K O Transmission Company
Original Volume No. 1
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Effective Date: 11/01/2010, Docket: RP10-1231-000, Status: Pending
Third Revised Sheet No. 97 Third Revised Sheet No. 97
Superseding: Second Revised Sheet No. 97
GENERAL TERMS AND CONDITIONS (continued)
12. Nominating, Scheduling and Monitoring (con't.)
(b)
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.
(c)
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