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. 75 Original Sheet No. 75 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
14. DETERMINATION OF DELIVERIES AND IMBALANCES (Continued)
Transporter may in its reasonable judgment waive any penalties
hereunder and shall waive any penalties due to Receiving Party/Shipper
Imbalances which result from errors made by Transporter or which result
from force majeure invoked by Transporter.
14.3 Receiving Party Imbalances and Penalties. If Receiving Party's
cumulative monthly Receiving Party Imbalance is more than 500 Dth or 2
percent, above or below total confirmed nominations for that month,
whichever is greater, Transporter shall notify Receiving Party that
Receiving Party Imbalances exceed allowed tolerances. Such notice shall
be provided by the fifteenth day of the month following the month service
is rendered. Transporter will notify Receiving Party of any Receiving
Party Imbalances, and specify whether a penalty situation exists.
Receiving Party will be given 15 non-entitlement days from the date of
notification by Transporter to eliminate any Receiving Party Imbalances.
If at the end of such 15 non-entitlement day period Receiving Party
remains in a penalty situation, Receiving Party shall pay a penalty to
Transporter equal to the greater of $25.00/Dth or two times the first of
the month price at Sumas, Washington for the month following the imbalance
month on the imbalance over the greater of 500 Dth or 2%, as described
above. This penalty will only be imposed if Transporter's system integrity
is imperiled and Transporter has given notice of such system imperilment to
Receiving Parties. Receiving Party Imbalances shall be
cumulative and Receiving Party must specifically adjust nominations as
necessary to eliminate such imbalances.
14.4 Receiving Party Imbalance Netting. Upon Shipper's request,
Transporter will net Receiving Party Imbalances with Receiving Party
Imbalances, and Receiving Party Imbalances with Shipper Imbalances (as
defined in Section 14.7 hereof), between a Shipper's Service Agreements,
provided that Shipper will reimburse Transporter for any difference in
transportation revenues that may result from such netting. In any case,
a Shipper netting a positive Shipper Imbalance (Transporter owes Shipper)
for a negative Receiving Party Imbalance (Receiving Party owes
Transporter) will be subject to volumetric transportation charges for the
delivery of that imbalance quantity. Netting between a Shipper's Service
Agreements, when offsetting a Receiving Party Imbalance with a Shipper
Imbalance, will be limited to a maximum quantity equal to the smallest
imbalance under the agreements being netted. If a Receiving Party fails
to eliminate Receiving Party Imbalances within the allowed period
referenced above, in addition to any penalties applied hereunder,
Transporter shall have the right to adjust nominations, receipts or
deliveries in order to achieve a balance. Receiving Party imbalances may
also be eliminated by trading imbalances between Service Agreements with
third parties as set forth in Section 14.9.