Transwestern Pipeline Company
Second Revised Volume No. 1
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Effective Date: 02/23/2000, Docket: RP99-481-002, Status: Effective
Substitute Third Revised Sheet No. 92B Substitute Third Revised Sheet No. 92B : Effective
Superseding: Second Revised Sheet No. 92B
GENERAL TERMS AND CONDITIONS
(continued)
Seller will dispose of the unauthorized gas volumes as follows:
1) With Seller's consent, proven owners of unauthorized gas may sell such
unauthorized gas volumes to any Buyer as long as said Buyer has an effective
transportation service agreement in place on Seller's system. Such unauthorized
gas volumes shall become an imbalance on a Buyer's existing FTS-1, LFT, FTS-3,
EFBH or ITS-1 Service Agreement. Unless waived by Seller on a not unduly
discriminatory basis, Buyer agrees to pay Seller the unauthorized gas penalty of
thirty cents per dekatherm (30c/dth) for the respective unauthorized gas volumes
being purchased, plus any applicable Transport Charge including Transport Fuel for
redelivery. Such sale will not change any penalties previously assessed under
Seller's tariff.
2) If said unauthorized gas volumes are not resolved within the Make-up Period, Seller
may retain such unauthorized gas volumes at no cost to Seller, 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 shall not assess more than one unauthorized gas penalty for the same infraction.
To claim unauthorized gas volumes, the party shall submit written notification to Seller
within the Make-up Period along with verification of ownership.
For any revenue received in excess of related costs from penalties assessed on the Seller
or on an affiliate of the Seller, Seller shall refund such revenue within 90 days of the
payment date to other Buyers on Seller's System which purchased transportation services
during the month in which any such penalty was assessed.