2 minute read

7 Payment in respect of non-compliant gas

Next Article
11 Not Used

11 Not Used

(including, but not limited to any steps pursuant to Local Operating Procedures in respect of a BSEP and/or relevant Emergency Procedures in respect of a TSEP) to limit the rate at which noncompliant gas is delivered to the System or to secure that such gas is not so delivered and in respect of a BSEP, the Operator at its sole discretion shall be entitled to:

(a) Operate the remotely operated valve at the BSEP so as to limit, or prevent, the delivery of gas to the System pursuant to the terms of the Network Entry Agreement; and

(b) Require the Registered User to make Biomethane Delivery Nominations which reflect the so limited quantity, or with a Nomination Quantity of zero, in respect of each Gas Flow Day during the period in which gas is so limited or prevented, respectively, from entering the System.

6.5 Subject to paragraph 7.5, where non-compliant gas has been delivered on any Day to the System, each Delivering User shall be liable to pay to the Operator an amount determined in accordance with paragraph 7.

6.6 Where the Operator becomes aware (pursuant to the applicable Measurement Provisions or otherwise) that non-compliant gas is being or has been delivered to the System on any Day, the delivery of which is likely in the Operator's opinion to entitle the Operator to claim any material sum under paragraph 7, the Operator will inform Users of that fact; provided that no failure by the Operator so to inform any User shall affect the Operator's rights under paragraphs 6.5 and 7.

6.7 For the purposes of this Section G, subject to paragraph 7.5, "non-compliant gas" is gas delivered or tendered for delivery to the System at System Entry Points, in respect of which ( or the delivery or tendered delivery of which) any of the relevant Gas Entry Conditions is not or was not complied with.

7 Payment in respect of non-compliant gas

7.1 Subject to paragraphs 7.2 and 7.3, the amount payable by a Delivering User to the Operator under paragraph 6.5 shall be its Delivery Proportion at the relevant System Entry Point multiplied by the total of all costs and expenses reasonably incurred by the Operator in consequence of the delivery of the non-compliant gas, including (without limitation) costs and expenses incurred:

(a) in cleaning or clearing any part of the System; and/or

(b) in taking reasonable measures to secure that the System can be operated in accordance with applicable Legal Requirements notwithstanding the delivery or continued delivery of such non-compliant gas.

7.2 The amount payable by a Delivering User pursuant to paragraph 7.1 shall not exceed 10% of the amount calculated as the User's Delivery Proportion at the Relevant System Entry Point multiplied by the GMO Daily Gas Price.

7.3 Where any amount has become payable to the Operator pursuant to paragraph 6.5:

(a) the Operator shall as soon as reasonably practicable after the Close-out Date so notify each Delivering User specifying:

43

This article is from: