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