Canyon Creek Compression Company

First Revised Volume No. 1A

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Effective Date: 05/01/1991, Docket: RP91-123-000, Status: Effective

Original Sheet No. 21 Original Sheet No. 21 : Superseded





deductions for Fuel Gas and Unaccounted For Gas except that Canyon

may conform such volumes to the volume actually delivered by

Customer to Canyon at the point(s) of receipt to the extent

possible. Canyon will assess penalties based on daily tolerance

levels except in situations where the information necessary to

effectuate daily penalties is not available; in such cases the

penalties will be assessed based on monthly tolerance levels.


10.2 If deliveries by Customer to Canyon at Canyon point(s)

of receipt vary in any day by more than the greater of ten percent

(10%) or fifty (50) MMBtu in the case of daily penalties, or vary

during any month by more than the greater of four percent (4%) or

fifty (50) MMBtu in the case of monthly penalties, from the

deliveries at Canyon point(s) of delivery for that day or month (as

appropriate), after appropriate adjustments for Fuel Gas and

Unaccounted For Gas, this provision shall apply. Any time a

Customer has an imbalance on Canyon's System in any amount (even if

the amount is less than the amount required to effectuate the

assessment of penalty charges under this Section 10), Customer shall

provide at Canyon's request and within five (5) days of the date of

request a make-up schedule to correct such imbalance. If the

initial make-up schedule submitted by Customer is unacceptable to

Canyon, then Canyon shall notify Customer that such make-up schedule

is unacceptable and Customer shall have an additional five (5) days

to submit a revised make-up schedule which is acceptable to Canyon.

Canyon may not commence assessing the charges hereunder until at

least two (2) days after Canyon notifies Customer that an imbalance

is being experienced which would subject Customer to this charge.

Customer shall have two (2) days in cases of a daily penalty and

forty-five (45) days in cases of a monthly penalty after the end of

such notice period to make up the imbalance. If the imbalance is

not made up at the end of that period, then Customer shall pay

Canyon an amount equal to an imbalance penalty of one dollar ($1)

per MMBtu multiplied by the total volume of any underage or

overage. Such charges shall be included in the regular monthly

billing by Canyon to Customer. Notwithstanding the above, should

Canyon, at its discretion, deliver or cause to be delivered volumes

which would otherwise cause Customer to incur this fee for

nonconforming redeliveries, Canyon shall notify Customer of such

operating changes and such fees will be reduced to the extent

applicable and any resulting imbalances shall be made up on a

mutually agreeable basis as soon as possible.