Enbridge Offshore Pipelines (Utos) LLC


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Effective Date: 08/01/2009, Docket: RP09-815-000, Status: Effective

Second Revised Sheet No. 33 Second Revised Sheet No. 33

Superseding: First Revised Sheet No. 33







4.2 Minimum Monthly Bill. None


4.3 Authorized Overrun. In addition to the charges specified

above, Shipper agrees, subject to Section 8 of the

General Terms and Conditions, to pay UTOS an amount equal

to the overrun charge determined as follows:


The overrun charge shall be the product of the volumes of

Gas, expressed in Dth, received by UTOS from Shipper, or

for the account of Shipper, at each Point of Receipt set

forth in Exhibit A of the Transportation Agreement during

any Day, which are in excess of the Maximum Daily Volume

(MDV) for such point of receipt, and UTOS' effective

overrun rate per Dth, as set forth on Sheet No. 4 to

UTOS' F.E.R.C. Gas Tariff, Fifth Revised Volume No. 1.


4.4 Unauthorized Overrun. UTOS shall notify Shipper

verbally of any unauthorized overrun service that is

occurring for Shipper and if such unauthorized overrun is

creating an operational problem on its System, and shall

immediately confirm such notification by telex or similar

means. If Shipper has been notified that its

unauthorized overruns are creating an operational problem

or endangering service to other Shippers, the Shipper

shall pay UTOS a penalty of $2.00 per Dth or the current

Spot Market Price for the Offshore Texas region as

reported in Natural Gas Week, whichever is higher, for

any unauthorized daily overrun not terminated within 24

hours of UTOS' verbal notification. Such penalty

payments shall be paid to UTOS in addition to the charges

otherwise payable by Shipper under this or the

appropriate Rate Schedule. UTOS may waive, in whole or in

part, any overrun penalty provided for herein if, in

UTOS' sole discretion, such penalty was incurred due to

circumstances beyond Shipper's control.


(i) UTOS shall flow through to non-offending FT and IT

Shippers, as a non-discriminatory credit to their

bills, unauthorized penalty revenues received under

this section, net of any costs that UTOS incurs

that relate to such unauthorized overrun, e.g.,

penalties from upstream suppliers.

(ii) Such flow though will be made annually to all

Shippers pro-rata based on the ratio of such

Shipper's through-put for the most recent twelve

(12) Months (excluding the volume for any Month

that the Shipper was penalized for unauthorized

overrun) to the total through-put of all Shippers

during the same period (excluding the volume for

the Month applicable to any Shipper that was

penalized for unauthorized overrun during such



4.5 Transportation of Associated Liquids. If Associated

Liquids are transported hereunder for Shipper and UTOS is

required by any regulatory agency, from time to time, to

allocate a portion of its cost of service to such

transportation service or to charge, or impute, a fee for

such service, then Shipper shall reimburse UTOS for such

allocated costs and such fee.