Monroe Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/29/2009, Docket: RP09-447-000, Status: Effective

Original Sheet No. 145 Original Sheet No. 145

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

7. PRIORITY, INTERRUPTION OF SERVICE AND OPERATIONAL FLOW ORDERS (Continued)

 

7.4 Operational Flow Orders (Continued)

 

(h) Penalties (continued)

 

(2) Any penalty revenue collected by Operator pursuant to this

Section 7.4(h) shall be credited to those Firm and

Interruptible Customers that did not incur the OFO pursuant

to Section 7.4 herewith in the Month for which the 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 July 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 Operator's penalty disbursement report;

provided, however, that Operator will calculate and include

such credits on Non-Offending Customer's invoices for a

period shorter than twelve months in the event and to the

extent that the total accumulated amount of OFO penalty

revenue collected pursuant to this Section 7.4(h) by

Operator as of the end of any Month exceeds $1,000,000.

Operator will file a penalty disbursement report within

sixty (60) days of July 31 or sixty (60) days after the end

of the Month for which the 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.

 

(i) Liability. Operator shall not be liable for any costs incurred by

any Customer or point operator in complying with an OFO. Nor shall

Operator be responsible for any damages resulting from any

interruption in service that is a result of a Customer's or point

operator's failure to comply promptly and fully with an OFO, and

the non-complying Customer or point operator shall indemnify

Operator against any claims of responsibility. However, Operator

shall use reasonable efforts to minimize any such costs or

damages.