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. 239 Original Sheet No. 239
GENERAL TERMS AND CONDITIONS
13. RESOLUTION OF IMBALANCES
13.1 Responsibility to Control Imbalances:
(a) A Shipper receiving any transportation service from Transporter
will use, or will cause any party delivering or receiving Shipper's gas to
use, all reasonable efforts to ensure that receipts and deliveries of gas
are equal to Shipper's scheduled quantities at the Receipt and Delivery
Points pursuant to Shipper's TSA(s).
(b) Transporter will use all reasonable efforts to ensure that
delivery of gas pursuant to its TSA(s) is equal to Shipper's scheduled
quantities at the Delivery Point(s).
13.2 Resolution of Monthly Imbalances:
(a) Shipper and Transporter shall use all reasonable good faith
efforts to minimize imbalances and to eliminate any imbalances that occur as
soon as possible, taking into consideration (i) Transporter's commitments to
other Shippers, (ii) the period allowed for cure by affected downstream
pipeline(s) to avoid or minimize penalties that may be levied by them, and
(iii) the operational integrity of Transporter's facilities.
(b) Based on the information provided by Transporter to Shipper,
Shipper shall take prompt action to correct any imbalances by making
appropriate adjustments in Shipper's nominations, receipts, and deliveries
over the remainder of the Day or month, as applicable, to restore a balance
of receipts and deliveries on Transporter's system, as applicable (unless
Transporter directs Shipper to correct an imbalance over a shorter time to
avoid penalties or for operational reasons).
(c) If on any Day Transporter determines that Shipper's cumulative
actual receipts (adjusted for Fuel Reimbursement) and cumulative actual
deliveries are out of balance in excess of 5% of scheduled deliveries for
the month and Shipper fails to take corrective action as stated in
Subsection 13.2(b), then, upon two (2) days prior notice to Shipper (which
notice may be provided initially by telephone and followed by a written
confirmation), Transporter may adjust Shipper's nominations, receipts, and
deliveries over the remainder of the month or any shorter period deemed
necessary by Transporter to restore a balance of receipts and deliveries.
Nothing in this Section will affect Transporter's ability to issue an OFO
pursuant to Section 15.
(d) Transporter shall have no liability to Shipper(s) as a result of
imbalances incurred on downstream pipeline(s).