Arkansas Western Pipeline Company
First Revised Volume No. 1
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Effective Date: 12/01/1993, Docket: CP92-570-005, Status: Effective
Original Sheet No. 70 Original Sheet No. 70 : Superseded
the Customer Nomination Form provided in Transporter's
General Terms and Conditions. Except in those
circumstances in which the integrity of the
Transporter's system is threatened, Transporter shall
provide Shipper with prompt notification (either by
telephone or by facsimile) of such unauthorized
deliveries, and Shipper shall have twenty-four (24)
hours after said notification to initiate corrective
action. If Shipper has not initiated such corrective
action within such twenty-four hour period, Transporter
shall assess a penalty equal to $5.00 per Dth
multiplied by the unauthorized deliveries. Where
system integrity is threatened, Transporter shall have
the right to take such action as is necessary to
terminate such deliveries without any liability to
Transporter.
c. Following the termination of the ITS Service Agreement,
Shipper shall be required to correct any remaining
imbalances within thirty (30) days after the
determination by Transporter that an imbalance exists,
or within such longer period of time mutually agreed
upon by Shipper and Transporter. If, after the
balancing period, Transporter determines that Shipper
received from Transporter quantities in excess of the
quantities delivered to Transporter by Shipper at the
Receipt Point(s), Transporter shall charge Shipper a
penalty equal to $2.00 per Dth plus the actual
replacement cost multiplied by such deficiency quantity
at the Receipt Point(s); provided, however, that actual
replacement cost shall not be higher than one hundred
twenty-five percent (125%) of the most recent spot
market average price for natural gas delivered to Arkla
Energy Resources' transmission facilities, as is
reported by Gas Daily, plus all costs incurred to
transport the gas to Transporter. If, after the
balancing period, Transporter determines that Shipper
received from Transporter quantities that were less
than the quantities delivered to Transporter by Shipper
at the Receipt Point(s), Transporter shall, at its
option, retain such over-deliveries at the Receipt
Point(s) free and clear of any adverse claims of any
party or shall charge Shipper a penalty equal to $2.00
per Dth multiplied by the excess quantity. Transporter
has the right to remove access gas from its system in
any manner deemed appropriate: provided however, that
Transporter will select methods to remove such excess
gas on a