Northwest Pipeline Corporation
First Revised Volume No. 1-A
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Effective Date: 11/25/1990, Docket: GT91- 5-000, Status: Effective
Original Sheet No. 424 Original Sheet No. 424 : Effective
GENERAL TRANSPORTATION TERMS AND CONDITIONS
(Continued)
15. DETERMINATION OF DELIVERIES AND IMBALANCES (Continued)
15.2 Imbalances and Penalties at Delivery Points. Penalties and overrun
charges as described in Sections 15.3 and 15.4 will be levied by
Transporter against the Receiving Party who controls the facilities into
which gas is delivered. If the Receiving Party incurs either an overage
or underage in takes from Transporter, due to a failure to take
quantities of gas equivalent to the total of all Nominating Party
nominations for deliveries into its facilities, such penalties and
overrun charges will be applied as described in Sections 15.3 and 15.4.
If Receiving Party has more than one sales or transportation service
agreement with Transporter, all imbalances will be on that agreement with
Receiving Party which is last in the determination of deliveries
categories, as per Section 15.1, unless otherwise agreed upon by the
parties. Notwithstanding the foregoing, if Receiving Party does not have
a sales or transportation agreement with Transporter, Shippers
transporting gas to such Receiving Party's facilities shall be deemed
Receiving Parties and shall be responsible for any imbalances and
associated penalties and overrun charges.
Transporter may in its sole good faith judgement waive any penalties
hereunder and shall waive any penalties due to imbalances which result
from errors made by Transporter or which result from force majeure
invoked by either Transporter or Receiving Party.
15.3 Monthly Imbalances and Penalties. If Receiving Party's or Shipper's
cumulative imbalances in any month are more than 5 percent above or below
total nominations for that month, Transporter shall notify Receiving
Party that imbalances exceed allowed tolerances. Such notice shall be
provided by the fifteenth day of the month following the month service is
rendered. Transporter will notify Receiving Party of any imbalances, and
specify whether a penalty situation exists. Receiving Party will be
given 45 days to eliminate any imbalances. If at the end of such 45-day
period Receiving Party remains in a penalty situation, Receiving Party
shall pay a penalty to Transporter equal to twice the then-effective
ODL-1 Commodity rate on the imbalance over 5%, as described above.
Imbalances shall be cumulative and Receiving Party must specifically
adjust nominations as necessary to eliminate such imbalances; however, if
Receiving Party fails to eliminate imbalances within the allowed period
referenced above, Transporter shall have the right to adjust nominations,
receipts or deliveries in order to achieve a balance in addition to any
penalties applied hereunder.