Portland General Electric Company
Original Volume No. 1
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Effective Date: 12/03/2003, Docket: RP04- 48-000, Status: Effective
Original Sheet No. 72 Original Sheet No. 72 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
13. OPERATING CONDITIONS (Continued)
of the days during which a Shipper fails to comply with an OFO for each
Dth of gas that does not comply. Transporter may in its reasonable
judgment waive on a nondiscriminatory basis penalties due to noncompliance
with an issued OFO. No penalties shall be assessed on Shipper for
noncompliance with an issued OFO when such OFO is due to force majeure
invoked by Transporter.
(f) Penalty Revenue Crediting. Transporter shall credit penalty revenues,
less reasonable administrative and operating costs, received by
Transporter pursuant to Section 13.13(e) during any month. Such credits
will be allocated to all firm capacity rights customers, except each
penalty revenue credit shall be allocated only to those customers who were
not assessed any such penalty in the month for which such penalty revenues
are to be credited. The credits will be allocated to the Specified
Customers pro rata in proportion to reservation revenue (total revenue,
net of credits from capacity releases as described in Section 20 of the
General Terms and Conditions, less volumetric charges and all surcharges)
received by Transporter from each and all of the Specified Customers for
each applicable month. Such revenue credits shall be reflected as a
credit billing adjustment to the next month's billings rendered after the
applicable month. In the event that such credit billing adjustments would
result in a credit total invoice to any Specified Customer, Transporter
will refund the credit billing adjustment to the Specified Customer in
cash within 15 days after determination of the amount of the credit due to
the Specified Customer.
(g) Shipper Not Liable. Shipper will not be liable for any
penalties which might otherwise be imposed by Transporter with respect
to any action taken by such Shipper in conformance with an OFO issued by
Transporter.
(h) Transporter Not Liable. Transporter will not be liable for any
damages, costs or expenses incurred as a result of an OFO.
(i) Reporting. Within ten (10) days after an OFO terminates,
Transporter will post a report containing information on the factors
that caused the OFO to be imposed and to be terminated.
13.15 Disaster Recovery Procedures. In the event of a disaster such
that Transporter's or Receiving Party's communication capability is not
available for confirmation and scheduling of gas receipts and
deliveries, nominations will remain in effect as confirmed for the most
current day, unless alternate emergency communication methods are
established.
13.16 Interconnect Balancing Agreements. Transporter may enter into and
operate pursuant to interconnect balancing agreements with other
pipelines or gas suppliers relating to operating procedures governing