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.