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.