GENERAL TERMS AND CONDITIONS

(continued)


 


 

underdelivered quantities equal to or less than that particular Gas

Day's posted allowable daily dispatching variation. Shipper shall

pay a penalty only for unauthorized underdelivery quantities

occurring at the time an OFO is issued. Such penalties do not

mitigate Shipper's responsibility to resolve imbalances resulting

from such underdelivery.


 

The payment of a penalty for such daily unauthorized underdelivered

gas hereunder shall under no circumstances be considered as giving

Shipper the right to not transport its scheduled gas or be

considered as a substitute for any other remedy available to

Pipeline against the offending Shipper for failure to stay within

Shipper's applicable MDDO.


 

7.9 Scheduling Penalty. Shipper shall pay a scheduling penalty for each

Dth delivered at Shipper's Delivery Point in excess of 102% of

scheduled quantities. The scheduling penalty shall be the IT rate

published on Sheet No. 6 multiplied by each Dth delivered at

Shipper's Delivery Point in excess of 102% of the scheduled

quantities. Shipper shall pay the scheduling penalty in addition to

any other applicable charges and penalties.


 

7.10 Disposition of Penalties. All overrun and underdelivery penalties

collected by Pipeline during a calendar year, less the revenues

received or due for transportation services associated with that

overrun gas, shall be directly refunded annually to each Non-

Offending Shipper, as set forth in GT&Cs Section 25 for the Month(s)

in which such penalties were incurred. Such refunds shall be

distributed pursuant to GT&Cs Section 25. In the event that there

are no Non-Offending Shippers in a given Month, 100% of such overrun

and undeliveries penalties shall be carried forward to the next

month.