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.