Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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Effective Date: 05/05/2006, Docket: RP00-107-010, Status: Effective

Fifth Revised Sheet No. 283 Fifth Revised Sheet No. 283 : Effective

Superseding: Fourth Revised Sheet No. 283

GENERAL TERMS AND CONDITIONS (Continued)

 

18. UNAUTHORIZED GAS (Continued)

 

Transporter's system. Alternatively, the proven owners may

otherwise cause the Unauthorized Gas quantities to be

transported to a delivery point on Transporter's system

pursuant to a transportation Service Agreement. Unless

waived by Transporter on a nondiscriminatory basis, the

party responsible for any Unauthorized Gas receipt must pay

Transporter an Unauthorized Gas Receipt Penalty of thirty

cents ($.30) per dkt to have the Unauthorized Gas quantities

released for transportation.

 

18.2.5 Claiming Unauthorized Gas: To claim Unauthorized Gas

quantities, the party responsible for any Unauthorized Gas receipt

shall submit a written plan for resolution thereof to Transporter

within the Return Period along with proof of ownership.

 

18.2.6 Reporting and Payment of Royalty, Tax, or Other Burdens:

Transporter shall not be obligated to account for or pay for any

royalty, tax or other such burdens associated with the

Unauthorized Gas quantities received by Transporter.

 

18.2.7 Notwithstanding the foregoing, Transporter shall have

the right to physically shut in the source of any Unauthorized

Gas.

 

18.2.8 Crediting of Confiscated Gas: Any volumes of gas

confiscated under Subsections 18.2.1 and 18.2.3 shall be included

as an offset to Transporter's Transmission Company Use and Lost

and Unaccounted for Gas as reflected in the Fuel Reimbursement

Adjustment Provision detailed in Section 38 of these General Terms

and Conditions.

 

18.2.9 Unauthorized Gas Receipt Penalty Credits: Transporter

shall credit to Qualifying Rate Schedule FT-1 and IT-1 Shipper(s)

any Unauthorized Gas Receipt Penalty revenues received, net of

Transporter's costs. For purposes of this Subsection, Qualifying

Rate Schedule FT-1 and IT-1 Shippers shall include those

Shipper(s) who did not themselves incur any Unauthorized Gas

Receipt Penalty obligations under Subsection 18.2.4.1 during the

month in which the Unauthorized Gas Receipt Penalty obligations

were incurred. Unauthorized Gas Receipt Penalty revenues to be

credited shall be calculated by summing the revenues received for

Unauthorized Gas Receipt Penalties less any costs incurred by

Transporter. If the sum is positive (net Unauthorized Gas Receipt

Penalty revenues