Trailblazer Pipeline Company
Fourth Revised Volume No. 1
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Effective Date: 12/28/2007, Docket: RP08-168-000, Status: Effective
Original Sheet No. 260 Original Sheet No. 260 : Effective
GENERAL TERMS AND CONDITIONS
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40.10 USE OF PENALTY FUNDS
All amounts collected by Trailblazer, and attributable to a
period after April 30, 2003, for Unauthorized Overrun Charges, under the
cash-out provision of this Tariff in excess of cash-out costs and for
failure to comply with an Operational Flow Order, including during a
Critical Time, shall be allocated and distributed to Shippers within
twenty (20) days after the end of each calendar quarter, commencing with
the quarter ended September 30, 2003. The first distribution will be
within twenty (20) days after September 30, 2003. Such allocations and
distributions are to be made as follows:
(a) These amounts will be used to compensate Trailblazer
for any cash-out expenses and for any costs it has incurred (including
any compensation Trailblazer agreed to provide for voluntary actions) to
alleviate the conditions which resulted in the imbalance, in the
unauthorized overrun, in issuance of Operational Flow Orders or in
declaration of Critical Time. If these amounts are not adequate to
reimburse Trailblazer for cash-out expenses, the unrecovered cash-out
expenses shall be carried forward to future quarters until recouped.
(b) Any remaining amounts will be refunded pro rata, based
on a Shipper's total reservation and commodity charges paid during the
quarter, to all Shippers; excluding, however, any Shipper which failed
to comply with an Operational Flow Order or which had an Unauthorized
Overrun. A Shipper's eligibility for refunds shall be determined on a
monthly basis and a Shipper which failed to comply with any Operational
Flow Order or which had an Unauthorized Overrun shall be excluded from
refunds only for the month in which that event occurred. Where capacity
has been released, amounts shall be distributed to the original Shipper,
except in the case of a permanent release where amounts shall be
distributed to the Replacement Shipper.
(c) Any costs incurred in excess of penalty revenues will
be carried forward to the next quarter's calculation with interest at
the rate set forth in 18 C.F.R. 154.501(d)(1).
40.11 STANDARDS
(a) In issuing Operational Flow Orders or taking other
operational control action under this Section, Trailblazer shall apply
consistent and objective engineering and operational criteria to define
the overall operational integrity of the system and acceptable pressure
levels to be protected, to evaluate the imminent nature of any threat to
these factors, and to determine what steps are necessary to preserve
such factors. Such criteria may be changed from time to time as
operating experience indicates.