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