Natural Gas Pipeline Company Of America
Seventh Revised Volume No. 1
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Effective Date: 04/18/2008, Docket: RP08-319-000, Status: Effective
Original Sheet No. 494 Original Sheet No. 494 : Pending
GENERAL TERMS AND CONDITIONS
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38. RECOVERY OF ORDER NO. 636 GAS SUPPLY REALIGNMENT COSTS AND UPSTREAM
SUPPLIER TRANSITION COSTS
38.1 APPLICABILITY
This Section sets forth procedures pursuant to
Commission Order Nos. 636, et seq., for Natural to assess charges to
compensate it for Supply Realignment Costs and transition costs
assessed by upstream pipelines. Assessments under this Section 38,
ceased as of December 1, 2001 except for any remaining amounts under
Section 38.5.
38.2 DEFINITIONS
(a) SUPPLY REALIGNMENT COSTS
Supply Realignment Costs shall mean Contract
Reformation Costs, Auction Costs or Pricing Differential Costs. The
method of establishing Supply Realignment Costs shall be determined
by Natural as to each contract in its reasonable discretion
exercised to minimize costs. Natural may not include as Supply
Realignment Costs any punitive or exemplary damages, any costs or
category of costs already reflected in Natural's base rates or any
assessment of the costs of other parties.
(1) Contract Reformation Costs shall mean amounts
in cash or other consideration prudently incurred by Natural to
terminate, buydown or modify contracts or settle claims by suppliers
related to elimination or modification of supply commitments in
effect on November 30, 1993, to the extent that such amounts are
associated with a period subsequent to November 30, 1993. Such
amounts shall include payments to suppliers to buyout or buydown
contract volumes or prices under gas supply contracts; to terminate
such contracts; to reform volume, take-or-pay, minimum take, price
or any other pertinent terms of any gas purchase contract; to
satisfy damage awards to suppliers arising out of litigation related
to gas supply contracts to the extent such awards relate to periods
subsequent to November 30, 1993; or to cover the costs incurred by
such suppliers to third parties related to such contracts to the
extent recoverable from Natural under the terms of such contracts.
(2) Auction Costs apply where a contract is
assigned pursuant to an auction as provided by Section 4 of these
General Terms and Conditions, in which case the best bid shall
establish the level of Supply Realignment Costs.