Transwestern Pipeline Company

Second Revised Volume No. 1

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Effective Date: 12/01/1991, Docket: RP92- 19-001, Status: Effective

Substitute 1st Revised Sheet No. 92A Substitute 1st Revised Sheet No. 92A : Effective

 

GENERAL TERMS AND CONDITIONS

(continued)

 

 

 

26. UNAUTHORIZED GAS:

 

In the event a party (which may be other than a Buyer) causes gas to be

delivered into Seller's system and such gas has not been nominated and

scheduled, then such gas shall be considered unauthorized gas. Upon

determination by Seller that unauthorized gas has entered Seller's

system, Seller shall send by telecopy or transmit by similar means if no

telecopier is available, a notice of unauthorized gas flow. Seller

shall also post on its Electronic Bulletin Board a notice that

unauthorized gas has entered its system. Such notice shall include the

volume, the receipt point(s) and the time frame in which the

unauthorized gas was received into its system. All subsequent

deliveries of unauthorized gas occurring after the date of the

notification by Seller, may be retained by Seller at no cost to Seller

and free and clear of any adverse claims relating thereto, and such

party shall be presumed to have relinquished title to Seller for such

gas. Seller's notice to the party will provide that Seller shall have

the right to retain title to all subsequent deliveries of unauthorized

gas in accordance with this provision.

 

For any unauthorized gas volumes delivered to Seller prior to and

including the date of the Notice Period, said party shall have until the

last day of the calendar month following forty-five (45) days after

Seller's notification ("Make-up Period") to agree upon a plan to resolve

the unauthorized gas volumes, provided, however, that any such

resolution must be agreed to by Seller. Seller and Buyer agree

to negotiate in good faith the plan for resolution of the entire

unauthorized gas volumes. Such agreed upon plan shall be in writing.

"Notice Period" shall mean the twenty-four (24) consecutive hour period

after Seller notifies the party of unauthorized gas flow. For purposes

of resolving said unauthorized gas volumes, such gas shall have the

lowest scheduling priority, under Section 22, "Nomination and

Scheduling of Capacity", of Seller's General Terms and Conditions of

its FERC Gas Tariff.