Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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Effective Date: 03/13/2009, Docket: RP09-356-001, Status: Effective

Substitute Fifth Revised Sheet No. 283C Substitute Fifth Revised Sheet No. 283C

Superseding: Fifth Revised Sheet No. 283C

 

GENERAL TERMS AND CONDITIONS (Continued)

 

18. UNAUTHORIZED GAS (Continued)

 

quantities; provided, however, that any such resolution must be in

a manner acceptable to Transporter. If the matter of the

unauthorized delivery quantities remains unresolved after this

period, the party responsible for taking such quantities of

outstanding Unauthorized Gas deliveries shall pay the applicable

balancing and nomination variance penalties in accordance with

Section 15 of these General Terms and Conditions.

 

18.3.3 Nothing herein shall limit Transporter's right to take

any actions required to maintain the safety and integrity of its

system operations, including the right to physically prevent a

party from taking delivery of any Unauthorized Gas.

 

18.3.4 Transporter may, in the exercise of its reasonable

discretion, and on a nondiscriminatory basis, waive all or a part

of the Unauthorized Gas penalties which might otherwise apply.

Transporter shall maintain a record of all such waivers granted to

an affiliate. Such record shall include the basis for Transporter

granting the waiver and shall be posted on Transporter's Website.

 

18.3.5 Unauthorized Gas Delivery Penalty Credits: Transporter

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

any Unauthorized Gas Delivery Penalty revenues received from any

of Transporter's Shippers, net of Transporter's costs. For

purposes of this Subsection, Qualifying Rate Schedule FT-1 and IT-

1 Shippers shall include those Shippers who did not themselves

incur any Unauthorized Gas Delivery Penalties under Subsection

18.3.1.2 during the month in which the Unauthorized Gas Delivery

Penalties were incurred. Unauthorized Gas Delivery Penalty

revenues to be credited shall be calculated by summing the

revenues received for Unauthorized Gas Delivery Penalties less any

costs incurred by Transporter. If the sum is positive (net

Unauthorized Gas Delivery Penalty revenues exceed net costs)

Transporter shall credit such excess revenues to the Qualified

Shipper(s). If the sum is negative (net Unauthorized Gas Delivery

Penalty revenues are less than net costs) Transporter shall carry

over such amount to the subsequent month and include it in such

subsequent month's calculation until Transporter is made whole.

The portion of any Unauthorized Gas Delivery Penalty revenues to

be credited to each Qualifying Shipper shall be based on the ratio

of each Qualifying Shipper's applicable monthly transportation

delivery quantities to the total of the Qualifying