K O Transmission Company
Original Volume No. 1
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Effective Date: 11/02/1998, Docket: RP99- 82-000, Status: Effective
Second Revised Sheet No. 97 Second Revised Sheet No. 97 : Effective
Superseding: First Revised Sheet No. 97
GENERAL TERMS AND CONDITIONS (continued)
12. Nominating, Scheduling and Monitoring (con't.)
(c)
Allocations. If confirming parties cannot agree on an allocation methodology, "pro
rata based upon confirmed nominations" shall be used as the default method. Types of
allocation methods include, but are not limited to, Ranked, Pro Rata, Percentage and
Swing. Month-end allocations shall be based on a measurement closing date of the fifth
business day after the business month. If actual quantities are not available,
quantities will be estimated by Transporter. Disputed allocations shall be communicated
to
Transporter within six months of the initial month-end allocation, with a three month
rebuttal. This time limitation shall not apply in the case of deliberate omission or
misrepresentation, or mutual mistake of fact. No party's other statutory or
contractual rights are affected by this provision.
(d)
Prior Period Adjustments. Prior period measurement adjustments will be taken back
to the production month and reflected as such on invoices, imbalance statements and
allocation statements. Measurement corrections shall be processed within six months of
the end of the flow month, with a three month rebuttal period. This time limitation
shall not apply in the case of deliberate omission or misrepresentation, or mutual
mistake of fact. No party's other statutory or contractual rights are affected by this
provision.
12.4 Shipper's Notice of Changes
Except for reasons of force majeure, as described in Section 18 (Force Majeure and
Curtailment) of the Tariff's General Terms and Conditions, Shipper shall notify
Transporter or cause Transporter to be notified at least 24 hours in advance of any
anticipated material change in the daily quantity of gas Shipper desires to deliver or
cause to be delivered to Transporter for transportation under Transporter's
Rate Schedules. If an unanticipated or force majeure event causes a material
change in the quantity of gas Shipper will deliver or cause to be delivered to
Transporter for transportation, Shipper shall notify or cause Transporter to be
notified as soon as possible after occurrence of that event. In the event of such
material changes, Shipper shall tender or cause to be tendered to Transporter such
estimated daily quantities at flow rates as close as possible to uniform hourly rates.
Departures by Shipper from the daily quantities that it has notified Transporter it
intends to tender to Transporter under a Rate Schedule shall be kept to a minimum and
in no event shall exceed the amount permitted by operating conditions.
12.5 Monitoring
(a) Transporter may monitor: (i) the daily tenders of gas by or on behalf of any
Shipper; (ii) the quantities delivered by an Intermediate Transporter on behalf of
Shipper; and (iii) the daily usage of gas by Shipper. Transporter may do so for the
purpose of monitoring on an hourly, daily, weekly, or monthly basis the quantities
being tendered to and delivered by Transporter and thereby maintain, as nearly as
possible, a concurrent balance between receipts and deliveries of gas. The approximate
quantities
determined by Transporter in that monitoring process shall be referred to herein as
Monitored Quantities.
(b) Monitoring may be performed by Transporter using either the estimates or
actual data received by Transporter pursuant to this Section or actual meter readings
by Transporter. Transporter may make reasonable adjustments to Shipper's Scheduled
Daily Delivery Quantity and Scheduled Daily Receipt Quantity based upon either the
Monitored Quantities or the actual data received by Transporter pursuant to the
provisions of this Section. Transporter may make such adjustments upon telephonic
notice to