Energy West Development, Inc.
Original Volume No. 1
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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective
Second Revised Sheet No. 41 Second Revised Sheet No. 41
Superseding: First Revised Sheet No. 41
General Terms and Conditions
(b) Delivery Point Scheduling. If on any day Shipper takes delivery of a
quantity of Gas from Transporter at any Delivery Point which exceeds or
falls short of the Scheduled Equivalent Quantity for such Delivery Point by
the greater of ten percent or 400 Dth, then for all quantities in excess of
or which fall short of the Scheduled Equivalent Quantity by more than the
greater of ten percent or 400 Dth of the Scheduled Equivalent Quantity for
such Delivery Point, Shipper shall pay Transporter a penalty equal to the
maximum IT Rate Schedule rate.
(c) On any day on which Shipper may be liable for Scheduling Penalties under
both Sections 6.2(a) and 6.2(b) of the General Terms and Conditions of this
Tariff, Transporter shall impose on Shipper only the greater of the two
6.3 Balancing Penalty.
(a) Daily Balancing. If on any day Shipper delivers to Transporter Input
Quantities at the Receipt Point(s) which (after adjustment for the L & U
Percentage) are in excess of or deficient by the greater of 1,000 Dth or ten
percent of the Equivalent Quantities taken by Shipper at the Delivery
Point(s), Transporter shall provide Shipper 48 hours notification, or such
lesser period of time as reasonably required by Transporter to protect the
integrity of its system, to initiate corrective action. In the event
Shipper fails to agree upon the appropriate corrective action to be
implemented with Transporter or fails to initiate the corrective action
mutually agreed upon by Shipper and Transporter within the period provided,
Transporter shall charge Shipper a penalty equal to the maximum applicable
rate under the IT Rate Schedule per Dth for any receipts which are in excess
of or deficient by the greater of ten percent or 1,000 Dth of deliveries
after the time at which corrective action was to have taken effect.
(b) Monthly Balancing. At least seven days prior to the end of each Month
Transporter will notify Shipper if it appears that Input Quantities will be
in excess of or deficient of the quantities taken by Shipper at all Delivery
Points. In the event Shipper fails to agree upon the appropriate corrective
action to be implemented with Transporter within five Business Days after
notification, or fails to carry out the corrective action agreed upon within
the agreed upon time frame, Transporter shall charge Shipper a penalty equal
to the maximum applicable rate under the IT Rate Schedule per Dth for any
excess of deliveries over receipts that has not been made up, and
Transporter shall retain any excess of receipts over deliveries that has not
been made up.
Imbalances for any Month that become apparent after the time for notice has
expired shall be considered as an imbalance for the Month following the
Month in which the imbalance became apparent.
6.4 Overrun Penalty. If on any day Shipper takes delivery of a quantity of Gas from
Transporter at any Delivery Point which exceeds Shipper's Maximum Equivalent
Quantity at such Delivery Point by two percent, then Shipper shall pay to
Transporter $2.50 for each Dth up to 50 Dth in excess of the applicable Maximum
Equivalent Quantity, and $25.00 per Dth for any additional quantity of Unauthorized
Daily Overrun taken by Shipper at such Delivery Point.