Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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Effective Date: 07/20/2003, Docket: RP03-527-000, Status: Effective

Third Revised Sheet No. 739 Third Revised Sheet No. 739 : Effective

Superseding: Second Revised Sheet No. 739

RECEIPT POINT

OPERATIONAL BALANCING AGREEMENT (Continued)

 

accordance with the timelines defined in Section 9 of the General Terms and

Conditions of Transporter's Tariff. In instances of force majeure or

interruption, Transporter shall notify the Controlling Party as soon as

possible after obtaining knowledge of such event. After such notification,

the daily imbalance tolerance on any gas day shall not exceed the greater of

200 dkt or 10% of the total remaining scheduled volumes for such gas day at

the POR. The imposition of the greater of 200 dkt or 10% daily tolerance

shall remain in effect for each consecutive gas day until Transporter notifies

Controlling Party that the event has ended. If the greater of 200 dkt or 10%

daily tolerance is exceeded at such POR on any three consecutive gas days,

upon notification by Transporter of such tolerance being exceeded, the ROBA

will be immediately terminated by Transporter. Transporter will notify the

Controlling Party of such termination by telephone, electronic communication

mechanism or facsimile, with written notification to follow within 24 hours.

Transporter may, in the exercise of its reasonable discretion and on a non-

discriminatory basis, waive the imposition of the greater of 200 dkt or 10%

daily tolerance to overdeliveries at the POR during delivery allocation or

interruption or to underdeliveries at the POR during receipt allocation or

interruption.

 

5.3 Regardless of the conditions set forth in Sections 5.1 and 5.2

above, either Party may terminate this agreement upon the giving of at least

24 hours notice to the other Party by telephone, electronic communication

mechanism or facsimile. Written notification must follow any such termination

notification within 24 hours.

 

5.4 If a ROBA is terminated by either Transporter or the Controlling

Party, the Controlling Party cannot request a new ROBA with Transporter until

the 120th day from the date of termination. Transporter may, in the exercise

of its reasonable discretion and on a non-discriminatory basis, waive the 120

day requirement and reduce it to a 30 day requirement. However, Transporter

will be under no obligation to enter into a new ROBA with a Controlling Party

that has been previously terminated and may refuse such request so long as

such refusal is made on a non-discriminatory basis.

 

5.5 Termination Obligations - Termination of this Agreement shall not

relieve the Parties of the obligation to eliminate any CIQ existing on the

date of termination. The Controlling Party shall have a 30-day correction

period starting from the date of termination of the ROBA in which to resolve

the disposition of any such CIQ. To