Steckman Ridge, LP
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective
Original Sheet No. 268 Original Sheet No. 268
GENERAL TERMS AND CONDITIONS
(Continued)
14. ACTION ALERTS AND OPERATIONAL FLOW ORDERS (continued)
14.9 Penalties: All quantities tendered to Steckman Ridge and/or taken
by Customer on a daily basis in violation of an Action Alert or
OFO shall constitute unauthorized receipts or deliveries for which
the applicable Action Alert or OFO penalty charge stated below
shall be assessed.
(a) Action Alert penalty charge for each Dekatherm of Gas by
which Customer deviated from the requirements of the Action
Alert equal to an Action Alert Index Price calculated as
110% of the applicable daily Gas Daily posting for
Customer's Transporter on whose pipeline the deviation
occurred for the day on which the deviation occurred,
multiplied by the quantity by which the Customer deviated
from the requirements of the Action Alert.
(b) OFO penalty charge for each Dekatherm of Gas by which
Customer deviated from the requirements of the OFO equal to
an OFO Index Price calculated as three (3) times the
applicable daily Gas Daily posting for Customer's
Transporter on whose pipeline the deviation occurred for the
day on which the deviation occurred, multiplied by the
quantity by which the Customer deviated from the
requirements of the OFO.
Any penalty revenue collected by Steckman Ridge pursuant to this
Section 14.9, less any costs incurred by Steckman Ridge in an
attempt to mitigate an Action Alert or OFO and the resulting
penalties, shall be credited to those firm, enhanced and
interruptible Customers that did not incur Action Alert or OFO
penalties pursuant to this Section 14.9 in the Month for which
Action Alert or OFO penalty revenues were received ("Non-Offending
Customers"), based on the ratio of the total charges paid during
that Month by the Non-Offending Customer to the sum of the total
charges paid during that Month by all Non-Offending Customers.
Such credits shall be calculated for each Month of the twelve (12)
Month period ending August 31 of each year, and will be included
on the Non-Offending Customer's invoice for the Month following
the date of the final Commission order approving Steckman Ridge's
penalty disbursement report; provided however that Steckman Ridge
will calculate and include such credits on Non-Offending
Customers' invoices for a period shorter than twelve Months in the
event and to the extent that the total accumulated amount of
Action Alert or OFO penalty revenue collected pursuant to this
Section 14.9 by Steckman Ridge as of the end of any month exceeds
$1,000,000. Steckman Ridge will file a penalty disbursement
report within sixty days of August 31 or sixty days after the end
of the Month for which revenue collected exceeds $1,000,000. Any
penalty revenue credited to Non-offending Customers pursuant to
this section shall include interest calculated in accordance with
Section 154.501(d) of the Commission's regulations.