K O Transmission Company
Original Volume No. 1
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Effective Date: 06/01/1997, Docket: RP97-339-000, Status: Effective
First Revised Sheet No. 067 First Revised Sheet No. 067 : Effective
Superseding: Original Sheet No. 067
GENERAL TERMS AND CONDITIONS (continued)
6. Operating Conditions (con't.)
Shipper that, within ten (10) days after receipt of notice from Transporter, fails
to comply with any of the terms of the applicable Rate Schedule and Service
Agreement with Transporter; provided however that Shipper's failure to comply
with the billing and payment requirements of this Tariff shall be governed by the
provisions of Sections 10 (Billing) and 11 (Payment) of the General Terms and
Conditions. Other provisions of such Rate Schedule notwithstanding, Transporter
shall have the right to take unilateral action to protect the integrity of its system
in the event Transporter, in its reasonable discretion, determines that immediate or
irreparable harm to facilities or operations will be caused by Shipper's failure to
comply with any of the terms of the applicable Rate Schedule, the terms of the
Shipper's Service Agreement with Transporter, and/or the General Terms and
Conditions of this Tariff.
6.5 Balancing at Termination of Service Agreement
(a)
Following the termination of a Service Agreement, Shipper under that Service
Agreement shall be required to correct any outstanding imbalance in receipts and
deliveries within sixty (60) days after Transporter determines, and notifies Shipper,
that such an imbalance exists, or within such longer period of time agreed to by
Shipper and Transporter (the "balancing period"). If, after the end of the balancing
period, Transporter determines that an imbalance continues to exist in Shipper's
account, Transporter shall resolve such imbalance as set forth below.
(b)
If Transporter determines that it delivered quantities to or for Shipper in excess
of the quantities tendered to Transporter by or for Shipper, Transporter shall
assess and collect from Shipper a penalty. Shipper shall pay Transporter
a penalty for each Dth of such outstanding imbalance, grossed up for the
Retainage percentages applicable. The penalty shall be the sum of: (i) 120% of
the Spot Market Price for the Month during which such quantities are made up by
Transporter; plus (ii) the cost of transporting such quantities at the total
effective maximum rate under Columbia Gulf Transmission Company's ITS-1 Rate
Schedule and Transporter's ITS Rate Schedule.
"Spot Market Price", for purposes of this Section, shall mean, for the
applicable month, the contract index price last published during the applicable
Month for gas delivered to Columbia Gulf Transmission Company at Rayne