GENERAL TERMS AND CONDITIONS
(CONTINUED)
(b) The net SBA balance determined in Section 23.3(a),
through January 31 of the year in which the filing
pursuant to Section 23.3(c) is made will be refunded or
recovered from Shipper pursuant to the procedures in
this Section 23.3. Upon determining the net SBA balance
at the end of the accumulation period, Transporter shall
calculate surcharges or refunds designed to allocate
such balance to Shippers based upon each Shipper's
actual throughput during the twelve-month accumulation
period. A Shipper's net debit or credit for the
accumulation period shall be due and payable sixty (60)
Days after the Commission's acceptance of the filing
pursuant to Section 23.3(c). Notwithstanding the
immediately preceding sentence, if the net SBA balance
results in a surcharge/debit, each Shipper who is
allocated a surcharge/debit shall have the right by
providing notice to Transporter within the sixty (60)-
Day period to elect to pay the surcharge/debit ratably
over the twelve (12)-Month period, commencing with the
first Day of the first calendar month following the last
Day of the sixty (60)-Day period,with interest
calculated for each payment from the end of the sixty
(60)-Day period until the payment is made (at the rate
set forth in Section 154.501(d) of the Commission's
regulations).
(c) Transporter shall file on May 1, 2005, and each year
thereafter, to establish the SBA refund or surcharge
determined pursuant to the procedures in this Section
23.3.
24. PENALTIES AND PENALTY CREDITING MECHANISM
24.1 Rate Schedule PALS penalties.
(a) Penalty for PALS Non-compliance
In the event that a Shipper incurs a penalty pursuant to
Section 4.1(b) of Rate Schedule PALS, which section is
applicable if a Shipper does not comply with
Transporter's notice given pursuant to Section 4.1(a) of
Rate Schedule PALS to either remove Park service
quantities or to return Loan service quantities,
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