Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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Effective Date: 08/04/2006, Docket: RP06-427-000, Status: Effective

Fifth Revised Sheet No. 738 Fifth Revised Sheet No. 738 : Effective

Superseding: Fourth Revised Sheet No. 738

RECEIPT POINT

OPERATIONAL BALANCING AGREEMENT (Continued)

 

 

3.2 Upon termination of this Agreement by either Transporter or

Controlling Party, Transporter will utilize an imbalance resolution procedure

in accordance with Article V of this ROBA.

 

 

ARTICLE IV

TERM

 

4.1 Term of Agreement - This Agreement shall become effective on

(specific date or triggering event) ____________________ and continue in full

force and effect for a primary period of one year, and from month to month

thereafter. Either party may terminate this Service Agreement after the

primary term in accordance with Article V.

 

 

ARTICLE V

TERMINATION

 

5.1 If the CIQ month-end tolerance level, as specified in Exhibit A to

this ROBA, is exceeded at a POR for two consecutive months, the ROBA shall be

immediately terminated by Transporter. Transporter will notify the

Controlling Party of such termination on the same day by telephone, electronic

communication mechanism or facsimile, with written notification to follow

within 24 hours. The CIQ tolerance level shall consist of the greater of the

average actual daily receipt volume at the POR for the most recent twelve-

month period ending one month prior to the effective date of this ROBA or

1,000 dkt and shall apply to both positive and negative cumulative imbalances.

This CIQ tolerance level may be amended on a prospective basis on May 1 of

each year, or at any time if operating conditions warrant, by either

Transporter or the Controlling Party. Such amended CIQ tolerance level must

be acceptable to Transporter. Transporter may, in the exercise of its

reasonable discretion and on a non-discriminatory basis, waive the immediate

termination of this ROBA if the CIQ level is exceeded for two consecutive

months.

 

5.2 If Transporter determines that force majeure, allocation,

interruption or any other condition or circumstance has arisen on any line

section and/or subsystem which restricts Transporter's ability to continue the

ROBA, Transporter will notify the affected Controlling Party by telephone,

electronic communication mechanism or facsimile, with written notification to

follow within 24 hours. In instances of allocation, Transporter shall notify

the Controlling Party in