Williston Basin Interstate Pipeline Co.
Second Revised Volume No. 1
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Effective Date: 03/13/2009, Docket: RP09-356-001, Status: Effective
Substitute Fifth Revised Sheet No. 283C Substitute Fifth Revised Sheet No. 283C
Superseding: Fifth Revised Sheet No. 283C
GENERAL TERMS AND CONDITIONS (Continued)
18. UNAUTHORIZED GAS (Continued)
quantities; provided, however, that any such resolution must be in
a manner acceptable to Transporter. If the matter of the
unauthorized delivery quantities remains unresolved after this
period, the party responsible for taking such quantities of
outstanding Unauthorized Gas deliveries shall pay the applicable
balancing and nomination variance penalties in accordance with
Section 15 of these General Terms and Conditions.
18.3.3 Nothing herein shall limit Transporter's right to take
any actions required to maintain the safety and integrity of its
system operations, including the right to physically prevent a
party from taking delivery of any Unauthorized Gas.
18.3.4 Transporter may, in the exercise of its reasonable
discretion, and on a nondiscriminatory basis, waive all or a part
of the Unauthorized Gas penalties which might otherwise apply.
Transporter shall maintain a record of all such waivers granted to
an affiliate. Such record shall include the basis for Transporter
granting the waiver and shall be posted on Transporter's Website.
18.3.5 Unauthorized Gas Delivery Penalty Credits: Transporter
shall credit to Qualifying Rate Schedule FT-1 and IT-1 Shipper(s)
any Unauthorized Gas Delivery Penalty revenues received from any
of Transporter's Shippers, net of Transporter's costs. For
purposes of this Subsection, Qualifying Rate Schedule FT-1 and IT-
1 Shippers shall include those Shippers who did not themselves
incur any Unauthorized Gas Delivery Penalties under Subsection
18.104.22.168 during the month in which the Unauthorized Gas Delivery
Penalties were incurred. Unauthorized Gas Delivery Penalty
revenues to be credited shall be calculated by summing the
revenues received for Unauthorized Gas Delivery Penalties less any
costs incurred by Transporter. If the sum is positive (net
Unauthorized Gas Delivery Penalty revenues exceed net costs)
Transporter shall credit such excess revenues to the Qualified
Shipper(s). If the sum is negative (net Unauthorized Gas Delivery
Penalty revenues are less than net costs) Transporter shall carry
over such amount to the subsequent month and include it in such
subsequent month's calculation until Transporter is made whole.
The portion of any Unauthorized Gas Delivery Penalty revenues to
be credited to each Qualifying Shipper shall be based on the ratio
of each Qualifying Shipper's applicable monthly transportation
delivery quantities to the total of the Qualifying