Florida Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 12/01/1995, Docket: RP96- 32-000, Status: Effective
Third Revised Sheet No. 125A Third Revised Sheet No. 125A : Superseded
Superseding: Second Revised Sheet No. 125A
GENERAL TERMS AND CONDITIONS
(continued)
C. Daily Tolerances
Shipper shall delivery, or cause to be delivered, to Transporter at the
point(s) of receipt on a uniform daily basis, that quantity of natural gas that
has been scheduled for transportation. To the extent Shipper deviates
significantly from the uniform daily basis, Transporter reserves the right to
implement an Operational Flow Order pursuant to Section 17C3.
D. Unauthorized Gas
"Unauthorized Gas" shall mean any volume of gas received at a point for which
there is no transportation nomination by any shipper. Unauthorized Gas
provisions shall not 1) apply at any point for which there is a volume
nominated and 2) encompass imbalance volumes.
Transporter shall post on its EBB the volume, production month received on
Transporter's system, and the point of receipt of any Unauthorized Gas received
(Notice). Transporter shall continue to post the Notice until a valid claim
has been submitted or until thirty (30) calendar days after the initial posting
of the Notice, whichever is sooner. In order to be a valid claim for purposes
hereof, a claim must: (a) be provided to Transporter in writing; (b) identify
the specific Unauthorized Gas delivered; (c) provide independent evidence of
ownership of Unauthorized Gas claimed; and (d) agree to indemnify Transporter
fully with respect to any adverse claims to ownership of the gas or to the
proceeds resulting from the sale thereof.
If a valid claim is submitted during the first twenty-four (24) hours of the
Notice period, then claimant shall have thirty (30) days to schedule such
volumes from the date Transporter determines the claim is valid. Such volumes
not scheduled during the thirty (30) days shall be subject to the Transporter
Purchase Provision of this section.
If a valid claim is received during the Notice period, after twenty-four (24)
hours of the posting of the Notice, then such volumes shall be subject to the
Transporter Purchase Provision.
If a valid claim is not received in the Notice period, then Transporter shall
retain such Unauthorized Gas at no cost to Transporter, free and clear of any
adverse claims.
The Transporter Purchase Provision. Transporter shall purchase Unauthorized Gas
not scheduled by Shipper nor retained by Transporter from the claimant at 80%
of the Tivoli Index as defined in Section 14.B.2., for the month in which the
Unauthorized Gas is delivered to Transporter or the month of settlement,
whichever is less; provided, however, that Transporter shall purchase a maximum
of 12,000 MMBtu during a twelve (12) month calendar period from any single
claimant or at any single receipt point. Volumes exceeding the maximum shall
be retained by Transporter at no cost to Transporter and free and clear of any
adverse claims.