at the end of that period, then Customer
shall pay Canyon an amount equal to the imbalance penalty of one
dollar ($1) per MMBtu multiplied by the total volume of any underage
or overage as a penalty. Such charges shall be included in the
regular monthly billing by Canyon to Customer. Notwithstanding the
above, should Canyon, at its discretion, deliver or cause to be
delivered volumes which would otherwise cause Customer to incur this
fee for nonconforming redeliveries, Canyon shall notify Customer of
such operating changes and such fees will be reduced to the extent
applicable and any resulting imbalances shall be made up on a
mutually agreeable basis, as soon as possible.
10.3 Imbalances existing at the termination of any ICS
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 ICS Agreement. The Customer shall be
notified on the termination date or as soon as possible thereafter
of the imbalances that exist under the ICS Agreement.
10.4 If deliveries at Canyon point(s) of receipt 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
transportation charge under this Rate Schedule ICS 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