K O Transmission Company
Original Volume No. 1
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Effective Date: 07/10/2004, Docket: RP00-394-003, Status: Effective
Second Revised Sheet No. 123 Second Revised Sheet No. 123 : Effective
Superseding: First Revised Sheet No. 123
GENERAL TERMS AND CONDITIONS (continued)
20. Penalties
The penalties set forth in this Section apply to Rate Schedules FTS and ITS,
unless otherwise indicated in this Section or in individual Rate Schedules.
20.1 Takes in Excess of Total Firm Entitlement (TFE)
If Shipper's takes on any day exceed 103 percent of the Total Firm Entitlement
(TFE), Shipper shall be assessed and pay a penalty of $10.00 per dekatherm for
quantities taken in excess of 103 percent of its TFE.
20.2 Failure to Interrupt Service
If Shipper fails to interrupt service as directed by Transporter pursuant to
Section 17 (Non-emergency Service Interruption) and Section 18 (Force Majeure
and Curtailment) of the Tariff's General Terms and Conditions, and thereby
delivers gas to or takes gas from Transporter in excess of 103 percent of the sum
of the lowered Scheduled Daily Receipt Quantity or Scheduled Daily Delivery
Quantity under all applicable Rate Schedules set by Transporter's Interruption
Order, Shipper shall be assessed and pay penalties of $5.00 per Dth on the first
three percent (3%) of quantities taken or delivered in excess of its Scheduled
Daily Receipt Quantity or Scheduled Daily Delivery Quantity, and $10.00 per Dth
for quantities taken or delivered in excess of 103 percent of its Scheduled Daily
Receipt Quantity or Scheduled Daily Delivery Quantity. The penalties set forth in
this Section and in Section 20.1 above shall not be both assessed for the same
actions by a Shipper.
20.3 Failure to Comply with Operational Flow Orders
If Shipper fails to comply with an operational flow order issued by Transporter
pursuant to Section 19 (Operational Flow Orders) of the General Terms and
Conditions, a penalty of $5.00 per Dth per day shall be assessed on all quantities
taken or delivered in violation of that operational flow order.
20.4 Miscellaneous
(a)
All penalties and charges assessed under this Section shall be paid in addition