Cimarron River Pipeline, LLC

Original Volume No. 1

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Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective

Original Sheet No. 155 Original Sheet No. 155

 

GENERAL TERMS AND CONDITIONS

 

(f) Check Meters: Either party shall have the right and the sole

responsibility to install, maintain, and operate (including calibrating and

adjusting) check measurement equipment meeting the AGA-API measurement

equipment criteria referenced in Section 3.1 above, but they shall not

interfere with or impede operation of the primary measurement or other

equipment, and all calibrating and adjusting of check meters shall be done

by the installing party or its designee. Each party shall notify the other

seven Days prior to all testing and calibration of its meters so that the

other may have a representative present if desired. If the check

measurement is inaccurate or the applicable check meter maintenance records

from meters operated by any third party are not available, the parties will

use the next applicable alternate method under Subsection 4.2(c) above to

resolve the discrepancy. If Transporter is not the measuring party,

Transporter may install check measuring equipment meeting the referenced

AGA-API measurement equipment criteria at any Receipt Point or Delivery

Point and exercise check measurement rights as stated above. If Shipper is

not the measuring party, Shipper may install and operate check meters only

at Receipt Points, unless the Delivery Points are at Shipper's or its

Affiliate's pipeline, plant, or other receipt facilities.

 

4.3 Prior Period Adjustments:

 

(a) The deadline for closing of measurement data is five Business

Days after the delivery month. Measurement data available upstream of

aggregated points shall be sent to the allocating party and used to allocate

the aggregated quantity back to the upstream points. The measuring party

will estimate missing or late measurement data and treat actual results when

available as a prior period adjustment. For prior period adjustments,

Transporter will use reasonable efforts to make any adjustments effective as

of the delivery month. A meter adjustment becomes a prior period adjustment

if not made by the close of business on the fifth Business Day following the

delivery month. Transporter will report gas measurement prior period

adjustments with the restated line item with the new total quantity for the

Day and month affected.

 

(b) Measurement data corrections must be processed within six months

of the delivery month, with a maximum three month rebuttal period. Within

the six month period, upon written request by Shipper, Transporter will make

the records and data from the measuring equipment, together with

calculations there from, available for Shipper's inspection and

verification. After the six month period, and if applicable, the rebuttal

period, measurement results are considered final and are no longer subject

to review or correction. However, this limitation shall not apply in cases

of deliberate omissions or misrepresentations, or in cases of mutual mistake

of fact. The parties' other statutory or contractual rights shall not

otherwise be diminished by this standard.