Midwest Gas Storage, Inc.

First Revised Volume No. 1

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Effective Date: 05/15/1994, Docket: CP90-454-004, Status: Effective

Original Sheet No. 514 Original Sheet No. 514 : Effective

 

 

any liability to Shipper, or any other person, all or such

part of said excess delivery as Midwest deems necessary,

and shall notify Shipper accordingly.

 

4.7 Monthly Balancing. At the end of each month, Midwest will

aggregate a Shipper's daily imbalances. This monthly

imbalance may not exceed 1.5 times the Shipper's Maximum

Daily Quantity. Following receipt of Monthly statements

and this determination of any monthly imbalance, the

parties shall adjust the receipts and deliveries of Gas as

soon as practicable, but no later than the end of the

following Month, to balance any excess or deficiency in

order for Shipper to receive Equivalent Quantities.

Shippers who fail to resolve completely their monthly

imbalances by making appropriate in-kind nominations are

subject are subject to the following monetary resolution:

Midwest will buy any overages at a price equal to 50% of

the Midcontinent Spot Price index (as defined in Section

1.12), less the maximum storage charges, and Midwest will

charge the Shipper 150% of the Midcontinent Spot Price

Index plus the maximum storage charges for any underages,

unless Midwest and the Shipper mutually agree upon some

alternative resolution plan. To the extent a Shipper's

monthly imbalance exceeds 1.5 times the Shipper's Maximum

Daily Quantity, Shipper is also subject to the Excess

Monthly Imbalance Charge, set forth on Sheet No. 4.

 

4.8 Final Balancing. In the event the quantities of Gas

received and delivered are not in balance at the end of the

term of the ISS Agreement or at the end of the Summer

Period under a FSS Agreement, then such balance shall be

achieved within sixty (60) Days after determination of such

imbalance by extending receipts or deliveries as applicable

at the appropriate Point(s) of Receipt or Point(s) of

Delivery until such balance is achieved or by such other

method as is then mutually agreed upon by the parties

hereto. This sixty-day clear-up period shall be extended

proportionately if, and to the extent that, Shipper's

failure to withdraw properly nominated quantities is caused

by Midwest's inability due to operating or force majeure

conditions to accommodate Shipper's requests for

withdrawal. If imbalances remain at the conclusion of the

sixty-day clear-up period or the termination of the agreed-

upon alternative resolution mechanism, the imbalance