GENERAL TERMS AND CONDITIONS

(continued)


 


 

(d) Pipeline will refund or carry forward, for each calendar

year, any difference between the revenues received by

Pipeline and the costs incurred by Pipeline associated

with Pipeline's OBAs. To the extent the difference

between such revenues and costs during any calendar year

is less than Four Hundred Thousand Dollars ($400,000),

Pipeline shall carry forward the difference to the next

calendar year. To the extent the difference, inclusive

of carried over amounts, is greater than Four Hundred

Thousand Dollars ($400,000), Pipeline shall refund or

invoice each OBA Party in proportion to such OBA Party's

receipt and delivery of gas from or to Pipeline's system

relative to such receipt and delivery by all OBA Parties

during such calendar year, within one-hundred twenty

(120) Days after the end of the calendar year.


 

7.2 Determination of Receipts


 

A Shipper's receipts shall be the scheduled quantities transported

to the Receipt Point(s), plus the Fuel Retainage Percentage. Any

imbalances resulting from a variation between the aggregate of

Shipper's receipts and measured flow at an interconnect shall be

managed pursuant to an OBA with an upstream operator.


 

Shipper shall be responsible for any imbalances that it creates on

upstream facilities. Such imbalance charges and penalties on

upstream facilities shall be recovered by the upstream operator

directly from the Shipper.