Mississippi River Transmission Corp.

Original Volume No. 1-A

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Effective Date: 11/01/1990, Docket: RP89-248-008, Status: Effective

Third Revised Sheet No. 56 Third Revised Sheet No. 56 : Effective

Superseding: Second Revised Sheet No. 56

 

 

 

TRANSPORTATION

GENERAL TERMS AND CONDITIONS

(Continued)

 

10. NOMINATIONS, BALANCING AND CHARGES FOR IMBALANCES OR UNAUTHORIZED

TENDERS OR TAKES (Continued)

 

(a) Daily Balancing. Transporter may notify Shipper if it

appears that Shipper has delivered to Transporter at the receipt

point(s) quantities of gas which are in excess of or deficient by

the greater of fifty (50) MMBtu or ten percent (10%) of the daily

transportation quantities scheduled by Transporter (hereinafter

referred to within this subsection 10.3(a) as "Excess Gas" or

"Deficiency Gas"). Shipper shall have forty-eight (48) hours

after notification by Transporter, or such lesser period of time

as is reasonably required by Transporter to protect the integrity

of its system, to initiate corrective action. In the event

Shipper fails to agree upon the appropriate corrective action to

be implemented with Transporter's gas dispatchers within

forty-eight (48) hours after notification, or fails to take the

corrective action agreed upon within the period agreed upon,

Transporter may, after such period has expired, either (i) retain

any Excess Gas delivered to Transporter, at no cost and free and

clear of any adverse claims by any party, or (ii) charge Shipper

two (2) times Transporter's effective Rate Schedule CD-1

Commodity Rate for any Deficiency Gas delivered to Shipper at the

delivery point(s).

 

(b) Monthly Balancing of Over-deliveries: Within fifteen

(15) working days after the end of each month, Transporter will

notify Shipper in writing if for said month Shipper delivered or

caused to be delivered to Transporter a quantity which, less fuel

use and loss, will exceed by more than five (5) percent the

quantities taken from Transporter. In the event Shipper and

Transporter fail to agree in writing upon the appropriate

corrective action to bring such over-deliveries into balance

within forty-five (45) days after notification, and/or Shipper

fails to fully implement the corrective action in the manner and

time frame agreed upon by the parties, a penalty may be imposed.

The penalty shall be the retention by Transporter of any

remaining net balance of over-deliveries existing as of

forty-five (45) days after the date of Transporter's notification

to Shipper, at no cost to Transporter and free and clear of any