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Sheet Index Table
RP04- 67-000
Original Sheet No. 0 : Effective
FERC GAS TARIFF
ORIGINAL VOLUME NO. 1
OF
NGO TRANSMISSION, INC.
FILED WITH THE
FEDERAL ENERGY REGULATORY COMMISSION
Communications Concerning This Tariff
Should Be Addressed To:
David L. Potter
President/Chief Operating Officer
NGO Transmission, Inc.
1500 Granville Road
Newark, OH 43055
Telephone: (740) 348-1200
Fax: (740) 348-1266
Sheet Index Table
RP04- 67-002
First Revised Sheet No. 1 : Effective
Superseding: Original Sheet No. 1
TABLE OF CONTENTS
Sheet
Number
Preliminary Statement 2
System Map 3
Notice of Rates 4
Rate Schedules:
Firm Transportation Service (FTS) 10
Interruptible Transportation Service (ITS) 16
Firm Storage Service (FSS) 20
Interruptible Storage Service (ISS) 25
No Notice Service (NNS) 29
General Terms and Conditions 60
Form of Service Agreements:
Firm Transportation Service (FTS) Agreement 150
Interruptible Transportation Service (ITS) Agreement 153
Firm Storage Service (FSS) Agreement 155
Interruptible Storage Service (ISS) Agreement 158
No Notice Service (NNS) Agreement 160
Negotiated Rate and Non-Conforming Agreements 170
Sheet Index Table
RP04- 67-000
Original Sheet No. 1 : Superseded
TABLE OF CONTENTS
Sheet
Number
Preliminary Statement 2
System Map 3
Notice of Rates 4
Rate Schedules:
Firm Transportation Service (FTS) 10
Interruptible Transportation Service (ITS) 16
Firm Storage Service (FSS) 20
Interruptible Storage Service (ISS) 25
No Notice Service (NNS) 29
General Terms and Conditions 60
Form of Service Agreements:
Firm Transportation Service (FTS) Agreement 150
Interruptible Transportation Service (ITS) Agreement 153
Firm Storage Service (FSS) Agreement 155
Interruptible Storage Service (ISS) Agreement 158
No Notice Service (NNS) Agreement 160
Sheet Index Table
RP04- 67-000
Original Sheet No. 2 : Effective
PRELIMINARY STATEMENT
NGO Transmission, Inc. ("NGO Transmission"), an Ohio corporation, owns and
operates a natural gas pipeline system under a certificate of public
convenience and necessity issued by the Federal Energy Regulatory Commission
("Commission" or "FERC"). Such pipeline system is located in the State of
Ohio and consists of 171 miles of varying diameter pipe located in four
counties in Central Ohio. This FERC jurisdictional pipeline system
interconnects with the pipeline systems of Texas Eastern Transmission
Corporation, Tennessee Gas Pipeline, and Dominion Transmission, Inc., as well
with various gathering, production, and local distribution facilities. NGO
Transmission is engaged in the transportation and storage of natural gas in
interstate commerce. NGO Transmission also owns and operates three storage
facilities in the State of Ohio which are each directly linked to its pipeline
system.
The locations of NGO Transmission's transmission line, storage facilities, and
the points at which it receives and delivers gas are shown on the System Map
on the following page.
Sheet Index Table
RP04- 67-000
Original Sheet No. 3 : Effective
SYSTEM MAP
This sheet to be replaced by System Map
Sheet Index Table
RP07-609-000
Second Revised Sheet No. 4 : Effective
Superseding: First Revised Sheet No. 4
NOTICE OF RATES
Rate Schedule Base Tariff Rate
Firm Transportation Service (FTS) 2/
Monthly Demand Charge
Maximum $2.0091/Dth/month
Minimum $0.0000
Commodity Charge $0.0000
Retainage 1%
Authorized Overrun Charge $0.0660/Dth
Unauthorized Overrun Charge $0.1320/Dth
ACA Charges 1/ $0.0019
Interruptible Transportation Service (ITS)
ITS Rate
Maximum $0.0660/Dth
Minimum $0.0000/Dth
Retainage 1%
ACA Charges 1/ $0.0019
Firm Storage Service (FSS) 2/
Daily Deliverability Reservation Rate
Maximum $1.6373/Dth/month
Minimum $0.0000
Capacity Reservation Rate
Maximum $0.0320/Dth/month
Minimum $0.0000
Injection Rate $0.0726/Dth
Withdrawal Rate $0.0000
Retainage 1%
Overrun Service Charge $0.0549
ACA Charges 1/ $0.0019
Interruptible Storage Service (ISS)
Inventory Rate
Maximum $0.0640/Dth/month
Minimum $0.0000
Injection Rate $0.0726/Dth
Withdrawal Rate $0.0000
Retainage 1%
ACA Charges 1/ $0.0019
Sheet Index Table
RP07-471-000
First Revised Sheet No. 4 : Superseded
Superseding: Original Sheet No. 4
NOTICE OF RATES
Rate Schedule Base Tariff Rate
Firm Transportation Service (FTS) 2/
Monthly Demand Charge
Maximum $2.0091/Dth/month
Minimum $0.0000
Commodity Charge $0.0000
Retainage 1%
Authorized Overrun Charge $0.0660/Dth
Unauthorized Overrun Charge $0.1320/Dth
ACA Charges 1/ $0.0000
Interruptible Transportation Service (ITS)
ITS Rate
Maximum $0.0660/Dth
Minimum $0.0000/Dth
Retainage 1%
ACA Charges 1/ $0.0000
Firm Storage Service (FSS) 2/
Daily Deliverability Reservation Rate
Maximum $1.6373/Dth/month
Minimum $0.0000
Capacity Reservation Rate
Maximum $0.0320/Dth/month
Minimum $0.0000
Injection Rate $0.0726/Dth
Withdrawal Rate $0.0000
Retainage 1%
Overrun Service Charge $0.0549
ACA Charges 1/ $0.0000
Interruptible Storage Service (ISS)
Inventory Rate
Maximum $0.0640/Dth/month
Minimum $0.0000
Injection Rate $0.0726/Dth
Withdrawal Rate $0.0000
Retainage 1%
ACA Charges 1/ $0.0000
Sheet Index Table
RP04- 67-000
Original Sheet No. 4 : Superseded
NOTICE OF RATES
Rate Schedule Base Tariff Rate
Firm Transportation Service (FTS) 2/
Monthly Demand Charge
Maximum $2.0091/Dth/month
Minimum $0.0000
Commodity Charge $0.0000
Retainage 1%
Authorized Overrun Charge $0.0660/Dth
Unauthorized Overrun Charge $0.1320/Dth
ACA Charges 1/ $0.0000
Interruptible Transportation Service (ITS)
ITS Rate
Maximum $0.0660/Dth
Minimum $0.0000/Dth
Retainage 1%
ACA Charges 1/ $0.0000
Firm Storage Service (FSS) 2/
Daily Deliverability Reservation Rate
Maximum $1.6373/Dth/month
Minimum $0.0000
Capacity Reservation Rate
Maximum $0.0320/Dth/month
Minimum $0.0000
Injection Rate $0.0726/Dth
Withdrawal Rate $0.0000
Retainage 1%
Overrun Service Charge $0.0549
ACA Charges 1/ $0.0000
Interruptible Storage Service (ISS)
Inventory Rate
Maximum $0.0549/Dth/day
Minimum $0.0000
Injection Rate $0.0726/Dth
Withdrawal Rate $0.0000
Retainage 1%
ACA Charges 1/ $0.0000
Sheet Index Table
RP07-609-000
First Revised Sheet No. 5 : Effective
Superseding: Original Sheet No. 5
No Notice Service (NNS)
Monthly Demand Charge
Maximum $4.0288/Dth/month
Minimum $0.0000
Commodity Charge $0.0000
Retainage 1%
Authorized Overrun Charge $0.1325/Dth
Unauthorized Overrun Charge $0.2650/Dth
ACA Charges 1/ $0.0019
1/ An ACA surcharge is added to each commodity rate to the extent provided
in Section 28 of the General Terms and Conditions in this Tariff.
2/ All interruptible transportation and storage revenues will be credited
quarterly to firm shippers.
Sheet Index Table
RP04- 67-000
Original Sheet No. 5 : Superseded
No Notice Service (NNS)
Monthly Demand Charge
Maximum $4.0288/Dth/month
Minimum $0.0000
Commodity Charge $0.0000
Retainage 1%
Authorized Overrun Charge $0.1325/Dth
Unauthorized Overrun Charge $0.2650/Dth
ACA Charges 1/ $0.0000
1/ An ACA surcharge is added to each commodity rate to the extent provided
in Section 28 of the General Terms and Conditions in this Tariff. The
currently effective ACA charge is zero.
2/ All interruptible transportation and storage revenues will be credited
quarterly to firm shippers.
Sheet Index Table
RP04- 67-000
Sheet Nos. 6 - 9 : Effective
Sheet Nos. 6 through 9 are reserved for future use.
Sheet Index Table
RP04- 67-000
Original Sheet No. 10 : Effective
RATE SCHEDULE FTS
FIRM TRANSPORTATION SERVICE
1. AVAILABILITY
This Rate Schedule is available for the transportation of natural gas on
a firm basis by NGO Transmission (hereinafter called Transporter) for
any Shipper that completes a valid request for service, is awarded firm
transportation capacity under Section 3 hereof and executes a Firm
Transportation Service Agreement ("FTS Agreement") consistent with this
Rate Schedule FTS.
2. APPLICABILITY AND CHARACTER OF SERVICE
The service rendered hereunder shall be the transportation of natural
gas up to the Maximum Daily Contract Quantity (MDCQ) set out in
Shipper's FTS Agreement. Such service is performed under Subparts B and
G of Part 284 of the Commission's Regulations and pursuant to this
Tariff and Shipper's FTS Agreement. Transporter shall not be required
to install, operate or maintain any additional facilities in order to
provide transportation service under this Rate Schedule except as
provided in Section 5.2 of this Rate Schedule. Service shall be
provided on a firm basis; provided, however, that scheduling of service
is subject to, and service may be curtailed consistent with Section 9 of
the General Terms and Conditions in this Tariff; and provided further
that Shipper may nominate overrun volumes on an interruptible basis.
3. REQUESTS FOR CAPACITY; AWARD OF CAPACITY
3.1 Eligibility for Service: Any entity which meets the credit
standards set out in the General Terms and Conditions of this
Tariff may request service under this Rate Schedule FTS. A
request for service must comply with Section 5 of the General
Terms and Conditions of this Tariff.
3.2 Capacity: Acceptance of a request is contingent on the
availability of uncommitted firm system capacity sufficient to
provide the requested firm service to Shipper.
Sheet Index Table
RP04- 67-000
Original Sheet No. 11 : Effective
3.3 Award of Capacity: Transporter may, but is not obligated to,
accept any request for service at less than the applicable maximum
rate. Transporter will apply objective economic analysis in
awarding capacity. If several valid requests for capacity are
pending which exceed the availability of uncommitted firm system
capacity, Transporter shall evaluate such requests based on the
net present value of incremental revenue under the respective
requests, reflecting volume, term, and the minimum rate
Transporter will accept for the service. If a request is not
accepted by Transporter within ten (10) days, it is deemed denied.
3.4 Applicability of Tariff: Submission of a request for service
hereunder shall be deemed agreement by Shipper that it will abide
by the terms and conditions of this Rate Schedule, including the
applicable General Terms and Conditions, if awarded capacity.
4. DELIVERIES AND RECEIPTS
4.1 Receipt Points: Primary receipt point(s) for all gas transported
by Transporter under this Rate Schedule shall be at the mutually
agreeable receipt point(s) set forth on Exhibit A to Shipper's FTS
Agreement, consistent with Section 5.2 of the General Terms and
Conditions of this Tariff. Transporter shall not be required
under any circumstances to receive gas at any receipt point where:
(1) the total quantity of gas scheduled for receipt on any Day is
less than that required for the accurate measurement of quantities
to be received; (2) Shipper has failed to make and properly
implement all necessary arrangements on upstream entities; or (3)
Shipper has failed to nominate such quantities consistent with
Section 9 of the General Terms and Conditions of this Tariff.
4.2 Delivery Points: Primary delivery point(s) for all gas
transported by Transporter under this Rate Schedule shall be at
the mutually agreeable delivery points(s) set forth on Exhibit A
to Shipper's FTS Agreement, consistent with Section 5.2 of the
General Terms and Conditions of this Tariff. Transporter shall
not be required under any circumstances to deliver gas at any
delivery point where: (1) the total quantity of gas scheduled for
delivery on any Day is less than that required for the accurate
measurement of quantities to be delivered; (2) Shipper has failed
to make and properly implement all necessary arrangements on
downstream entities; or (3) Shipper has failed to nominate such
quantities consistent with Section 9 of the General Terms and
Conditions of this Tariff.
Sheet Index Table
RP04- 67-000
Original Sheet No. 12 : Effective
4.3 Changing Primary Receipt and Delivery Points: Subject to the
availability of firm point and segment capacity and the agreement
of Transporter, Shipper may change the primary receipt and/or
delivery points under its FTS Agreement (including redistributing
the MDCQ among points) by an amendment of Exhibit A to Shipper's
FTS Agreement, as applicable. If there are other requests pending
for such capacity, the award of capacity shall be consistent with
Section 3 of this Rate Schedule. Shipper shall lose its priority
at previously designated primary receipt and delivery points to
the extent that the amendment reduces the MDQ at any such point.
4.4 Secondary Receipt and Delivery Points: Shipper may use as a
secondary receipt or delivery point any other receipt or delivery
point on Transporter's system by notifying Transporter in
Shipper's nomination. A Shipper may also use a primary receipt or
delivery point as a secondary point to the extent that Shipper
nominates quantities at the primary point in excess of the
Shipper's Maximum Daily Quantity (MDQ) for that primary point;
provided that its total nominations under the FTS Agreement are
less than or equal to the MDCQ under the FTS Agreement. A
Shipper's rights under this Rate Schedule to use a secondary
receipt or delivery point shall be superior to all interruptible
shippers' nominations at that point, but inferior to the rights of
all firm shippers using that point as a primary delivery or
receipt point, consistent with Section 9 in the General Terms and
Conditions of this Tariff. If Shipper's nominated total receipts
or deliveries on any day exceed the MDCQ stated in the FTS
Agreement (as adjusted for Retainage, if any), volumes in excess
of Shipper's MDCQ shall be considered overrun and, if necessary,
the receipt or delivery quantities for any point shall be
allocated in accordance with Section 9 of the General Terms and
Conditions of this Tariff.
4.5 Segmentation: To the extent operationally feasible, firm
transportation capacity that has been reserved under an FTS
Agreement may be segmented by Shipper for its own use or for the
purpose of releasing that capacity to replacement shipper(s)
pursuant to Section 11 of the General Terms and Conditions.
Subject to available point capacity, segmentation may be used to
complete separate forward and backhaul deliveries to the same
point.
Sheet Index Table
RP04- 67-000
Original Sheet No. 13 : Effective
5. RATES AND CHARGES
5.1 Transportation Rates: Except to the extent Transporter and
Shipper have agreed in writing to a discounted rate pursuant to
Section 29 of the General Terms and Conditions, or to a negotiated
rate pursuant to Section 26 of the General Terms and Conditions,
the applicable rates for service under this Rate Schedule FTS are
the applicable maximum Demand and Commodity Rates shown on the
effective Notice of Rates in this Tariff. The Monthly Bill for
service under an FTS Agreement shall be equal to:
(a) Monthly Demand Charge: A monthly demand charge determined
by multiplying the demand charge specified in Shipper's FTS
Agreement with the MDCQ specified in Shipper's FTS
Agreement;
(b) Commodity Charge: The applicable commodity rate(s) stated
in Shipper's FTS Agreement multiplied by the dekatherms of
natural gas transported and delivered during the Month
pursuant to this Rate Schedule; and
(c) If applicable, any other charges pursuant to Section 5 of
this Rate Schedule or the General Terms and Conditions of
this Tariff.
5.2 New Facilities:
(a) In addition to the charges pursuant to Section 5.1 of this
Rate Schedule, if Transporter agrees to construct facilities
for service requested by Shipper, Transporter shall charge
Shipper an advance equal in amount to 100% of the estimated
costs (including a gross-up for the income tax effects or
reimbursement) of facilities constructed at the Shipper's
request in order to provide transportation service under
this Rate Schedule. Further, Transporter shall charge
Shipper an advance equal in amount to 100% of the estimated
costs (including a gross-up for the income tax effects of
reimbursement) to be incurred by Transporter for appurtenant
facilities and equipment, including but not limited to
electronic custody transfer equipment, metering facilities,
gradiometers, calorimeters, flow controllers or other
Section 5.2(a) of this Rate Schedule may be recovered
through an additional monthly charge over an agreed period.
Sheet Index Table
RP04- 67-000
Original Sheet No. 14 : Effective
5.3 Incidental Charges: In addition to the charges pursuant to
Sections 5.1 and 5.2 of this Rate Schedule, Transporter may charge
Shipper an amount to reimburse Transporter 100% for any filing or
similar fees and, if applicable, sales or use tax that have not
been previously paid by Shipper which Transporter incurs in
establishing or rendering service. Shipper shall also pay
Transporter any applicable penalties or charges specified in the
General Terms and Conditions of this Tariff.
5.4 Retainage: Transporter shall deduct from the volume tendered by
Shipper to Transporter for service under this Rate Schedule an
amount of gas sufficient to compensate Transporter for compressor
station fuel, line loss and/or other utility purposes, plus other
unaccounted for gas used in the operation of Transporter's
pipeline system in connection with such transportation. The
applicable retain age percentage shall be stated in the effective
Notice of Rates in this Tariff.
5.5 Authorized Overrun Charges: If Shipper, upon receiving the
advance approval of Transporter (including approval by scheduling
of a nomination), should on any day take under this Rate Schedule
a quantity of natural gas in excess of that which Shipper is
authorized to take under Shipper's FTS Agreement, then such
quantity shall constitute an authorized overrun quantity. For all
such authorized overrun volumes, Shipper shall pay Transporter a
rate up to the authorized overrun rate set out in the effective
Notice of Rates in this Tariff.
5.6 Unauthorized Overrun Charges: If Shipper, without receiving the
advance approval of Transporter, should on any day take under this
Rate Schedule a quantity of natural gas in excess of that which
Shipper is authorized to take under Shipper's FTS Agreement, then
such quantity shall constitute an unauthorized overrun quantity.
For all such unauthorized overrun volumes, Shipper may be required
to pay Transporter a rate up to the unauthorized overrun rate set
out in the effective Notice of Rates in this Tariff; provided,
however that Transporter may waive such unauthorized overrun rate
on a non-discriminatory basis. The per unit difference between
the Authorized Overrun Charge and any Unauthorized Overrun Charge
Sheet Index Table
RP04- 67-000
Original Sheet No. 15 : Effective
collected under this provision shall be credited to any non-
offending firm and interruptible shippers paying service charges
on the day when Unauthorized Overrun Charges were collected.
Revenue credits shall be calculated pro rata based on service
charges collected from non-offending shippers on the day in which
Unauthorized Overrun Charges were assessed.
5.7 Right to File Rate Changes: Transporter shall have the unilateral
right to file with the appropriate regulatory agency and make
changes effective in the rates and charges or the terms and
conditions of this Rate Schedule or the applicable General Terms
and Conditions. Shipper may protest or contest any such filing.
6. GENERAL TERMS AND CONDITIONS
6.1 The General Terms and Conditions of this Tariff are incorporated
by reference into this Rate Schedule.
6.2 In the event of a conflict between the provisions of this Rate
Schedule and the General Terms and Conditions of this Tariff, the
provisions of the General Terms and Conditions shall govern.
Sheet Index Table
RP04- 67-000
Original Sheet No. 16 : Effective
RATE SCHEDULE ITS
INTERRUPTIBLE TRANSPORTATION SERVICE
1. AVAILABILITY
This Rate Schedule is available for the transportation of natural gas on
an interruptible basis by NGO Transmission (hereinafter called
Transporter) to any Shipper that makes a valid request for interruptible
service and executes an Interruptible Transportation Service Agreement
("ITS Agreement"), subject to the availability of capacity from time to
time sufficient to provide such service without detriment or
disadvantage to Transporter's firm customers.
2. APPLICABILITY AND CHARACTER OF SERVICE
The service rendered shall be the transportation of natural gas up to
the Maximum Daily Contract Quantity (MDCQ) set out in Shipper's ITS
Agreement performed under Subparts B and G of Part 284 of the
Commission's Regulations. Service shall be on an interruptible basis.
Interruption of service includes decreasing, suspending, or
discontinuing either the receipt or delivery of gas. Interruption and
availability of interruptible capacity shall be in accordance with
Section 9 in the General Terms and Conditions of this Tariff.
Transporter shall not be required to install, operate or maintain any
additional facilities in order to provide transportation service under
this Rate Schedule, except as provided in Section 5.2 of this Rate
Schedule.
3. CONTRACTING
Transporter shall enter into an ITS Agreement with any Shipper which
meets the credit standards in the General Terms and Conditions of this
Tariff and submits a valid request consistent with Section 5 of the
General Terms and Conditions of this Tariff. Submission of a request
for service hereunder shall be deemed agreement by Shipper that it will
abide by the terms and conditions of this Rate Schedule, including the
applicable General Terms and Conditions of this Tariff.
4. DELIVERIES AND RECEIPTS
4.1 Receipt Points: All receipt points on Transporter's system shall
be available as receipt points for gas transported under this Rate
Sheet Index Table
RP04- 67-000
Original Sheet No. 17 : Effective
Schedule. Transporter shall not be required under any
circumstances to receive gas at any receipt point where: (1) the
total quantity of gas scheduled for receipt on any Day is less
than that required for the accurate measurement of quantities to
be received; (2) Shipper has failed to make and properly
implement all necessary upstream arrangements on upstream
entities; or (3) Shipper has failed to nominate such quantities
consistent with Section 9 of the General Terms and Conditions of
this Tariff.
4.2 Delivery Points: All delivery points on Transporter's system
shall be available as delivery points for gas transported under
this Rate Schedule. Transporter shall not be required under any
circumstances to deliver gas at any delivery point where: (1)
the total quantity of gas scheduled for delivery on any Day is
less than that required for the accurate measurement of quantities
to be delivered; (2) Shipper has failed to make and properly
implement all necessary downstream arrangements on downstream
entities; or (3) Shipper has failed to nominate such quantities
consistent with Section 9 in the General Terms and Conditions of
this Tariff.
5. RATES AND CHARGES
5.1 Transportation Rates: Except to the extent Transporter and
Shipper have agreed to a discounted rate, the transportation rate
is the maximum ITS rate shown on the effective Notice of Rates in
this Tariff. Shipper may request a discounted rate in a
nomination submitted pursuant to Section 9 of the General Terms
and Conditions of this Tariff and Transporter may agree to that
discounted rate by scheduling the nomination; provided, however,
that nothing shall obligate Transporter to provide service at a
rate less than the applicable maximum rate.
The Monthly Bill for service shall equal:
(a) The applicable ITS Rate multiplied by the dekatherms of
natural gas transported and delivered by Transporter for
Shipper in the month pursuant to this Rate Schedule; and
(b) If applicable, any other charges pursuant to Section 5 of
this Rate Schedule.
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RP04- 67-000
Original Sheet No. 18 : Effective
5.2 New Facilities:
(a) In addition to the charges pursuant to Section 5.1 of this
Rate Schedule, if Transporter agrees to construct facilities
for service requested by Shipper, Transporter shall charge
Shipper an advance equal in amount to 100% of the estimated
costs (including a gross-up for the income tax effects or
reimbursement) of facilities constructed at the Shipper's
request in order to provide transportation service under
this Rate Schedule. Further, Transporter shall charge
Shipper an advance equal in amount to 100% of the estimated
costs (including a gross-up for the income tax effects of
reimbursement) to be incurred by Transporter for appurtenant
facilities and equipment, including but not limited to
electronic custody transfer equipment, metering facilities,
gradiometers, calorimeters, flow controllers or other
measurement or metering facilities. Such estimated advance
payments shall be subject to true-up to actual costs
incurred by Transporter for the construction of
transportation and appurtenant facilities within 30 days
following completion of construction of such facilities.
(b) Alternatively, if Transporter and Shipper mutually agree,
the cost of such facilities as determined under Section
5.2(a) of this Rate Schedule may be recovered through an
additional monthly charge over an agreed period.
5.3 Incidental Charges: In addition to the charges pursuant to
Section 5.1 and 5.2 of this Rate Schedule, Transporter shall
charge Shipper an amount to reimburse Transporter 100% for any
filing or similar fees and, if applicable, sales or use tax that
have not been previously paid by Shipper, that Transporter incurs
in establishing or rendering service. Shipper shall also pay any
penalties or other applicable charges set out in the General Terms
and Conditions of this Tariff.
5.4 Retainage: Transporter shall deduct from the volume tendered by
Shipper to Transporter for service under this Rate Schedule, an
amount of gas sufficient to compensate Transporter for compressor
station fuel, line loss and/or other utility purposes, plus other
unaccounted for gas used in the operation of Transporter's
pipeline system in connection with such transportation. The
applicable retain age percentage shall be stated in the Notice of
Rates in this Tariff.
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RP04- 67-000
Original Sheet No. 19 : Effective
5.5 Right to File Rate Changes: Transporter shall have the unilateral
right to file with the appropriate regulatory agency and make
changes effective in the rates and charges or the terms and
conditions of this Rate Schedule or the applicable General Terms
and Conditions. Shipper may protest or contest any such filing.
6. GENERAL TERMS AND CONDITIONS
6.1 The General Terms and Conditions of this Tariff are incorporated
by reference into this Rate Schedule.
6.2 In the event of a conflict between the provisions of this Rate
Schedule and the General Terms and Conditions in this Tariff, the
provisions of the General Terms and Conditions shall govern.
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RP04- 67-000
Original Sheet No. 20 : Effective
RATE SCHEDULE FSS
FIRM STORAGE SERVICE
1. AVAILABILITY
This Rate Schedule is available for the storage of natural gas on a firm
basis by NGO Transmission (hereinafter called Transporter) for any
Shipper that completes a valid request for service, is awarded firm
storage capacity under Section 3 hereof and executes a Firm Storage
Agreement ("FSS Agreement") consistent with this Rate Schedule FSS.
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 Firm Storage Service rendered under this Rate Schedule FSS shall
be firm and consist of:
(a) the acceptance into storage by Transporter of natural gas
flowing on Transporter's system (under a firm or
interruptible transportation service) up to the Maximum
Daily Injection Quantity (MDIQ) stated in Exhibit A of
Shipper's FSS Agreement,
(b) the storage of same up to the Maximum Daily Contract
Quantity (MDCQ) and term specified in Shipper's FSS
Agreement, and
(c) the redelivery of same, up to the Maximum Daily Withdrawal
Quantity (MDWQ) stated in Exhibit A of Shipper's FSS
Agreement, out of storage into Transporter's system for
further transportation to the Primary delivery points set
forth in Exhibit A of Shipper's FSS Agreement.
2.2 Gas stored under this Rate Schedule may be sold in place to other
parties having sufficient available storage capacity. If Shipper
wishes to make any such sale, it must obtain confirmation from
Transporter 24 hours prior to the proposed effective date of such
sale that the quantity proposed to be sold is available and shall
notify Transporter in writing that such sale has occurred by the
effective date of the transaction.
3. REQUESTS FOR CAPACITY; AWARD OF CAPACITY
3.1 Eligibility for Service: Any entity which meets the credit
standards set out in the General Terms and Conditions of this
Tariff may request service under this Rate Schedule. A request
for service must comply with Section 5 of the General Terms and
Conditions of this Tariff.
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RP04- 67-000
Original Sheet No. 21 : Effective
3.2 Capacity: Acceptance of a request is contingent on the
availability of uncommitted system firm storage capacity
sufficient to provide the requested firm service to Shipper.
3.3 Award of Capacity: Transporter may, but is not obligated to,
accept any request for service at less than the applicable maximum
rate. Transporter will apply objective economic analysis in
awarding capacity. If several valid requests for capacity are
pending which exceed the availability of uncommitted firm
capacity, Transporter shall evaluate such requests based on the
net present value of incremental revenue under the respective
requests, reflecting volume, term, and the minimum rate
Transporter will accept for the service. If a request is not
accepted by Transporter within ten (10) days, it is deemed denied.
3.4 Applicability of Tariff: Submission of a request for service
hereunder shall be deemed agreement by Shipper that it will abide
by the terms and conditions of this Rate Schedule, including the
applicable General Terms and Conditions, if awarded capacity.
4. INJECTIONS AND WITHDRAWALS
4.1 Point of Injection: Shipper shall not be permitted to specify a
Point of Injection for gas stored by Transporter under this Rate
Schedule. Transporter shall be permitted to store gas under this
rate schedule at any storage facility on Transporter's system. To
facilitate an injection, Shipper shall nominate "storage" under
the firm or interruptible transportation service designated in
Section 2.1(a) of this Rate Schedule.
4.2 Point of Withdrawal: The Point of Withdrawal for all gas stored
by Transporter under this rate schedule shall be the mutually
agreeable Primary delivery point(s) set forth on Exhibit A to
Shipper's FSS Agreement, consistent with Section 5.2 of the
General Terms and Conditions of this Tariff. Transporter shall
not be required under any circumstances to deliver gas at any
delivery point where: (1) the total quantity of gas scheduled for
delivery on any Day is less than that required for the accurate
measurement of quantities to be received; (2) Shipper has failed
to make and properly implement all necessary arrangements on
downstream entities; or (3) Shipper has failed to nominate such
quantities consistent with Section 9 of the General Terms and
Conditions of this Tariff.
Sheet Index Table
RP04- 67-000
Original Sheet No. 22 : Effective
4.3 Changing Delivery Points: Subject to the availability of firm
point and segment capacity and the agreement of Transporter,
Shipper may change the primary delivery points under its FSS
Agreement (including redistributing the MDCQ among points) by an
amendment of Exhibit A to Shipper's FSS Agreement, as applicable.
If there are other requests pending for such capacity, the award
of capacity shall be consistent with Section 3 of this Rate
Schedule FSS. Shipper shall lose its priority at previously
designated primary receipt and delivery points to the extent that
the amendment reduces the MDQ at any such point.
4.4 Secondary Delivery Points: Shipper may use as a secondary
delivery point any other delivery point on Transporter's system by
notifying Transporter in Shipper's nomination. A Shipper may also
use a primary delivery point as a secondary point to the extent
that Shipper nominates quantities at the primary point in excess
of the Shipper's Maximum Daily Quantity (MDQ) for that primary
point. A Shipper's rights under this Rate Schedule to use a
secondary delivery point shall be superior to all interruptible
shippers' nominations at that point, but inferior to the rights of
all firm shippers using that point as a primary delivery or
receipt point, consistent with Section 9 in the General Terms and
Conditions of this Tariff.
4.5 If Shipper's nominated total injections or withdrawals on any day
exceed the MDIQ or MDWQ stated in the FSS Agreement (as adjusted
for Retainage, if any), volumes in excess of Shipper's MDIQ or
MDWQ shall be considered overrun and, if necessary, the injection
or withdrawal quantities shall be allocated in accordance with
Section 9 of the General Terms and Conditions of this Tariff.
5. RATES AND CHARGES
5.1 Storage Rates: Except to the extent Transporter and Shipper have
agreed in writing to a discounted rate pursuant to Section 29 of
the General Terms and Conditions, or to a negotiated rate pursuant
to Section 26 of the General Terms and Conditions, each month
Shipper shall pay to Transporter the following charges:
(a) Reservation Rate: A reservation rate determined under this
Section 5.1(a) by (i) multiplying the Daily Deliverability
Reservation Rate specified on the effective Notice of Rates
in this Tariff by the MDWQ specified in Shipper's FSS
Agreement, plus (ii) the Capacity Reservation Rate specified
on the effective Notice of Rates in this Tariff, multiplied
by the MDCQ stated in Shipper's FSS Agreement.
Sheet Index Table
RP04- 67-000
Original Sheet No. 23 : Effective
(b) Injection Rate: An injection rate determined under this
Section 5.1(b) by multiplying the injection rate specified
on the effective Notice of Rates in this Tariff by the
dekatherms of natural gas injected during the Month on
behalf of Shipper under this Rate Schedule.
(c) If applicable, any other charges pursuant to Section 5 of
this Rate Schedule or the General Terms and Conditions of
this Tariff.
5.2 New Facilities:
(a) In addition to the charges pursuant to Section 5.1 of this
Rate Schedule, if Transporter agrees to construct facilities
for service requested by Shipper, Transporter shall charge
Shipper an advance equal in amount to 100% of the estimated
costs (including a gross-up for the income tax effects or
reimbursement) of facilities constructed at the Shipper's
request in order to provide storage service under this Rate
Schedule. Further, Transporter shall charge Shipper an
advance equal in amount to 100% of the estimated costs
(including a gross-up for the income tax effects of
reimbursement) to be incurred by Transporter for appurtenant
facilities and equipment, including but not limited to
electronic custody transfer equipment, metering facilities,
gradiometers, calorimeters, flow controllers or other
measurement or metering facilities. Such estimated advance
payments shall be subject to true-up to actual costs
incurred by Transporter for the construction of storage and
appurtenant facilities within 30 days following completion
of construction of such facilities.
(b) Alternatively, if Transporter and Shipper mutually agree,
the costs of such facilities as determined pursuant to
Section 5.2(a) of this Rate Schedule may be recovered
through an additional monthly charge over an agreed period.
5.3 Incidental Charges: In addition to the charges pursuant to
Sections 5.1 and 5.2 of this Rate Schedule, Transporter may charge
Shipper an amount to reimburse Transporter 100% for any filing or
similar fees, and if applicable, sales or use tax that have not
been previously paid by Shipper, which Transporter incurs in
establishing or rendering service. Shipper shall also pay
Transporter any applicable penalties or charges specified in the
General Terms and Conditions of this Tariff.
Sheet Index Table
RP04- 67-000
Original Sheet No. 24 : Effective
5.4 Retainage: For all injections, Transporter shall deduct from the
volume tendered to Transporter by Shipper an amount of gas
sufficient to compensate Transporter for compressor station fuel,
line loss and/or other utility purposes, plus other unaccounted
for gas used in the operation of Transporter's pipeline system in
connection with such transportation. The applicable retain age
percentage shall be stated in the effective Notice of Rates in
this Tariff.
5.5 Overrun Service Charge: If Shipper, upon receiving the advance
approval of Transporter, should on any day inject or withdrawal a
quantity of natural gas in excess of the MDIQ or MDWQ specified in
Shipper's FSS Agreement, then such quantity shall constitute an
authorized overrun quantity. For all such authorized overrun
volumes, Shipper shall pay Transporter a rate up to the overrun
service charge stated in the effective Notice of Rates in this
Tariff.
5.6 Right to File Rate Changes: Transporter shall have the unilateral
right to file with the appropriate regulatory agency and make
changes effective in the rates and charges or the terms and
conditions of this Rate Schedule or the applicable General Terms
and Conditions. Shipper may protest or contest any such filing.
6. GENERAL TERMS AND CONDITIONS
6.1 The General Terms and Conditions of this Tariff are incorporated
by reference into this Rate Schedule.
6.2 In the event of a conflict between the provisions of this Rate
Schedule and the General Terms and Conditions of this Tariff, the
provisions of the General Terms and Conditions shall govern.
Sheet Index Table
RP04- 67-000
Original Sheet No. 25 : Effective
RATE SCHEDULE ISS
INTERRUPTIBLE STORAGE SERVICE
1. AVAILABILITY
This Rate Schedule is available for the storage of natural gas on an
interruptible basis by NGO Transmission (hereinafter called Transporter)
for any Shipper that completes a valid request for service and executes
an Interruptible Storage Service Agreement ("ISS Agreement") consistent
with this Rate Schedule ISS.
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 Interruptible Storage Service rendered under this Rate Schedule
ISS shall be interruptible and consist of:
(a) the acceptance and injection into storage by Transporter of
natural gas flowing on Transporter's system (under a firm or
interruptible transportation service), provided that
nominated injections shall be subject to the availability of
capacity to accomplish the service nominated by Shipper
without impairment of firm service;
(b) the storage of same up to the Maximum Daily Contract
Quantity (MDCQ) specified in Shipper's ISS Agreement,
provided Shipper must be prepared to remove gas from storage
within a reasonable period, as negotiated by parties, but in
no event greater than 45 days after notice from Transporter
to remove such quantities; the 45 day period will be
extended one day for each day on which the Shipper nominates
gas to be withdrawn but Transporter is unable to accept such
nomination; and
(c) the redelivery of same, to the extent that Shipper's
nominated withdrawals may be accomplished without impairment
of firm service, out of storage into Transporter's system
for the further transportation to delivery points on
Transporter's system.
2.2 Gas stored under this Rate Schedule may be sold in place to other
parties having sufficient available storage capacity. If Shipper
wishes to make any such sale, it must obtain confirmation from
Transporter 24 hours prior to the proposed effective date of such
sale that the quantity proposed to be sold is available and shall
notify Transporter in writing that such sale has occurred by the
effective date of the transaction.
Sheet Index Table
RP07-471-000
First Revised Sheet No. 26 : Effective
Superseding: Original Sheet No. 26
3. CONTRACTING
Transporter shall enter into an ISS Agreement with any Shipper which
meets the credit standards in the General Terms and Conditions of this
Tariff and submits a valid request consistent with Section 5 of the
General Terms and Conditions of this Tariff. Submission of a request
for service hereunder shall be deemed agreement by Shipper that it will
abide by the terms and conditions of this Rate Schedule ISS, including
the applicable General Terms and Conditions of this Tariff.
4. INJECTIONS AND WITHDRAWALS
4.1 Point of Injection: Shipper shall not be permitted to specify a
Point of Injection for gas stored by Transporter under this Rate
Schedule. Transporter shall be permitted to store gas under this
rate schedule at any storage facility on Transporter's system. To
facilitate an injection, Shipper shall nominate "storage" on the
firm or interruptible transportation service designated in Section
2.1(a) of this Rate Schedule.
4.2 Point of Withdrawal: Shipper may designate, as the Point of
Withdrawal for all gas stored by Transporter under this Rate
Schedule, any delivery point on Transporter's system, provided,
however, that Transporter shall not be required under any
circumstances to deliver gas at any delivery point where: (1)
the total quantity of gas scheduled for delivery on any Day is
less than that required for the accurate measurement of quantities
to be delivered; (2) Shipper has failed to make and properly
implement all necessary downstream arrangements on downstream
entities; or (3) Shipper has failed to nominate such quantities
consistent with Section 9 in the General Terms and Conditions of
this Tariff.
5. RATES AND CHARGES
5.1 Storage Rates: Except to the extent Transporter and Shipper have
agreed in writing to a discounted rate pursuant to Section 29 of
the General Terms and Conditions, or to a negotiated rate pursuant
to Section 26 of the General Terms and Conditions, each month
Shipper shall pay to Transporter the following charges:
(a) Inventory Rate: An inventory charge equal to the inventory
rate specified on the effective Notice of Rates in this
Tariff multiplied by the average daily balance of natural
gas in storage during the month.
Sheet Index Table
RP04- 67-000
Original Sheet No. 26 : Superseded
3. CONTRACTING
Transporter shall enter into an ISS Agreement with any Shipper which
meets the credit standards in the General Terms and Conditions of this
Tariff and submits a valid request consistent with Section 5 of the
General Terms and Conditions of this Tariff. Submission of a request
for service hereunder shall be deemed agreement by Shipper that it will
abide by the terms and conditions of this Rate Schedule ISS, including
the applicable General Terms and Conditions of this Tariff.
4. INJECTIONS AND WITHDRAWALS
4.1 Point of Injection: Shipper shall not be permitted to specify a
Point of Injection for gas stored by Transporter under this Rate
Schedule. Transporter shall be permitted to store gas under this
rate schedule at any storage facility on Transporter's system. To
facilitate an injection, Shipper shall nominate "storage" on the
firm or interruptible transportation service designated in Section
2.1(a) of this Rate Schedule.
4.2 Point of Withdrawal: Shipper may designate, as the Point of
Withdrawal for all gas stored by Transporter under this Rate
Schedule, any delivery point on Transporter's system, provided,
however, that Transporter shall not be required under any
circumstances to deliver gas at any delivery point where: (1)
the total quantity of gas scheduled for delivery on any Day is
less than that required for the accurate measurement of quantities
to be delivered; (2) Shipper has failed to make and properly
implement all necessary downstream arrangements on downstream
entities; or (3) Shipper has failed to nominate such quantities
consistent with Section 9 in the General Terms and Conditions of
this Tariff.
5. RATES AND CHARGES
5.1 Storage Rates: Except to the extent Transporter and Shipper have
agreed in writing to a discounted rate pursuant to Section 29 of
the General Terms and Conditions, or to a negotiated rate pursuant
to Section 26 of the General Terms and Conditions, each month
Shipper shall pay to Transporter the following charges:
(a) Inventory Rate: An inventory charge equal to the inventory
rate specified on the effective Notice of Rates in this
Tariff multiplied by the dekatherms of natural gas stored
during the month.
Sheet Index Table
RP04- 67-000
Original Sheet No. 27 : Effective
(b) Injection Rate: An injection rate determined under this
Section 5.1(b) by multiplying the injection rate specified
on the effective Notice of Rates in this Tariff by the
dekatherms of natural gas injected during the Month on
behalf of Shipper under this Rate Schedule.
(c) If applicable, any other charges pursuant to Section 5 of
this Rate Schedule or the General Terms and Conditions of
this Tariff.
5.2 New Facilities:
(a) In addition to the charges pursuant to Section 5.1 of this
Rate Schedule, if Transporter agrees to construct facilities
for service requested by Shipper, Transporter shall charge
Shipper an advance equal in amount to 100% of the estimated
costs (including a gross-up for the income tax effects or
reimbursement) of facilities constructed at the Shipper's
request in order to provide storage service under this Rate
Schedule. Further, Transporter shall charge Shipper an
advance equal in amount to 100% of the estimated costs
(including a gross-up for the income tax effects of
reimbursement) to be incurred by Transporter for appurtenant
facilities and equipment, including but not limited to
electronic custody transfer equipment, metering facilities,
gradiometers, calorimeters, flow controllers or other
measurement or metering facilities. Such estimated advance
payments shall be subject to true-up to actual costs
incurred by Transporter for the construction of storage and
appurtenant facilities within 30 days following completion
of construction of such facilities.
(b) Alternatively, if Transporter and Shipper mutually agree,
the costs of such facilities as determined pursuant to
Section 5.2(a) of this Rate Schedule may be recovered
through an additional monthly charge over an agreed period.
5.3 Incidental Charges: In addition to the charges pursuant to
Sections 5.1 and 5.2 of this Rate Schedule, Transporter may charge
Shipper an amount to reimburse Transporter 100% for any filing or
similar fees, and if applicable, sales or use tax that have not
been previously paid by Shipper, which Transporter incurs in
establishing or rendering service. Shipper shall also pay
Transporter any applicable penalties or charges specified in the
General Terms and Conditions of this Tariff.
Sheet Index Table
RP04- 67-000
Original Sheet No. 28 : Effective
5.4 Retainage: For all injections, Transporter shall deduct from the
volume tendered to Transporter by Shipper an amount of gas
sufficient to compensate Transporter for compressor station fuel,
line loss and/or other utility purposes, plus other unaccounted
for gas used in the operation of Transporter's pipeline system in
connection with such transportation. The applicable retain age
percentage shall be stated in the effective Notice of Rates in
this Tariff.
5.5 Right to File Rate Changes: Transporter shall have the unilateral
right to file with the appropriate regulatory agency and make
changes effective in the rates and charges or the terms and
conditions of this Rate Schedule or the applicable General Terms
and Conditions. Shipper may protest or contest any such filing.
6. GENERAL TERMS AND CONDITIONS
6.1 The General Terms and Conditions of this Tariff are incorporated
by reference into this Rate Schedule.
6.2 In the event of a conflict between the provisions of this Rate
Schedule and the General Terms and Conditions of this Tariff, the
provisions of the General Terms and Conditions shall govern.
Sheet Index Table
RP04- 67-000
Original Sheet No. 29 : Effective
RATE SCHEDULE NNS
NO NOTICE SERVICE
1. AVAILABILITY
This Rate Schedule is available for bundled firm transportation and
storage no notice service by NGO Transmission (hereinafter called
Transporter) for any Shipper that completes a valid request for service,
is awarded capacity under Section 3 hereof and executes a No Notice
Service Agreement ("NNS Agreement") consistent with this Rate Schedule
NNS.
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 Service under this Rate Schedule NNS shall consist of the
acceptance by Transporter of natural gas tendered by Shipper at
the Primary receipt point(s) on Transporter's system specified in
Exhibit A of Shipper's NNS Agreement, the storage of gas, the
transportation of such gas through Transporter's pipeline system,
and the delivery of a quantity of natural gas on a no notice basis
with the thermal equivalent of the quantity received at the
Primary receipt point(s) and from storage, after the appropriate
reductions for fuel and loss, up to the Maximum Daily Contract
Quantity (MDCQ), to Shipper or for Shipper's account at the
Primary delivery point(s) on Transporter's system specified in
Exhibit A of Shipper's NNS Agreement, or at any secondary points
on Transporter's system.
2.2 Subject to the provisions of this Rate Schedule NNS, Transporter
agrees to receive such quantities of natural gas as Shipper may
cause to be tendered to Transporter at the Primary receipt
point(s) designated on Exhibit A of Shipper's NNS Agreement, as
revised from time to time, for transportation and storage on a
firm basis; provided, however, that in no event shall Transporter
be obligated to receive on any day quantities in excess of the
Maximum Daily Quantity (MDQ) for each Primary receipt point(s) set
forth on Exhibit A of Shipper's NNS Agreement, or quantities in
excess of the MDCQ set forth in Shipper's NNS Agreement.
2.3 Transporter agrees to deliver and Shipper agrees to accept (or
cause to be accepted) at the Primary delivery point(s) designated
on Exhibit A of Shipper's NNS Agreement, or at any secondary
points on Transporter's system, a quantity of natural gas
Sheet Index Table
RP04- 67-000
Original Sheet No. 30 : Effective
thermally equivalent to the quantity received by Transporter for
transportation and withdraw from storage as provided in Section
2.4 hereunder less appropriate reductions for fuel and loss as
provided herein; provided, however, that Transporter shall not be
obligated to deliver on any day quantities in excess of the MDQ
for each Primary delivery point set forth on Exhibit A of
Shipper's NNS Agreement, or quantities in excess of the MDCQ set
forth in Shipper's NNS Agreement.
2.4 Subject to the provisions of this Rate Schedule NNS, Transporter
agrees to (1) inject and store such quantities of natural gas as
Shipper may cause to be tendered to Transporter for injection into
storage, less appropriate reductions for fuel and loss, and (2)
withdraw such quantities of natural gas up to Shipper's gas in
storage, all on a no notice basis.
2.5 Service under this Rate Schedule NNS on any day shall not exceed
the MDCQ or the individual MDQ for each receipt or delivery point;
provided, however, that Transporter may, at the request of Shipper
and agreement of Transporter, receive, store, transport and/or
deliver on any day quantities in excess of the MDCQ or MDQs stated
in Shipper's NNS Agreement, to the extent operationally feasible.
3. REQUESTS FOR CAPACITY; AWARD OF CAPACITY
3.1 Eligibility for Service: Any entity which meets the credit
standards set out in the General Terms and Conditions of this
Tariff may request service under this Rate Schedule NNS. A
request for service must comply with Section 5 of the General
Terms and Conditions of this Tariff.
3.2 Capacity: Acceptance of a request is contingent on the
availability of uncommitted system transportation and storage
capacity sufficient to provide the requested no notice service to
Shipper.
3.3 Award of Capacity: Transporter may, but is not obligated to,
accept any request for service at less than the applicable maximum
rate. Transporter will apply objective economic analysis in
awarding capacity. If several valid requests for capacity are
pending which exceed the availability of uncommitted capacity,
Transporter shall evaluate such requests based on the net present
value of incremental revenue under the respective requests,
Sheet Index Table
RP04- 67-000
Original Sheet No. 31 : Effective
reflecting volume, term, and the minimum rate Transporter will
accept for the service. If a request is not accepted by
Transporter within ten (10) days, it is deemed denied.
3.4 Applicability of Tariff: Submission of a request for service
hereunder shall be deemed agreement by Shipper that it will abide
by the terms and conditions of this Rate Schedule, including the
applicable General Terms and Conditions, if awarded capacity.
4. NOMINATION AND SCHEDULING
4.1 Shipper is required to nominate quantities at the receipt points,
but not quantities for injection into storage, withdrawal from
storage, or delivery at the delivery points. Shipper will,
however, use its best efforts to determine in advance its actual
daily demand at each delivery point in order to assist Transporter
in determining the appropriate blend of flowing gas and storage
injections or withdrawals necessary to serve that demand.
Nominations for quantities to be received at a receipt point
served by a Delivering Pipeline shall be issued to Transporter
concurrently with the nominations issued by Shipper to the
Delivering Pipeline in question. Nominations for quantities to be
received into Transporter's system from receipt points not served
by Delivering Pipelines shall be issued sufficiently in advance of
flow to permit Transporter to make appropriate arrangements to
receive and redeliver such gas, either to storage or to Shipper's
Delivery Points.
4.2 Transporter or its designee shall notify Shipper if nominated
quantities are rejected and not deemed scheduled despite receipt
of such information. With notice to Shipper, Transporter may make
arrangements with the Delivering Pipeline to facilitate Shipper's
ability to Schedule on one or more systems without duplicative
communications or confirmations.
4.3 Upstream Curtailment: If the Delivering Pipeline curtails or
interrupts deliveries of Shipper's gas to Transporter or if the
Receiving Pipeline curtails or interrupts receipts of Shipper's
Gas from Transporter, service by Transporter shall likewise be
curtailed or interrupted and Shipper will be responsible for
arranging adjustments of transportation quantities on all upstream
pipelines.
Sheet Index Table
RP04- 67-000
Original Sheet No. 32 : Effective
4.4 Supply Deficiencies: If Transporter experiences a supply short
fall due to the under delivery of supply to Transporter's system,
then (1) if the deficient source is known, Transporter will
curtail the corresponding Shipper; or (2) if the deficient sources
are indeterminable, then, to the extent practicable, Transporter
will curtail interruptible service before curtailing service under
this Rate Schedule.
5. DELIVERIES AND RECEIPTS
5.1 Receipt Points: Primary receipt point(s) for all gas transported
by Transporter under this Rate Schedule shall be at the mutually
agreeable receipt point(s) shown on Exhibit A to Shipper's NNS
Agreement, consistent with Section 5.2 of the General Terms and
Conditions of this Tariff. Transporter shall not be required
under any circumstances to receive gas at any receipt point where:
(1) the total quantity of gas scheduled for receipt of any Day is
less than that required for the accurate measurement of quantities
to be received; (2) Shipper has failed to make and properly
implement all necessary arrangements on upstream entities; or (3)
Shipper has failed to nominate such quantities consistent with
Section 9 of the General Terms and Conditions of this Tariff.
5.2 Delivery Points: Primary delivery point(s) for all gas
transported by Transporter under this Rate Schedule shall be at
the mutually agreeable delivery points shown Exhibit A to
Shipper's NNS Service Agreement, consistent with Section 5.2 of
the General Terms and Conditions of this Tariff. Transporter
shall not be required under any circumstances to deliver gas at
any delivery point where Shipper has failed to make and properly
implement all necessary arrangements on downstream entities.
5.3 Changing Primary Receipt and Delivery Points: Subject to the
availability of point and segment capacity and the agreement of
Transporter, Shipper may change the primary receipt or delivery
points under its NNS Agreement (including redistributing the MDCQ
among individual points) by an amendment of Exhibit A to the NNS
Agreement. If there are other requests pending for such capacity,
the award of capacity shall be consistent with Section 3 of this
Rate Schedule. Shipper shall lose its priority at previously
designated primary receipt and delivery points to the extent that
the amendment reduces the MDQ at any such point.
5.4 Secondary Receipt and Delivery Points: Shipper may use as a
secondary receipt or delivery point any other receipt or delivery
point on Transporter's system. Shipper's nomination should
Sheet Index Table
RP04- 67-001
First Revised Sheet No. 33 : Effective
Superseding: Original Sheet No. 33
identify any secondary receipt points that are to be used. A Shipper may also use
a primary receipt point as a secondary point to the extent that Shipper nominates
quantities at the primary point in excess of the Shipper's MDQ for that primary
point; provided that its total nominations under the NNS Agreement are less than or
equal to the MDCQ under the NNS Agreement. A Shipper's rights under this Rate
Schedule to use a secondary receipt or delivery point shall be superior to all
interruptible shippers' nominations at that point, but inferior to the rights of
all firm shippers using that point as a primary delivery or receipt point,
consistent with Section 9 in the General Terms and Conditions of this Tariff. If
Shipper's nominated total receipts on any day exceed the MDCQ stated in the NNS
Agreement (as adjusted for any retain age), volumes in excess of Shipper's MDCQ
shall be considered overrun and, if necessary, the receipt quantities for any point
shall be allocated in accordance with Section 9 of the General Terms and Conditions
of this Tariff.
5.5 Segmentation: To the extent operationally feasible, firm transportation capacity
that has been reserved under an NNS Agreement may be segmented by Shipper for its
own use or for the purpose of releasing that capacity to replacement shipper(s)
pursuant to Section 11 of the General Terms and Conditions. Subject to available
point capacity, segmentation may be used to complete separate forward and backhaul
deliveries to the same point.
6. RATES AND CHARGES
6.1 NNS Rates: Except to the extent Transporter and Shipper have agreed in writing to
a discounted rate pursuant to Section 29 of the General Terms and Conditions, or to
a negotiated rate pursuant to Section 26 of the General Terms and Conditions, the
applicable rates for service under this NNS Rate Schedule are the applicable
maximum NNS rates shown on the effective Notice of Rates in this Tariff.
The Monthly Bill for service under an NNS Agreement shall be equal to:
(a) Monthly Demand Charge: The monthly demand charge specified in Shipper's
NNS Agreement multiplied by the MDCQ as specified in the NNS Agreement;
(b) Commodity Charge: The applicable commodity charge(s) multiplied by the
dekatherms of natural gas transported and delivered in the Month pursuant
to this Rate Schedule; and
(c) If applicable, any other charges pursuant to Section 6 of this Rate
Schedule or the General Terms and Conditions of this Tariff.
Sheet Index Table
RP04- 67-000
Original Sheet No. 33 : Superseded
identify any secondary receipt points that are to be used. A
Shipper may also use a primary receipt point as a secondary point
to the extent that Shipper nominates quantities at the primary
point in excess of the Shipper's MDQ for that primary point;
provided that its total nominations under the NNS Agreement are
less than or equal to the MDCQ under the NNS Agreement. A
Shipper's rights under this Rate Schedule to use a secondary
receipt or delivery point shall be superior to all interruptible
shippers' nominations at that point, but inferior to the rights of
all firm shippers using that point as a primary delivery or
receipt point, consistent with Section 9 in the General Terms and
Conditions of this Tariff. If Shipper's nominated total receipts
on any day exceed the MDCQ stated in the NNS Agreement (as
adjusted for any retain age), volumes in excess of Shipper's MDCQ
shall be considered overrun and, if necessary, the receipt
quantities for any point shall be allocated in accordance with
Section 9 of the General Terms and Conditions of this Tariff.
6. RATES AND CHARGES
6.1 NNS Rates: Except to the extent Transporter and Shipper have
agreed in writing to a discounted rate pursuant to Section 29 of
the General Terms and Conditions, or to a negotiated rate pursuant
to Section 26 of the General Terms and Conditions, the applicable
rates for service under this NNS Rate Schedule are the applicable
maximum NNS rates shown on the effective Notice of Rates in this
Tariff.
The Monthly Bill for service under an NNS Agreement shall be equal
to:
(a) Monthly Demand Charge: The monthly demand charge specified
in Shipper's NNS Agreement multiplied by the MDCQ as
specified in the NNS Agreement;
(b) Commodity Charge: The applicable commodity charge(s)
multiplied by the dekatherms of natural gas transported and
delivered in the Month pursuant to this Rate Schedule; and
(c) If applicable, any other charges pursuant to Section 6 of
this Rate Schedule or the General Terms and Conditions of
this Tariff.
Sheet Index Table
RP04- 67-000
Original Sheet No. 34 : Effective
6.2 New Facilities:
(a) In addition to the charges pursuant to Section 5.1 of this
Rate Schedule, if Transporter agrees to construct facilities
for service requested by Shipper, Transporter shall charge
Shipper an advance equal in amount to 100% of the estimated
costs (including a gross-up for the income tax effects or
reimbursement) of facilities constructed at the Shipper's
request in order to provide transportation and/or storage
service under this Rate Schedule. Further, Transporter
shall charge Shipper an advance equal in amount to 100% of
the estimated costs (including a gross-up for the income tax
effects of reimbursement) to be incurred by Transporter for
appurtenant facilities and equipment, including but not
limited to electronic custody transfer equipment, metering
facilities, gradiometers, calorimeters, flow controllers or
other measurement or metering facilities. Such estimated
advance payments shall be subject to true-up to actual costs
incurred by Transporter for the construction of
transportation and/or storage and appurtenant facilities
within 30 days following completion of construction of such
facilities.
(b) Alternatively, if Transporter and Shipper mutually agree,
the costs of such facilities as determined pursuant to
Section 6.2(a) of this Rate Schedule may be recovered
through an additional monthly charge over an agreed period.
6.3 Incidental Charges: In addition to the charges pursuant to
Sections 6.1 and 6.2 of this Rate Schedule, Transporter may charge
Shipper an amount to reimburse Transporter 100% for any filing or
similar fees, and if applicable, sales or use tax that have not
been previously paid by Shipper, which Transporter incurs in
establishing or rendering service. Shipper shall also pay
Transporter any applicable penalties or charges specified in the
General Terms and Conditions of this Tariff.
6.4 Retainage: Transporter shall deduct from the volume tendered to
Transporter by Shipper, an amount of gas sufficient to compensate
Transporter for compressor station fuel, line loss and/or other
utility purposes, plus other unaccounted for gas used in the
operation of Transporter's pipeline system in connection with such
transportation. The applicable retain age percentage shall be
stated in the effective Notice of Rates in this Tariff.
Sheet Index Table
RP04- 67-000
Original Sheet No. 35 : Effective
6.5 Unauthorized Overrun Charge: If Shipper, upon receiving the
advance approval of Transporter, should on any day take under this
Rate Schedule a quantity of natural gas in excess of that which
Shipper is authorized to take under Shipper's NNS Agreement, then
such quantity shall constitute an authorized overrun quantity.
For all such authorized overrun volumes, Shipper shall pay
Transporter a rate up to the authorized overrun rate set out in
the effective Notice of Rates in this Tariff.
6.6 Authorized Overrun Charge: If Shipper, upon receiving the advance
approval of Transporter (including approval by scheduling of a
nomination), should on any day take under this Rate Schedule a
quantity of natural gas in excess of that which Shipper is
authorized to take under Shipper's NNS Agreement, then such
quantity shall constitute an authorized overrun quantity. For all
such authorized overrun volumes, Shipper shall pay Transporter a
rate up to the authorized overrun rate set out in the effective
Notice of Rates in this Tariff.
6.7 Right to File Rate Changes: Transporter shall have the unilateral
right to file with the appropriate regulatory agency and make
changes effective in the rates and charges or the terms and
conditions of this Rate Schedule or the applicable General Terms
and Conditions. Shipper may protest or contest any such filing.
7. GENERAL TERMS AND CONDITIONS
7.1 The General Terms and Conditions of this Tariff are incorporated
by reference into this Rate Schedule.
7.2 In the event of a conflict between the provisions of this Rate
Schedule and the General Terms and Conditions of this Tariff, the
provisions of the General Terms and Conditions shall govern.
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RP04- 67-000
Sheet Nos. 36 - 59 : Effective
Sheet Nos. 36 through 59 are reserved for future use.
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RP04- 67-000
Original Sheet No. 60 : Effective
GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
Sheet
Number
1. Definition of Terms 61
2. Quality 65
3. Measurement 65
4. Measurement Equipment 66
5. Qualification for Service 69
6. Credit Requirements 71
7. Termination of Agreements 75
8. Operational Flow Orders 76
9. Scheduling of Receipts and Deliveries 79
10. Invoicing and Payments 90
11. Temporary Release or Permanent Assignment of Rights to
Firm Transportation Service 92
12. Possession of Gas 102
13. Warranty of Title to Gas 102
14. Pressures and Availability of Delivery Points 103
15. Excuse of Performance and Remedies 103
16. Notices and Communications 104
17. Modification of Service Agreements 105
18. Waivers and Future Default 105
19. Applicable Regulations 106
20. Code Compliance 106
21. Web Site Access and Complaints 106
22. Construction of Facilities 107
23. Incorporation in Rate Schedules and Service Agreements 107
24. Operational Purchases and Sales of Gas 107
25. Successors and Assigns 108
26. Negotiated Rates 108
27. Acquired Capacity 111
28. ACA Charge 111
29 Discounting Policy 112
30. North American Energy Standards Board (NAESB) Standards 113
31. Affiliate Provisions 113
32. Nondiscriminatory Waiver of Tariff Provisions 114
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RP04- 67-000
Original Sheet No. 61 : Effective
GENERAL TERMS AND CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this Tariff and in any transportation
service agreement shall be construed to have the following meanings:
1.1 The term "Bidder" shall mean, depending upon the context, any
person that submits a bid for released transportation capacity
pursuant to the terms of Section 11 in these General Terms and
Conditions, any person which submits a bid in a right of first
refusal procedure under Section 7 of these General Terms and
Conditions, or any person requesting interruptible service at a
specified rate on any Day.
1.2 The term "British thermal unit" or "Btu" shall mean the amount of
heat required to raise the temperature of one pound of water one
degree Fahrenheit at a standard pressure of 14.73 dry psia at 60
degrees Fahrenheit (101.325 kPa and 15 degrees C, and dry). (The
reporting basis for gigacalorie is 1.035646 Kg/cm and 15.6 degrees
C and dry.)
1.3 The term "business day" shall mean Monday through Friday,
excluding Federal Banking Holidays for transactions in the U.S..
1.4 The term "Central Clock Time" and "CCT" shall mean Central
Daylight Time when daylight savings time is in effect and Central
Standard Time when daylight savings time is not in effect.
1.5 The term "Commission" or "FERC" shall mean the Federal Energy
Regulatory Commission, unless stated otherwise.
1.6 The term "Confirmation" shall mean a communication that reflects
the quantity of gas to be received or delivered on behalf of each
Shipper at a receipt or delivery point.
1.7 The term "cubic foot" shall mean the volume of gas that occupies
one cubic foot when such gas is at a temperature of 60 degrees
Fahrenheit, and at a pressure of 0.33 pounds per square inch above
an assumed atmospheric pressure of 14.4 pounds per square inch
(14.73 points per square inch absolute [psia]) and dry. For gas
volumes reported in cubic meters, the standard conditions are
101.325 kPa, 15 degrees C, and dry.
1.8 The term "Daily Limit" shall mean the quantity specified in an
Operational Flow Order at a receipt or delivery point.
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RP04- 67-000
Original Sheet No. 62 : Effective
1.9 The term "day" and "gas day" shall mean a period of 24 consecutive
hours, beginning and ending at 9:00 A.M. Central Clock Time.
1.10 The term "dekatherm" or "dth" shall mean the quantity of heat
energy that is 1,000,000 Btu's. The standard quantity for
nominations, confirmation and scheduling is dekatherm per Gas Day
in the United States.
1.11 The term "Delivering Pipeline" shall mean any pipeline that
interconnects with and delivers into Transporter.
1.12 The term "Discounted Rate" shall mean a rate determined under
Section 29 of these General Terms and Conditions.
1.13 The term "Maximum Daily Contract Quantity" or "MDCQ," where used
herein or in a service agreement, shall mean the maximum total
quantity of natural gas that Transporter shall be obligated to (a)
transport on a daily firm basis under an FTS Agreement or on a
daily interruptible basis under an ITS Agreement, (b) store on a
firm basis under an FSS Agreement or on an interruptible basis
under an ISS Agreement, or (c) transport and/or store on a daily
firm basis under an NNS Agreement.
1.14 The term "Maximum Daily Quantity" or "MDQ" where used herein or in
a service agreement shall mean the maximum quantity of natural gas
that Transporter shall be obligated (a) receive at any individual
receipt point on any Day, or (b) deliver to any individual
delivery point on any Day.
1.15 The term "Maximum Daily Injection Quantity" or "MDIQ" where used
herein or in an FSS Agreement shall mean the maximum quantity of
natural gas that Transporter shall be obligated to accept into
storage on any day.
1.16 The term "Maximum Daily Withdrawal Quantity" or "MDWQ" where used
herein or in an FSS Agreement shall mean the maximum quantity of
natural gas that Transporter shall be obligated to deliver from
storage on any day.
1.17 The term "Mcf" shall mean 1,000 cubic feet of gas.
1.18 The term "month" shall mean the period beginning at 9:00 A.M. CCT
on the first day of the calendar month and ending at 9:00 A.M. CCT
on the first day of the next succeeding calendar month.
1.19 The term "Negotiated Rate" shall mean a rate determined under
Section 26 of these General Terms and Conditions.
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RP04- 67-000
Original Sheet No. 63 : Effective
1.20 The term "Operational Flow Order(s)" or "OFO" shall mean an order
issued pursuant to Section 8 of these General Terms and Conditions
to alleviate conditions, inter alia, which threaten or could
threaten the safe operations or integrity of Transporter's system
or to maintain operations required to provide efficient and
reliable firm service. An OFO may cover actions required of any
Shipper or Shippers in order to ensure deliveries of gas to all
firm Shippers in accordance with their Scheduled Quantities or as
required to maintain system integrity or when an interconnecting
entity calls an OFO or takes similar action. Whenever the
Transporter experiences these conditions, any pertinent order
should be referred to as an Operational Flow Order.
1.21 The term "Receiving Pipeline" shall mean the pipeline or other
entity that is interconnected with Transporter and physically
receives gas delivered by Transporter either for its own account
or that of others.
1.22 The term "Recourse Rate" shall mean the applicable maximum rate
which would apply to a service but for agreement on a Negotiated
or Discounted Rate.
1.23 The term "Release Quantity" shall mean the quantity that a Shipper
releases under Section 11 of these General Terms and Conditions.
The Release Quantity shall be stated in dth per day.
1.24 The term "Releasing Shipper" shall mean any Shipper that releases
capacity pursuant to the provisions of Section 11 of these General
Terms and Conditions.
1.25 The term "Replacement Shipper" shall mean any shipper that
purchases temporarily or permanently released capacity pursuant to
the provisions of Section 11 in these General Terms and
Conditions.
1.26 The term "Retainage" shall mean the volume of gas which
Transporter retains to compensate it for any system gas used,
which includes fuel gas or gas lost and unaccounted for, as
applicable. Transporter is to redeliver at delivery points the
volume of gas it receives from Shipper less Retainage. The
difference between Btus delivered to Transporter for
transportation from all Shippers and Btus redelivered to all
Shippers hereunder, shall be deemed Retainage. Each Shipper shall
provide such Retainage to the actual Btus of gas delivered by such
Shipper to Transporter during the period covered by the thermal
balance.
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RP04- 67-000
Original Sheet No. 64 : Effective
1.27 The term "Scheduled Quantity" shall mean the quantity of natural
gas that Shipper nominates for receipt at a receipt point or
redelivery to Shipper at a delivery point, and that Transporter
schedules for receipt and/or delivery.
1.28 The term "service agreement" shall mean an FTS, ITS, FSS, ISS or
NNS Agreement, or all, depending upon the context. This term
includes agreements which reflect a Negotiated or Discounted Rate,
and agreements entered into with a Replacement Shipper. A service
agreement which includes a Negotiated Rate shall conform to the
Form of Service Agreement set out in this Tariff, except for the
special elements identified in Section 26 of these General Terms
and Conditions. A service agreement between Transporter and a
Replacement Shipper shall conform to the Form of Service Agreement
set out in this Tariff, except for the additional items required
under Section 11 of these General Terms and Conditions, and
provisions necessary to reflect the permissible terms and
conditions of the specific release.
1.29 The term "Shipper" shall mean any party receiving service pursuant
to any of Transporter's Rate Schedules and service agreements.
1.30 The term "Shipper's Facilities" shall mean all Shipper's or
Shipper's gatherer's pipes, pipelines, and equipment used for
physically handling, transporting, and distributing natural gas to
be transported by Transporter.
1.31 The term "title," if not otherwise addressed in Transporter's
contract or tariff, is the term used to identify the ownership of
gas.
1.32 The term "total heating value," when applied to a cubic foot of
gas, shall mean the number of Btu's produced by the complete
combustion with air at constant pressure of one anhydrous (dry)
cubic foot of gas under a pressure of 14.73 psia and a temperature
of 60 degrees Fahrenheit and when the products of combustion are
cooled to the initial temperature of the gas and air and the water
formed by combustion is condensed to the liquid state.
1.33 The term "Transporter" shall mean NGO Transmission.
1.34 The term "year" shall mean a period of 365 consecutive Days
beginning on the date natural gas is first delivered or is to be
delivered under the gas transportation, storage, and/or other
service contract, whichever is earlier, or on any anniversary
thereof; provided, however, that any such year that contains a
date of February 29 shall consist of 366 consecutive Days.
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RP04- 67-000
Original Sheet No. 65 : Effective
2. QUALITY
Shipper is obligated to deliver to Transporter gas meeting the quality
specifications in the Delivering or Receiving Pipeline's tariff.
3. MEASUREMENT
3.1 Unit of Measurement: The transportation and storage unit of gas
received and delivered by Transporter shall be a dekatherm, unless
otherwise indicated in this tariff.
3.2 Determination of Volume and Total Heating Value: The volume and
the total heating value of gas received and delivered by
Transporter shall be determined as follows, provided that
Transporter shall have the right, at any time, to rely on the
measurements and statements for quantities and heating values of
gas actually provided to Transporter by the Delivering and/or
Receiving Pipeline.
(a) The unit of volume, for the purpose of measurement, shall be
one (1) cubic foot of gas at a temperature of sixty (60)
degrees Fahrenheit, and at a pressure of thirty-three
hundredths (.33) pounds per square inch above an assumed
atmospheric pressure of fourteen and four tenths (14.4)
pounds per square inch (fourteen and seventy-three
hundredths (14.73) pounds per square inch absolute pressure)
and dry. For gas volumes reported in cubic meters, the
standard conditions are 101.325 kPa, 15 degrees C, and dry.
(b) The total heating value of the gas per cubic foot shall be
as determined by the Delivering Pipeline.
(c) Dekatherms delivered shall be determined by multiplying the
Mcf delivered by the ratio of the total heating value of the
gas delivered to 1,000. For purposes of this determination
the specific gravity and heating value shall be determined
at approximately the same time.
(d) The temperature of the gas passing through the meters shall
be determined by a temperature transducer, another type of
electronic temperature recording device, a recording
thermometer, or any other method mutually agreed upon, so
installed that it may properly record the temperature of the
gas flowing through the meters.
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RP04- 67-000
Original Sheet No. 66 : Effective
(e) The specific gravity of the gas delivered to Transporter
shall be determined by the Delivering Pipeline.
(f) The deviation of the natural gas from Boyle's Law shall be
determined by American Gas Association Par Research Project
NX-19 or any superseding applicable publications by the
American Gas Association.
(g) The closing of measurement shall be the later of the fifth
(5th) Business Day after the close of the month or the third
Business Day after receiving a statement from the relevant
Delivering Pipeline stating the quantities delivered to
Transporter.
4. MEASUREMENT EQUIPMENT
4.1 Measuring Facilities: Unless Transporter agrees otherwise, all
necessary measuring facilities shall be installed, owned,
maintained and operated by Transporter or Transporter's designee
at or near the applicable receipt point(s) and delivery point(s).
(a) Orifice Meters: Orifice meters, if used, shall be
installed, and gas quantities computed, in accord with
American National Standard Bulletin ANSI/API 2530, AGA
Report No. 3, Orifice Metering of Natural Gas, dated May 16,
1985, and any modifications and amendments thereof, and
shall include the use of flange connections and
straightening vanes.
(b) Diaphragm, Rotary or Turbine Meters: Diaphragm or Rotary
meters, if used, shall be installed and gas quantities
computed, in accordance with generally accepted industry
practices. Turbine meters shall be installed in accordance
with AGA Report No. 7 (latest edition) with quantities
computed in accordance with generally accepted Industry
practices.
(c) Electronic Flow Computers: The use of electronic or other
types of flow computers is required, unless otherwise
mutually agreed, and such equipment shall be installed, and
quantities calculated, in accord with generally accepted
industry practices.
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RP04- 67-000
Original Sheet No. 67 : Effective
(d) New Measurement Techniques: If, at any time, a new method or
technique is developed with respect to gas measurement or the
determination of the factors used in such gas measurement, such
new method or technique may be substituted upon mutual agreement
thereto by the parties.
4.2 Right to be Present: Transporter and Shipper shall each have the
right to have representatives present at the time of any
installing, reading, cleaning, changing, repairing, inspecting,
testing, calibrating or adjusting done in connection with the
other's measuring equipment used in measuring or checking the
measurement of deliveries of gas under the transportation
contract. The records from such measuring equipment shall remain
the property of their owner, but, upon request, each will submit
to the other its records and charts, together with calculations
therefrom, for inspection and verification, subject to return
within ten Days after receipt thereof.
4.3 Care Required: Any installation of measuring equipment applying
to or affecting deliveries of gas shall be made in such manner as
to permit an accurate determination of the quantity of gas
delivered and ready verification of the accuracy of measurement.
Care shall be exercised by both parties in the installation,
maintenance and operation of pressure-regulating equipment so as
to prevent any inaccuracy in the determination of the quantity of
gas delivered under service agreements.
4.4 Calibration and Testing of Meters:
(a) The accuracy of Transporter's or Shipper's measuring
equipment shall be verified at reasonable intervals and, if
requested, in the presence of representatives of the other
party, but neither party shall be required to verify the
accuracy of such equipment more frequently than once in any
thirty-day (30) period. In the event either party shall
notify the other that it desires a special test of any
measuring equipment, the parties shall cooperate to secure a
prompt verification of the accuracy of such equipment. The
expense of any such special test, if called for, shall be
borne by the requesting party if the measuring equipment
tested is found to be in error not more than two percent
(2%).
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RP04- 67-000
Original Sheet No. 68 : Effective
(b) If, upon testing, any measuring equipment is found to be in
error by not more than two percent (2%), previous recordings
of such equipment shall be considered accurate in computing
deliveries of gas, but such equipment shall be adjusted at
once to record accurately.
(c) If, upon test, any measuring equipment shall be found to be
inaccurate by an amount exceeding two percent (2%), at a
recording corresponding to the average hourly rate of flow
for the period since the last preceding test, then any
previous recordings of such equipment shall be corrected to
zero error for any period that is known definitely, but in
case the period is not known or agreed upon, such correction
shall be for a period extending over one-half of the time
elapsed since the date of the last test, not exceeding a
correction period of sixteen (16) days.
4.5 Correction of Metering Errors -- Failure of Meters: In the event a
meter is out of service or registering inaccurately, the volume of
gas delivered shall be determined:
(a) by using the registration of any check meter or meters, if
installed and accurately registering; or, in the absence of
(a);
(b) by correcting the error if the percentage of error is
ascertainable by calibration, tests, or mathematical
calculation; or, in the absence of both (a) and (b), then;
(c) by estimating the quantity of delivery by deliveries during
periods under similar conditions when the meter was
registering accurately.
4.6 Correction of Metering Errors -- Adjustments: A measurement data
correction shall become a prior period adjustment (PPA) after the
fifth (5th) business day following the delivery month. Measurement
data corrections shall be processed within six (6) months from the
delivery month, unless (i) Transporter and Shipper mutually agree
otherwise or (ii) the correction is the result of a deliberate
omission or misrepresentation by a Party or a mutual mistake of
fact. In all instances where a correction is made, Shipper or
Transporter, as applicable, has ninety (90) days to dispute the
correction. In the case of corrections made under (i) or (ii)
above, the period for resolving corrections will be tolled until
the correction is settled.
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Original Sheet No. 69 : Effective
4.6 Preservation of Metering Records: Transporter and Shipper shall
each preserve for a period of at least one (1) year all test data,
charts and other similar records.
5. QUALIFICATION FOR SERVICE
5.1 Request for Service: All Shippers requesting firm or
interruptible transportation service must provide the applicable
information required by this Section 5 in order to qualify for
service. Requests must be provided by a means consistent with
Section 16 of these General Terms and Conditions. Any material
modification, in whole or in part, of an existing service shall be
requested by Shipper's submission of a new request for service