National Fuel Gas Supply Corporation
Fourth Revised Volume No. 1
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Effective Date: 01/01/2002, Docket: RP00-399-004, Status: Effective
First Revised Sheet No. 400 First Revised Sheet No. 400 : Effective
Superseding: Original Sheet No. 400
GENERAL TERMS AND CONDITIONS
15. UNAUTHORIZED TENDERS AND RECEIPTS (Cont'd.)
(c) Otherwise, the unauthorized tender or receipt shall be subject
to a charge equal to $10 per Dth plus the Cost of Gas, as
defined below.
(d) Charges for unauthorized tenders and receipts shall not be
assessed if Shipper (or Operator, as the case may be) adjusts
its tenders or receipts within the time period applicable to
Transporter notice; or if the unauthorized tenders or receipts
occurred at an interconnection identified on Transporter's Web
Site as a point where Transporter has complete and unrestricted
control of gas deliveries.
(e) Amounts collected by Transporter under this provision shall be
subject to the provisions of Section 14.8(b) of these General
Terms and Conditions.
(f) The payment of a charge for unauthorized tenders or receipts
shall not under any circumstances be considered as giving such
party the right to make unauthorized tenders or receipts; nor
shall such payment foreclose Transporter or any other party
from pursuing any available remedy against the offending party
for making such unauthorized tenders or receipts. The second
clause of Subsection (d) hereof shall not be applicable to any
unauthorized receipts resulting from a Shipper's failure to
return gas advanced by Transporter pursuant to Section 2.11 of
the EFT Rate Schedule Section 2.3 of the IAS Rate Schedule, or
Section 2.3 of the IAS Rate Schedule or Section 2.3 of IR-1
and IR-2 Rate Schedules.
(g) For purposes of this Subsection 15.3, the "Cost of Gas" shall
mean the sum of (i) midpoint of gas prices at Niagara (NFG,
Tenn) as reported in Gas Daily's Daily Price Survey for the
day in question and (ii) any penalties billed to Transporter
by another pipeline in consequence of the unauthorized tender
or receipt by Shipper; provided, however, that if Transporter
makes a purchase of gas in direct response to one or more
particular unauthorized receipt(s), the price at which such
gas is purchased, if higher than the index price set forth in
clause (i) above, shall apply in lieu of such index price.