Rendezvous Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 02/08/2007, Docket: RP07- 6-000, Status: Effective
Original Sheet No. 39 Original Sheet No. 39 : Pending
15.6 Failure to Comply with OFO. If Shipper (or Shipper's
designee or successor) fails to comply with the terms
of an OFO for reasons other than force majeure such
Shipper, its designee or successor shall be liable for
a penalty equal to the greater of twenty-five dollars
($25.00) or four (4) times the highest absolute price
at Kern River/Opal as reflected in the Daily Price
Survey in Platt's Energy Trader "Gas Daily" for each of
the Days during which a Shipper fails to comply with an
OFO for each Dth of Gas that does not comply.
Transporter may in its reasonable judgment waive on a
nondiscriminatory basis penalties due to noncompliance
with an issued OFO. No penalties shall be assessed on
Shipper for noncompliance with an issued OFO when such
OFO is due to force majeure invoked by Transporter.
15.7 OFO Penalty Revenue Crediting. Transporter shall
credit penalty revenues, less reasonable administrative
and operating costs, received by Transporter during any
Month. Such credits will be allocated to all firm and
interruptible transportation customers (collectively,
the "Specified Customers"), except each penalty revenue
credit shall be allocated only to those customers who
were not assessed any such penalty in the Month for
which such penalty revenues are to be credited. The
credits will be allocated to the Specified Customers
pro rata in proportion to the revenue (total revenue,
net of credits from capacity releases as described in
Section 19 of the General Terms and Conditions, less
all surcharges) received by Transporter from each and
all of the Specified Customers for each applicable
Month. Such revenue credits shall be reflected as a
credit billing adjustment to the next Month's billings
rendered after the applicable Month. In the event that
such credit billing adjustments would result in a
credit total invoice to any Specified Customer,
Transporter will refund the credit billing adjustment
to the Specified Customer in cash within fifteen (15)
Days after determination of the amount of the credit
due to the Specified Customer.
15.8 Shipper Not Liable. Shipper will not be liable for any
penalties which might otherwise be imposed by
Transporter with respect to any action taken by such
Shipper in conformance with an OFO issued by
Transporter.
15.9 Transporter Not Liable. Transporter will not be liable
for any damages, costs or expenses incurred as a result
of an OFO.
15.10 Reporting. Within ten (10) Days after an OFO
terminates, Transporter will post a report on
Transporter's Designated Site containing information on
the factors that caused the OFO to be imposed and to be
terminated.