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. 36 3rd Revised Sheet No. 36 : Effective
Superseding: 2nd Revised Sheet No. 36
2. Within thirty-five (35) days of the date of the Transporter's notice, Shipper shall
tender or cause to be tendered to Transporter Dekatherms of gas equal to the unauthorized
overrun quantity that Shipper took or caused to be taken at the Delivery Point. If Shipper
within such thirty-five (35) day period fails to tender or cause to be tendered
to Transporter such excess Dekatherms, then Shipper shall pay Transporter the
amount set forth below. If the unauthorized overrun quantity occurs during a
period in which it does not adversely affect reliability of service or adversely
impair pipeline integrity, the overrun 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 overrun amount occurs during
a period in which it adversely affects reliability of service or adversely
impairs pipeline integrity, the overrun payment to Transporter shall be equal
to Five Dollars ($5.00) per Dekatherm times the unauthorized overrun quantity
which is in excess of 1550 Dekatherms or ten percent (10%) of the sum of the
Equivalent Quantities for the applicable month, whichever is greater. (Such gas
that is less than the 1550 Dekatherms or ten percent (10%) of the sum of the
Equivalent Quantities for such month are hereinafter referred to as the
Allowable Overrun Gas) The making of this payment shall not relieve Shipper of
Shipper's obligation to deliver to Transporter the Dekatherms that equal the
Allowable Overrun Gas. If Shipper fails to deliver to Transporter such Allowable
Overrun Gas within a sixty (60) day period 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 Overrun Gas.
3. The obligation to make overrun payments for an unauthorized overrun
quantity shall not under any circumstances be considered as giving any Shipper
the right to take or cause to be taken unauthorized overrun quantities nor shall
such payment be considered as a substitute for any other remedies available to
Transporter or any other Shipper against the offending Shipper for failure to
respect its obligation to adhere to the provisions of its contract(s) with
Transporter.
4. Transporter shall have no liability to any person on account of a
Shipper's failure on any day 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 taking of an unauthorized overrun quantity by another Shipper.
XXIII. UNAUTHORIZED MONTHLY UNDERRUN AT DELIVERY POINT AND REMEDY
1. If during any month the sum of Shipper's Equivalent Quantities for each
Delivery Point for each day of such month exceeds the gas actually taken by
Shipper during such month at any such Delivery Point, said quantity shall
constitute an unauthorized underrun quantity. Within 25 days of the end of the
month in which such unauthorized underrun quantities accrued Transporter shall
send Shipper notice of such unauthorized underrun quantities.
2. Within thirty-five (35) days of the date of the Transporter's notice to
Shipper of the unauthorized underrun quantity, Shipper shall correct such
unauthorized underrun. If Shipper fails to correct such unauthorized underrun
within such thirty-five (35) day period, then Shipper shall pay to Transporter
the amount set forth below. If the unauthorized underrun quantity occurs during
a period in which it does not adversely affect reliability of service or
adversely impair pipeline integrity, the underrun 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 underrun
amount occurs during a period in which it adversely affects reliability of
service or adversely impairs pipeline integrity, the underrun payment to
Transporter shall be equal to Two Dollars ($2.00) times the unauthorized
underrun quantity which is in excess of 1550 Dekatherms or ten percent (10%) of
the sum of the scheduled Equivalent Quantities for such month, whichever is
greater. Shipper shall take delivery of such unauthorized underrun quantity
within sixty-five (65) days after such notice. If Shipper fails to take delivery
of such unauthorized underrun quantity within such sixty-five (65) day period,
then Shipper shall pay to Transporter an amount equal to Two Dollars ($2.00) per
Dekatherm times the unauthorized underrun quantity for such period and for
each additional thirty (30) day period that such gas stays on the system.
3. Imbalance penalties hereunder are based on the difference between actual
receipts and actual deliveries, rather than scheduled quantities
.