Stingray Pipeline Company, L. L. C.

Third Revised Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-436-000, Status: Effective

Third Revised Sheet No. 137 Third Revised Sheet No. 137

Superseding: Second Revised Sheet No. 137

 

GENERAL TERMS AND CONDITIONS

 

12. UNAUTHORIZED DELIVERY OF GAS

 

12.1 DEFINITION

 

"Unauthorized Gas" shall mean any volume of Gas delivered to

Stingray that Stingray cannot identify as being delivered

pursuant to a transportation nomination on behalf of an

existing Shipper.

 

12.2 APPLICABILITY NOTICE AND CLAIMS

 

All Unauthorized Gas shall be subject to this Section.

Stingray shall give notice in writing to the owner/Shipper

of the Unauthorized Gas (if known) and to the operator of

the applicable supply point where the Unauthorized Gas was

received, that said Unauthorized Gas is subject to these

provisions and will be posted on the Internet Web Site. In

addition, on the first Business Day following the fifteenth

of each Month, Stingray shall post on the Internet Web Site

the volume, date first received on Stingray's System, and

point of receipt of any Unauthorized Gas received

("Notice"). The initial posting will remain on the Internet

Web Site until a Valid Claim has been submitted or until at

least ninety (90) Days after the initial posting of the

Notice. In order to be a Valid Claim for purposes hereof, a

claim must: (a) be provided to Stingray in writing; (b)

identify the specific Unauthorized Gas delivered; (c)

provide independent evidence of ownership of the

Unauthorized Gas claimed; and (d) agree to indemnify

Stingray fully with respect to any adverse claims to

ownership of the Gas or to the proceeds resulting from the

sale thereof. In addition, the Unauthorized Gas must be

nominated to an effective transportation Agreement with

Stingray that contains the Receipt Point at which

Unauthorized Gas was received ("Valid Nomination") in order

to prevent the accrual of further penalties under Section

12.3 hereof.

 

12.3 TREATMENT OF UNAUTHORIZED GAS

 

(a) If a Valid Claim and Valid Nomination are submitted

within three (3) Business Days of the posting of the

Notice, no penalty shall be assessed under this

Section but the provisions contained within Section 10

of these General Terms and Conditions shall apply

fully to such nominations and receipts.