Trunkline Gas Company

First Revised Volume No. 1

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Effective Date: 09/01/1993, Docket: RS92- 25-005, Status: Effective

Sub Original Sheet No. 202 Sub Original Sheet No. 202 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

12. UNAUTHORIZED GAS

 

12.1 Upon determination by Trunkline that Unauthorized Gas has entered

Trunkline's system, Trunkline shall post notice of Unauthorized

Gas flow on the LINKþ System. Trunkline shall also send written

notice to suspected owners of said Gas; however, Trunkline's

rights under this Tariff shall not be affected by any failure to

give such written notice. Trunkline will post on the LINKþ System

the Quantity, date first received on Trunkline's system and Points

of Receipt of any Unauthorized Gas received ("notice"). Trunkline

shall continue to so post on the LINKþ System until a valid claim

has been submitted or until one hundred twenty (120) days after

initial posting of notice.

 

12.2 A "Valid Claim" for purposes hereof shall be a claim (1) provided

to Trunkline in writing; (2) identifying the specific Unauthorized

Gas delivered; (3) providing independent evidence of ownership of

the Unauthorized Gas; and (4) agreeing to indemnify Trunkline

fully with respect to any adverse claims to ownership of the Gas

or to the proceeds resulting from the sale thereof. In addition,

the Unauthorized Gas must be nominated to an effective Service

Agreement with Trunkline that contains the Point of Receipt at

which the Unauthorized Gas was received ("Valid Nomination") in

order to prevent the accrual of further penalties under this

Section 12.

 

12.3 If a Valid Claim and Valid Nomination are submitted within five

Business Days of the posting of notice, no penalty shall be

assessed under this Section 12.

 

12.4 If a Valid Claim and Valid Nomination are submitted after five

Business Days of the posting of notice but within sixty (60) days

of the posting of notice, Trunkline shall assess a penalty of

fifty cents ($0.50) per Dt upon that Shipper transporting the

Unauthorized Gas after nomination to a Service Agreement with

Trunkline.

 

12.5 If a Valid Claim and Valid Nomination are submitted after sixty

(60) days and within one hundred twenty (120) days of the posting

of notice, Trunkline shall assess a penalty of one dollar ($1.00)

per Dt upon that Shipper transporting the Unauthorized Gas after

nomination to a Service Agreement with Trunkline.