Oktex Pipeline Company

Original Volume No. 1

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Effective Date: 04/15/2002, Docket: RP01-183-001, Status: Effective

3rd Revised Sheet No. 35 3rd Revised Sheet No. 35 : Effective

Superseding: 2nd Revised Sheet No. 35

4. The sole remedy of any person for a Shipper's failure during any month to

receive delivery of the quantity of natural gas to which it was entitled under its

contracts with Transporter, where such failure was caused by the delivery of

unauthorized overdelivery quantity by another Shipper, shall be against the

offending Shipper, and Transporter shall have no liability to such person.

 

XXI. UNAUTHORIZED MONTHLY UNDERDELIVERY AT RECEIPT POINT AND REMEDY

 

1.If during any month the sum of Shipper's scheduled Input Quantities for any

Receipt Point for each day of such month exceeds the total quantity of gas actually

tendered or caused to be tendered to Transporter by or on behalf of Shipper during

such month at such Receipt Point said quantity shall constitute an unauthorized

underdelivery quantity. Within 25 days of the end of the month in which such

unauthorized underdelivery quantities accrued Transporter shall send Shipper notice

of such unauthorized underdelivery quantities.

 

2. Within thirty-five (35) days of the date of the Transporter's notice to

Shipper of the unauthorized underdelivery quantity, Shipper shall correct such

underdelivery by tendering or causing to be tendered to Transporter the Dekatherms

of gas that were underdelivered, provided, however, that Transporter may require

that Shipper take corrective action within a shorter period of time if Transporter,

in its reasonable discretion, determines that corrective action within such shorter

period of time is necessary to protect the integrity of Transporter's system. If

Shipper fails to correct such problem within such thirty-five (35) day period, then

Shipper shall pay to Transporter the amount set forth below. In the event the

Unauthorized underdelivered quantity occurs during a period in which it does not

adversely affect reliability of service or adversely impair pipeline integrity,

the underdelivery payment to Transporter shall be equal to two times the maximum

interruptible transportation rate for the system affected plus the Fuel and Use

quantity. If the unauthorized underdelivery amount occurs during a period in

which it adversely affects reliability of service or adversely impairs pipeline

integrity, the underdelivery payment to Transporter shall be equal to Five

Dollars ($5.00) per

Dekatherm times the unauthorized underdelivery quantity which is in excess of

1550 Dekatherm or ten percent (10%) of the gas actually tendered or caused to be

tendered by Shipper during the applicable month, whichever is greater.(Such gas

which is less than the 1550 Dekatherm or ten percent (10%) of the gas tendered

or caused to be tendered is hereinafter referred to as the Allowable Imbalance

Gas) The making of this payment shall not relieve Shipper of Shipper's

obligation to deliver to Transporter the Allowable Imbalance Gas. If Shipper

fails to deliver to Transporter such Allowable Imbalance Gas within a period of

sixty (60) days after the end of the contract term, then Shipper shall pay to

Transporter an amount equal to Five Dollars ($5.00) per Dekatherm times the

Allowable Imbalance Gas.

 

3. The sole remedy of any person for a Shipper's failure during any month to

receive delivery of the quantity of natural gas to which it was entitled under

its contracts with Transporter, where such failure was caused by the delivery

of an unauthorized underdelivery quantity by another Shipper, shall be against the

offending Shipper, and Transporter shall have no liability to such person.

 

XXII. UNAUTHORIZED MONTHLY OVERRUN AT DELIVERY POINT AND REMEDY

 

1. If any Shipper should during any month take or cause to be taken at any

Delivery Point, under the applicable Rate Schedule and without Transporter's

authorization, a quantity of natural gas which exceeds the sum of Shipper's

Equivalent Quantity for such Delivery Point for such month, said quantity shall

constitute an unauthorized overrun quantity. Unless authorized by Transporter,

all overrun quantities are unauthorized, provided, however, that no gas made

available to or on behalf of Shipper at Delivery Point(s) where Transporter has

complete and unrestricted control of gas deliveries shall be considered an

unauthorized overrun quantity. Within 25 days of the end of the month in which

such unauthorized overrun quantities accrued Transporter shall send Shipper

notice of such unauthorized overrun quantities.