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Original Sheet No. 42 Original Sheet No. 42 : Superseded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