Ngo Transmission, Inc.
Original Volume No. 1
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Effective Date: 11/22/2003, Docket: RP04- 67-000, Status: Effective
Original Sheet No. 89 Original Sheet No. 89 : Effective
(b) Balancing at Contract Termination: Following termination of
Shipper's service agreement, Shipper shall be required to
cure any remaining excess or deficiency in receipts and
deliveries, in kind or cash, unless the parties mutually
agree otherwise. The time for such cure shall be determined
by Transporter, but in no event shall such time be less than
thirty (30) days from the date of contract termination.
(c) Shipper Requirement to Cure Imbalances Prior to Contract
Termination: Shipper shall use best efforts to maintain
balance between scheduled quantities and quantities
delivered to, and received from, Transporter.
(i) Differences between (1) quantities received on to
Transporter's system on behalf of Shipper and (2)
quantities delivered from Transporter's system on
behalf of Shipper will be recorded as imbalances and
reported to Shipper on a monthly basis pursuant to the
invoicing provisions stated in Section 10 of these
General Terms & Conditions.
(ii) Transporter may require Shipper to cure an imbalance
in kind, or in cash to the extent that a "cash out"
price can be mutually agreed upon. The time for such
cure shall be determined by Transporter, but in no
event shall such time be less than 30 days from the
end of the Month in which the imbalance was incurred.
(iii) Netting and Trading Imbalances: Any Shipper using
multiple service agreements may cause Transporter to
net opposite imbalances across those agreements. Any
two Shippers may agree to trade equal quantities of
opposite imbalances, provided that such Shippers give
Transporter written notice of such trade within seven
days after such trade has been agreed upon. An entity
shall not be deemed a "marketing affiliate" solely by
reason of imbalance trading.
(iv) Notwithstanding anything else stated in this Section
9, nothing shall prevent Transporter from requiring
Shipper to cure an imbalance pursuant to, and in a
manner and time prescribed by, an Operational Flow
Order issued under Section 8 of these General Terms
and Conditions.