Stingray Pipeline Company
Third Revised Volume No. 1
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Effective Date: 08/01/2001, Docket: RP01-473-000, Status: Effective
Second Revised Sheet No. 137 Second Revised Sheet No. 137 : Effective
Superseding: First Revised Sheet No. 137
GENERAL TERMS AND CONDITIONS
12. UNAUTHORIZED DELIVERY OF GAS
12.1 DEFINITION
"Unauthorized Gas" shall mean any volume of gas
delivered to Stingray that Stingray cannot
identify as being delivered pursuant to a
transportation nomination on behalf of an
existing Shipper.
12.2 APPLICABILITY NOTICE AND CLAIMS
All Unauthorized Gas shall be subject to this
Section. Stingray shall give notice in writing
to the owner/Shipper of the Unauthorized Gas (if
known) and to the operator of the applicable
supply point where the Unauthorized Gas was
received, that said Unauthorized Gas is subject
to these provisions and will be posted on the
Internet Web Site. In addition, on the first
business day following the fifteenth of each
month, Stingray shall post on the Internet Web
Site the volume, date first received on
Stingray's System, and point of receipt of any
Unauthorized Gas received ("Notice"). The
initial posting will remain on the Internet Web
Site until a Valid Claim has been submitted or
until at least ninety (90) days after the
initial posting of the Notice. In order to be a
Valid Claim for purposes hereof, a claim must:
(a) be provided to Stingray in writing; (b)
identify the specific Unauthorized Gas
delivered; (c) provide independent evidence of
ownership of the Unauthorized Gas claimed; and
(d) agree to indemnify Stingray 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 transportation
Agreement with Stingray that contains the
Receipt Point at which Unauthorized Gas was
received ("Valid Nomination") in order to
prevent the accrual of further penalties under
Section 12.3 hereof.
12.3 TREATMENT OF UNAUTHORIZED GAS
(a) If a Valid Claim and Valid Nomination are
submitted within three (3) business days of
the posting of the Notice, no penalty shall
be assessed under this Section but the
provisions contained within Section 10 of
these General Terms and Conditions shall
apply fully to such nominations and
receipts.