Operating Code PDF
Operating Code PDF
OPERATING CODE
INDEX
INTRODUCTION ................................................................................................................................. 2
SECTION 10 – MODIFICATIONS.................................................................................................... 40
Page 1 of 43
INTRODUCTION
a) This Operating Code is a document intended to record certain rights and responsibilities of
each of the parties involved in the transportation of Gas through the Transporter Facilities.
The Transporter Facilities currently conveys Gas from multiple sources of Gas to multiple
consumption points from the Transporter Facilities.
b) This Operating Code is intended primarily to address technical and operational issues
relating to transfer of Gas through the Transporter Facilities. Each person who signs a
contract for transmission of Gas (“GTA”) (each such person shall be hereinafter called a
“Shipper”) with GAIL (India) Limited (“Transporter”) and each GTA will incorporate, by
reference, the provisions of the Operating Code and will, in addition, set out the specific
terms and conditions regulating the contractual relationship between the Transporter and
Shipper regarding the flow of Gas through the Transporter Facilities under each CT
Agreements.
c) Transporter may transport its own Gas through its network for the purpose of supplying
the same to its consumers or for internal consumption in its plants. Transporter shall be
deemed to be a Shipper for such transportation of Gas.
d) This Operating Code sets out the general and detailed working principles which govern the
Transporter’s and Shippers’ respective rights and obligations including capacity, balancing,
allocation, nominations, measurement and specification and the day to day operation and
maintenance of the Transporter Facilities.
e) This Operating Code is intended to provide a clear, fair, transparent and not unduly
discriminatory framework for Shippers wishing to use the Transporter Facilities and for
transportation of Transporter’s own Gas. This Operating Code shall be binding on the
parties to a GTA upon execution of the GTA by the Transporter and the Shipper.
i) the Transporter and each of the Shippers shall act as a Reasonable and Prudent
Operator in exercising its respective rights and carrying out its respective obligations
under this Operating Code.
g) Unless otherwise defined in this Operating Code, capitalized terms used in this Operating
Code shall have the meaning given to them in GTA.
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SECTION 1 – DEFINITIONS & INTERPRETATION
1.1 Definitions
“Allocation Arrangement” shall mean the arrangement specified in Section 4 of this Operating
Code with respect to the Delivery Point and / or the Redelivery Point whereby the Allocated
Quantities of each of the Commingled Shippers is determined.
“Allocated Quantity” means the quantity of Gas in MMBTU attributed to each of the Shipper in
accordance with Section 4 of this Operating Code.
“Balancing Quantities” shall have the meaning given in Section 4.4 c) iii.
“Commingled Shipper(s)” shall mean, any Shipper which delivers Gas at a Delivery Point in a
Commingled Stream or any Shipper which offtakes Gas at any Redelivery Point in a Commingled
Stream.
“Commingled Stream” means the single stream of Gas that is formed when
a) On a Day the Gas that has been delivered to the Transporter at the Delivery Point through
the same Measurement Equipment by Shipper and Other Shipper(s), or
b) On a Day the Gas is delivered by the Transporter to Shipper and Other Shipper(s) through
the same Measurement Equipment at the Redelivery Point, as applicable.
“Constraint Day” shall have the meaning given in Section 5.1 (a).
“Daily Gas Flow Nomination” means the statement given in accordance with Section 4.4 of this
Operating Code.
“Daily Scheduling Statement” means the statement given in accordance with Section 4.8.
“Delivery Point Maximum Daily Quantity” or “Delivery Point MDQ” as defined in Section
2.4.
"Delivery Point Measurement Equipment" shall mean such main and subsidiary meters
(Custody Transfer Meter) including apparatus, mains, volumetric measurement meter and pipes as
specified in this Operating Code, which Measuring Party considers reasonably necessary for the
measurement and recording of the volume in Standard Cubic Metres and Gross/Net Heating Value
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and as well as Pressure, Temperature and other mutually agreed parameters of Gas delivered at each
Delivery Point.
“Firm Daily Nominated Quantity” shall have the meaning specified in Section 4.4.
“Gas Flow Day” shall mean in respect of a CT Agreement the Day on which Gas is delivered by
the Shipper at the relevant CT Delivery Point and/or the Gas is offtaken by the Shipper at the
relevant CT Redelivery Point.
“Measured Quantity” at a Point shall be the total quantity of Gas, measured in MMBTU, which is
determined in accordance with this Operating Code to have flowed through the Measurement
Equipment for that Point during that Day.
“Operational Flow Order” shall have the meaning given in Section 5.1 (b).
“Other Shipper” shall mean any shipper (other than Shipper), including the Transporter when it
acts as a deemed Shipper.
"Redelivery Point Measurement Equipment" shall mean such main and subsidiary meters
(Custody Transfer Meter) including apparatus, mains, volumetric measurement meter and pipes as
specified in the Operating Code, which the Measuring Party considers reasonably necessary for the
measurement and recording of the volume in Standard Cubic Metres and Gross/Net Heating Value
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as well as Pressure, Temperature and other mutually agreed parameters of Gas delivered at each
Redelivery Point.
“Scheduled Gas Flows” shall have the meaning given in Section 4.8 (d).
“Scheduled Quantity” shall have the meaning given in Section 4.8 (c). Scheduled Quantity shall
also mean the “Allocated Capacity”.
"Standard Cubic Metre" and "scm" shall mean, when applied to Gas, that amount of Gas which
at a temperature of fifteen degrees Celsius (15C) and an absolute pressure of one decimal zero one
three two five (1.01325) Bar and being free from water vapour occupies one (1) cubic metre.
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SECTION 2 – DELIVERY POINTS AND REDELIVERY POINTS
2.3 A flange or weld or agreed mark downstream of the Delivery Point Measurement
Equipment at which the Shipper delivers into the Transporter Facilities for onward
transmission shall be called a “Delivery Point”. Each specific Delivery Point as to any CT
Agreement shall be identified in the relevant CT Agreement.
2.4 At each Delivery Point, the “Delivery Point Maximum Daily Quantity” (“Delivery
Point MDQ”) shall mean the maximum quantity of Gas, measured in MMBTU, which the
Transporter is obligated to accept from the Shipper at the Delivery Point on a Day which
shall be the aggregate of the CT Delivery Point MDQs for that Delivery Point on that Day.
2.5 At each Delivery Point the “Maximum Delivery Rate” (“MDR”) shall mean the
maximum rate, measured in MMBTU/MMSCM per hour, at which the Transporter is
obligated to accept Gas from the Shipper at the Delivery Point. The MDR shall be
determined by dividing the Delivery Point MDQ by twenty-four (24).
2.6 A flange or weld or agreed mark downstream of the Redelivery Point Measurement
Equipment at which the Transporter delivers Gas back to the Shipper shall be called a
“Redelivery Point”. Each specific Redelivery Point as to any CT Agreement shall be
identified in the relevant CT Agreement.
2.7 At each Redelivery Point, the “Redelivery Point Maximum Daily Quantity”
(“Redelivery Point MDQ”) shall mean the maximum quantity of Gas, measured in
MMBTU, which the Transporter is obligated to deliver back to the Shipper at the Redelivery
Point on a Day which shall be the aggregate of the CT Redelivery Point MDQs for that
Redelivery Point on that Day.
2.8 At each Redelivery Point the “Maximum Offtake Rate” (“MOR”) shall mean the
maximum rate, measured in MMBTU/MMSCM per hour, at which the Transporter is
obligated to deliver Gas back to the Shipper at the Redelivery Point. The MOR shall be
determined by dividing the Redelivery Point MDQ by twenty-four (24).
2.9 The specific details for each Point are set out in each CT Agreement.
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SECTION 3 – ALLOCATION & ALLOCATION STATEMENTS
3.1 Except as provided herein, the Allocation Arrangement shall apply whenever Gas delivered
into or offtaken from a Point in a Commingled Stream.
3.2 The Parties shall, at all times, act fairly amongst themselves as a Reasonable and Prudent
Operator ensuring that none of the Party benefits unfairly at the expense of the other Party.
3.3 The Transporter shall implement the Allocation Arrangement and determine and notify the
Allocated Quantity for each Commingled Shipper after the Gas Flow Day in accordance
with this Section.
3.4 At any Point, the Allocation Arrangement shall quantify the Allocated Quantity of the
Commingled Shippers from the Measured Quantity of the Commingled Stream at such
Point.
3.5 Without prejudice to the other Clauses of GTA and Sections of this Operating Code, the
Transporter and Commingled Shippers acknowledge that delivery of Gas to the Delivery
Point or offtake from a Redelivery Point may not exactly match the Nomination and
subsequent scheduling made in respect of it on account of drawl pattern of the consumer
and technical reasons and consequently under deliveries and over deliveries of Gas may
occur.
3.6 All of the Measured Quantity at each Delivery Point and Redelivery Point shall be allocated
to Commingled Shippers regardless of the reason for any such over deliveries or under
deliveries.
3.7 Allocation:
a) At each Point there shall be Allocation Arrangements that shall establish the
Allocation Data for each Day.
b) At each Point, the Allocation Arrangements shall ensure that the Measured Quantity
for the Day is attributed to the Shippers such that the sum of the quantities so
attributed is precisely equal to the Measured Quantity at such Point.
3.8 The “Allocation Data” for each Point on a Day shall mean:
(b) The attribution of the Measured Quantity to each of the Commingled Shippers as
determined in accordance with this Section 3; and
3.9 For each Point the Allocation Data shall be established by the Transporter as soon as
possible after the Day and the same shall be carried out in accordance with Section 3.11 and
/ or 3.12, or as specifically agreed in respect of that Delivery Point or Redelivery Point
(b) By 1600 Hrs on the Day ("D+1") after the Gas Flow Day ("D") Transporter shall
allocate the Measured Quantity at the Delivery Point and the Measured Quantity at
each Redelivery Point in respect of D among the Commingled Shippers in
accordance with this Section (each an "Initial Allocation") .
(c) An Initial Allocation is subject to any adjustment in order to correct any error made
in the application of the Allocation Arrangements.
(d) Each Initial Allocation shall, subject to Section 3.9, become a final allocation (a
"Final Allocation") at 1600 Hrs. on the second Day after D ("D+2"). A Final
Allocation shall be issued in accordance with the provisions of this Section 4 shall be
deemed to be final and binding on the Commingled Shippers.
a) Transporter and the Commingled Shippers may mutually agree in writing for
Allocation methodology for a Shared Delivery Point in which case such mutually
agreed allocation methodology shall prevail. Allocation methodologies may include
the following
i. Swing PDA: One of the Commingled Shippers at a Commingled Point is
designated as the "swing." All other Shippers are allocated their respective
Scheduled Quantities. The Shipper identified as "swing" is allocated the
remaining difference between the Measured Quantity and quantities
allocated to non-swing Shippers. The swing Shipper is not permitted to be
allocated a quantity which would result in a negative number, therefore any
negative quantity will be allocated to the non-swing Shippers on a pro-rata
basis in accordance with the Scheduled Quantities. A separate agreement
may also be designated as “swing” under this allocation method.
ii. Ranked PDA: This allocation methodology is applicable to a Commingled
Shipper with multiple contracts at a Point. Each of such multiple contracts
may be assigned a rank and the allocated quantity to such Commingled
Shipper at such point is further allocated to a contract with the lowest rank
value among the multiple contracts before the next sequentially higher
ranked contract.
iii. Percentage PDA: This allocation methodology is applicable to a
Commingled Shipper with multiple contracts at a Point. Each of such
multiple contracts may be assigned a percentage value and the allocated
quantity to such Commingled Shipper at such point is allocated to each such
contract by multiplying allocated quantity by the respective percentage.
b) In the absence of mutually agreed Allocation methodology as per the Section 3.11 a)
above, the Initial Allocation of Gas, in respect of any Gas Flow Day at a Delivery
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Point where Commingled Shippers deliver Gas (a “Shared Delivery Point”) shall
be made in accordance with the formula set out below:
c) At a Delivery Point that is not a Shared Delivery Point, Measured Quantity of Gas
shall be allocated to the Shipper delivering Gas at that Point. Such allocation shall be
the Initial Allocation and the Final Allocation.
a) Transporter and the Commingled Shippers may mutually agree in writing for
Allocation methodology for a Shared Redelivery Point in which case such mutually
agreed Allocation methodology shall prevail. Allocation methodologies may include
the following:
i. Swing PDA: One of the Commingled Shippers at a Commingled Point is
designated as the "swing." All other Shippers are allocated their respective
Scheduled Quantities. The Shipper identified as "swing" is allocated the
remaining difference between the Measured Quantity and quantities
allocated to non-swing Shippers. The swing Shipper is not permitted to be
allocated a quantity which would result in a negative number, therefore any
negative quantity will be allocated to the non-swing Shippers on a pro-rata
basis. in accordance with the Scheduled Quantities. A separate agreement
may also be designated as “swing” under this allocation method.
ii. Ranked PDA: This allocation methodology is applicable to a Commingled
Shipper with multiple contracts at a Point. Each of such multiple contracts
may be assigned a rank and the allocated quantity to such Commingled
Shipper at such point is further allocated to a contract with the lowest rank
value among the multiple contracts before the next sequentially higher
ranked contract.
iii. Percentage PDA: This allocation methodology is applicable to a
Commingled Shipper with multiple contracts at a Point. Each of such
multiple contracts may be assigned a percentage value and the allocated
quantity to such Commingled Shipper at such point is allocated to each such
contract by multiplying allocated quantity by the respective percentage.
b) In the absence of mutually agreed Allocation methodology as per the Section 3.11 a)
above, the Initial Allocation of Gas, in respect of any Gas Flow Day at a Redelivery
Point where Commingled Shippers offtake Gas (a “Shared Redelivery Point”)
shall, be made in accordance with the formula set out below:
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AQRedelivery = MQRedelivery x SQRedelivery/ASQRedelivery
Where:
AQRedelivery The Allocated Quantity of Gas Allocated in MMBTU to a Shipper
at the Shared Redelivery Point ;
MQRedelivery The Measured Quantity of Gas in MMBTU at the Shared Redelivery
Point ;
SQRedelivery The Shipper's Scheduled Quantity in MMBTU at the Shared
Redelivery Point ;
ASQRedelivery The aggregate Scheduled Quantities in MMBTU for all the
Shippers at the Shared Redelivery Point
(a) At a Point Shipper(s) may agree on a different Allocation from the Initial Allocation
as between themselves, of their aggregate Allocated Quantity of Gas for any Day (a
"Reallocation").
3.14 Notwithstanding anything contained herein, the Parties agree that where any
Allocation/Reallocation has been carried out in accordance with the provisions of Section
3.13 of this Operating Code, the Transporter shall not be liable for any Shortfall Quantities,
if any attributable solely to such allocation methodology.
3.15 The Shippers shall indemnify the Transporter and save it harmless from all suits, actions,
debts, accounts, damages, costs, losses, and expenses arising from or out of any adverse
claims of any and all persons to the Gas and/or to royalties, taxes, licence fees, or charges
thereon which are applicable on account of the Allocation of Gas under the Sections 3.11
(c), 3.12 (c) and 3.13.
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3.16 The Commingled Shippers may in accordance with Section 3.10 of receiving the Initial
Allocation propose a revision to such Initial Allocation to the Transporter, in accordance
with provision of Section 3.13, failing which the Transporter can issue the Final Allocation.
3.17 Final Allocation statements for each Day shall be finalized in accordance with the following
procedure:
a) If the Commingled Shippers, within time period as specified in Clause 3.13 of the
receipt of the Initial Allocation, propose any revision to the Initial Allocation and
provided such a revised Initial Allocation satisfies the conditions set out in Section
3.7 b), then the Commingled Shippers shall sign such revised draft Daily Allocation
Statement and submit a copy of the same to the Transporter. Such revised Initial
Allocation shall become the Final Allocation.
b) Where the Initial Allocation is revised later than three (3) Days before the day on
which the relevant Fortnightly Invoice is to be issued under the respective CT
Agreements, reasonable endeavour shall be made to reflect any necessary
adjustments and reconciliation in the same Fortnightly Invoice issued under the
respective CT Agreements otherwise in the following Fortnightly Invoice.
c) In the event the provisions of Section 3.17 (a) above are not applicable then the
Transporter shall issue the Final Allocation in accordance with the provisions of this
Operating Code.
d) The Parties shall transmit to each other the relevant Initial Allocation or the Final
Allocation as the case may be under this Section 3, by facsimile or other electronic
media, to the location that each of the respective Parties shall, from time to time,
designate in writing for this purpose.
3.18 Notwithstanding the foregoing, in the event of manifest error in any Final Allocation
statement or draft Daily Allocation Statements, the Commingled Shippers may by written
notice make any necessary correction to the same and any necessary adjustments and
reconciliation shall be reflected in the immediately following Fortnightly Invoice
PROVIDED that if such Daily Allocation statement is issued later than two (2) Days before
the day relevant Fortnightly Invoice is issued under the respective CT Agreement,
reasonable endeavour shall be made to reflect any necessary adjustments and reconciliation
in the same Fortnightly Invoice issued under the respective CT Agreements otherwise in the
following Fortnightly Invoice.
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SECTION 4 – NOMINATION & SCHEDULING
Prior to the CT Start Date under each CT Agreement and three months prior to
commencement of each Contract Year thereafter, the Shipper shall provide to the
Transporter a written estimate of the quantities of Gas to be supplied by the Shipper at each
CT Delivery Point and Gas to be offtaken at each Redelivery Point during each calendar
month of the Contract Year. The above estimate shall include an estimate of the
composition and quality with heating value of the Gas to be supplied by the Shipper at each
CT Delivery Point.
Not later than 1600 hours on the penultimate Thursday preceding the CT Start Date under
each CT Agreement and on each Thursday thereafter during the Term of such CT
Agreement, the Shipper shall provide to Transporter a Weekly nomination of the quantity of
Gas Shipper intends to tender for transportation (“Daily Nominated Quantity” or
“DNQ”) for each Day of the following Week commencing on the Monday (“Weekly
Nomination”), substantially in the form set forth in Schedule A.
a) The date and time that the Weekly Nominations was made and the date of the
Monday with which the Week begins;
c) In respect of each Day of the Week, the Shipper shall specify in relation to each of
the Delivery Point and each of the Redelivery Point under their respective CT
Agreement
i. The volume of Gas, measured in MMSCM, which the relevant Shipper
expects to deliver to Transporter at the Delivery Point;
ii. The Gross/Net Heating Value of the Gas to be delivered;
iii. The quantity of Gas, at the Delivery Point, in MMBTU, implied by items (i)
and (ii) above; and
iv. The quantity of Gas, in MMBTU, to be redelivered at the Redelivery Point.
For the Shipper having total contracted quantity of more than 10000 SCMD, in the
Transporter Facilities:-
If the Shipper requests Gas to be delivered to a Redelivery Point in excess of its MDQ on
any Day, then the Shipper shall specify in its nominations for that Day the requested
quantity of Gas to be transported in excess of the MDQ as Authorised Overrun Quantity,
which may be scheduled by the Transporter on reasonable endeavor basis upto 10% of the
MDQ only.
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For the Shipper having total contracted quantity of upto 10000 SCMD, in the
Transporter Facilities:-
Transporter shall use the Weekly Nominations data to plan the scheduling of Gas for the
following Week.
In absence of receipt of Weekly Nominations as per Section 4.2 by the Transporter, then
the last Weekly Nominations received by the Transporter in respect of the week in question
shall remain in full force and effect.
Not later than 1600 hours on each Day Shipper shall nominate the “Firm Daily
Nominated Quantity” or “FDNQ” for the following Day to the Transporter. The
nomination for the Firm Daily Nominated Quantity shall be substantially in the form set out
in Schedule B. Such nomination shall specify:
c) In respect of each Day, the Shipper shall specify in relation to each of the Delivery
Point and each of the Redelivery Point under their respective CT
i. For the Delivery Point of the Shipper submitting the Firm Daily Nomination:
1) The Volume of Gas, measured in mmscm, that the relevant Shipper requires
to deliver to Transporter at its Delivery Point on that Day;
2) The Gross/Net Heating Value of the Gas to be delivered;
3) Quantity of Gas, measured in MMBTU, implied by items (1) and (2) above;
4) If the expected rate of delivery of Gas is not uniform over the Day, the rates,
expressed in MMBTU per hour, at which the relevant Shipper expects to
deliver Gas to Transporter at all times during the Day; and
5) Identification of any period in which the rate of delivery by the relevant
Shipper is expected to exceed the MDR by more than 10% specified in its
CT Agreement for its Delivery Point which the Transporter may schedule
on reasonable endeavor basis;
ii. For the Redelivery Point of the Shipper submitting the Firm Daily Nomination:
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1) Quantity of Gas, in MMBTU, to be redelivered;
2) If the expected rate of redelivery of Gas is not uniform over the Day, the
rates, expressed in MMBTU per hour, at which the relevant Shipper expects
Transporter to redeliver at all times during the Day; and
3) Identification of any period in which the rate of redelivery required by the
relevant Shipper is expected to exceed the MDR by more than 10% specified
in its CT Agreement for its Redelivery Point which the Transporter may
schedule on reasonable endeavor basis;
iv. For the Shipper having total contracted quantity of more than 10000
SCMD, in the Transporter Facilities:-
For the Shipper having total contracted quantity of upto 10000 SCMD, in the
Transporter Facilities: -
In absence of receipt of Daily Nominations as per Section 4.4 by the Transporter, then the
DNQ shall be taken as FDNQ in respect of the Day in question shall remain in full force
and effect provided that if the Shipper did not submit a Weekly Nomination in accordance
with Section 4.2, then the DNQ for such Day shall be the DNQ set out in the last Weekly
Nomination received by the Transporter in accordance with Section 4.3.
a) A Shipper may at any time during the Gas Flow Day vary the rate of Gas flows with
notice, which variations shall not be deemed as Renominations.
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deliveries of Gas to other Shippers., but shall not be obliged to change the
Scheduled Gas Flows at lead times less than those set out in the Section 4.6 (c) (i)
and Section 4.6 (c) (ii).
e) A Shipper may at any time before or during any Day request any increase in the
offtake rate at shorter notice and at greater rates of increase than is prescribed in
Section 4.6 (c) above and Transporter shall use reasonable endeavors but shall not
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be obliged to make capacities available for offtake at such changed rates at shorter
notice and at greater rates of increase than provided for under Section 4.6 (c).
g) A Shipper shall not vary the rate of offtake under Section 4.6 (e) except and to the
extent notified and as agreed to by Transporter.
a) Following the Daily Nomination of FDNQ, Transporter shall make all necessary
arrangements to ensure that it is able to schedule Gas flows in accordance with
FDNQ hereinafter referred to as Scheduled Quantity.
b) Transporter shall be under no obligation to schedule Gas flows for a Shipper at the
relevant Delivery Point and Redelivery Point which:
i. Are at rates in excess of the MDR or MOR, as applicable, for that Shipper;
ii. Have been nominated by that Shipper at lead times less than those set down in
Section 4.6 c); or
iii. Are less than required to operate any necessary compression facilities or are less
than required for accurate measurement of the Gas;
c) On a day (“D-1”) prior to Gas Flow Day (“D”), Transporter shall schedule the
nominations of Balancing Quantities by the Shipper(s) at the relevant Point as
“Imbalance Scheduling” and the nominations received from Shipper(s) for the
quantities (“Firm Quantities”) under respective CT Agreements wherein
Transporter is liable for Liquidated Damages, up to MDQ. In the event, if
Shipper(s) has nominated quantities > MDQ and/or has nominated any non-Firm
Quantities, then the Transporter shall provide the available capacity after scheduling
the Firm Quantities and Imbalance Scheduling as mentioned in this sub-section by
scheduling such non-Firm Quantities on equitable basis.
d) On a Gas Flow Day, if Transporter determines at any time that the capacity of
Transporter Facility or portion thereof, including the Point(s) at which Gas is
tendered for transportation, is sufficient to serve transportation requirements for
quantities greater than MDQ, for which nominations have been received but which
have not been scheduled the Transporter shall provide available capacity by
scheduling such requirements > MDQ , which is to be confirmed by the
Transporter to the Shipper .
a) In accordance with the Section 4.7, no later than 1800 hours, Transporter shall send
to each of the Shippers “Daily Scheduling Statements” showing the Gas flows that
have been scheduled for the Shipper on that Day.
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b) A Daily Scheduling Statement shall show in respect of Delivery Point and Redelivery
Point under each CT Agreement;
i. The volume of Gas in mmscm, which the Shipper is to deliver at their respective
Delivery Point and which the Shipper is to offtake at the Redelivery Point on
that Day.
ii. The expected Gross/Net Heating Value applicable to the Gas nominated to be
delivered at the Delivery Point on that Day as provided by the Shipper in its
nominations and at the Redelivery Point on that Day as determined by
Transporter.
iii. The quantity, in MMBTU, of Gas implied by sub-Section i. and sub-Section ii.
iv. The rate, in MMBTU per hour, at which the Gas is to be delivered by the
Shipper at the Delivery Point and to be offtaken at the Redelivery Point during
the Day.
v. The volume of Gas as Balancing Quantity, in MMSCM and/or MMBTU, which
the Shipper is to deliver at the Delivery Point or to offtake at the Redelivery
Point on that Day.
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SECTION 5 – CONSTRAINTS
5.1
a) “Constraint” shall mean any temporary event, which prevents the Transporter,
acting as a Reasonable and Prudent Operator, from either receiving Gas from a
Shipper at its relevant Delivery Point at the Maximum Offtake Rate or which
prevents the Transporter from delivering Gas to the Shipper(s) at the Redelivery
Point at the Maximum Delivery Rate not due to Force Majeure affecting the
Transporter and/or Shipper’s non-compliance with this Operating Code affecting
the Transporter. “Constraint Day” means a Day on which a Constraint occurs.
b) “Operational Flow Order” means a notice issued by the Transporter to each of the
Shippers in accordance with Section 5.2 below, on a Constraint Day, or in
anticipation of a Constraint Day (as the case may be), or an event of Emergency (as
defined in Section 5.5 below) occurring in respect of the Transporter Facilities or
any localised part thereof.
c) The Transporter shall have the right to take any action, acting as Reasonable and
Prudent Operator, that may be required (including suspension or reduction of
service to any of the Shipper) to correct any Imbalances or other operational
difficulties, which impair or threaten the operational integrity of the Transporter
Facilities or the maintenance of transmission of Gas to the Shipper(s). In such
circumstances, the Transporter shall not discriminate in favor of – or against any
particular Shipper but shall treat all the Shippers fairly.
b) On a Constraint Day, the Transporter shall have the right, acting as RPO, to issue
Operational Flow Order to the Shipper at their respective Delivery Points and the
Redelivery Point to alter Gas receipts and deliveries that are necessary (a) to alleviate
conditions which threaten the integrity of the Transporter Facilities and (b) to
maintain pipeline operations that are necessary to provide efficient and reliable Gas
Transmission services under this Operating Code and the GTA. The Operational
Flow Orders shall be issued on an equitable and non-discriminatory basis between
the Shippers and shall be issued to all the Shippers at the same time. The
Operational Flow Orders shall be issued as expeditiously as possible.
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iv. as soon as reasonably practicable, of the time at which the Transporter
considers the Constraint is no longer continuing;
v. the details of the effects that the Constraint has on the Delivery Point of
each Shipper and/or the Redelivery Point in relation to each Shipper; and
vi. the quantity of Gas that the Transporter expects to transmit, in accordance
with Section 5.3 below, on behalf of each of the Shippers during such
period.
d) The Transporter shall give notice to each of the Shippers and the Shippers shall:
In the event of any Constraint, the Transporter shall, as soon as possible and on an
equitable and non-discriminatory basis with respect to the Shipper, shall make available
capacity in the Transporter Facilities as per the following order:
a) the available capacity shall be made available among the Shippers for Balancing
Quantities on a pro-rata basis based on the Imbalance Scheduling.
b) the available capacity shall be made available among the Shippers for Firm
Quantities on a pro-rata basis based on the Scheduled Quantity.
c) the available capacity shall be made available among the Shippers for Authorised
Overrun Quantities and other non-Firm Quantities on a pro-rata basis based on the
quantities scheduled by the Transporter.
a) The Transporter shall, at all times during a Constraint, act as a RPO, in order to
mitigate the effects of the Constraint and shall take steps to restore normal
operation of the Transporter Facilities as soon as reasonably possible.
b) The Transporter shall, at all times during a Constraint, use reasonable endeavors as
an RPO to ensure that such curtailments or interruptions are kept to a minimum
and are infrequent.
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d) Without limiting the Transporter’s available remedies, if any of the Shipper fails to
comply, or fails to cause its operator to comply, with any Operational Flow Orders
issued by the Transporter in accordance with this Section 5, then Transporter may
charge such defaulting Shipper, the Unauthorised Overrun Charge and/or
Imbalance Charge under its respective GTA, for each MMBTU of Gas by which the
defaulting Shipper deviates from the Operational Flow Order, if such Shipper has
delivered or offtaken more Gas than that was specified in the Operational Flow
Order.
e) The Transporter shall not be liable for any failure to deliver Gas or comply with any
of its obligations to a Shipper under this Section 5 that are caused by or can be
attributable to the failure of such Shipper to take actions in accordance with
Operational Flow Order issued by Transporter.
f) Where the Transporter believes that the quantity or the rate of Gas being offtaken
by any of the Shipper exceeds the quantity or the rate of Gas expected to be
offtaken by such Shipper in accordance with the Operational Flow Order issued by
the Transporter, the Transporter shall have the right to take steps to reduce the rate
of offtake of Gas by the defaulting Shipper or discontinue the offtake of Gas by the
defaulting Shipper from the Redelivery Point.
g) The Shipper shall be liable to pay for the Transmission Charges for the quantities
delivered and offtaken as per the Operational Flow Order.
5.5 Emergency:
(b) In particular, but without limitation, an Emergency may exist where the
Transporter's ability to maintain safe pressures within the Transporter Facilities is
affected or threatened by an interruption or disruption to the Transporter Facilities
or by, an insufficiency of deliveries of Gas to other Party’s Facilities, or by any actual
or potential failure of or damage to any part of the Transporter Facilities or any
other act or omissions of the Shipper which gives rise to any of the situations
enlisted in this sub-Section (b).
Page 20 of 43
(c) An Emergency will continue until such time as the Transporter determines that the
circumstances referred to in this Section 5.5 no longer apply, that no further
Emergency steps are required, and that normal operation of the Transporter
Facilities may be resumed.
(d) The Transporter as an RPO shall take steps to restore transmission of Gas and
normal operation of the Transporter Facilities with reasonable diligence and efforts
considering the most appropriate and predictable outcome, after an Emergency.
5.6 Interruptions:
Subject to the limitations of Section 5.7, the Transporter shall after as much notice to the
Shipper as is reasonably possible be permitted to curtail deliveries of Gas without incurring
liabilities to the Shipper, for such periods of time as it may reasonably be required for the
purpose of effecting any emergency repairs, maintenance, replacement or upgrading or
other works related to the Transmission System for reasons arising out of compliance with
directives of Government Agency, for reason of safety and to avoid environmental
pollution. The need for shut off will be determined and executed by the Transporter acting
as RPO.
5.7 Limitations:
a) Notwithstanding any provision of this Code, the GTA, or the CT Agreement to the
contrary, the Parties agree that, for purposes of determining Shortfall Quantity
under the GTA, circumstances where the Transporter is excused pursuant to this
Section 5 shall be limited to a cumulative period not to exceed 168 hours in any
Contract Year, nor to exceed three times during such period of 168 Hours in any
Contract Year or as specified in the relevant CT Agreement. For this purpose, it is
clarified that circumstances where Transporter is excused on account of Force
Majeure or Planned Works or as a result of Shipper’s breach of its obligations under
the CT Agreement or non-compliance with this Operating Code shall not be subject
to or included in such limit.
b) For avoidance of doubt, nothing contained in this Section 5 shall excuse Transporter
in respect of curtailment or interruptions due to safety or environmental concerns if
such interruption/curtailment has arisen as a result of the Transporter not acting as
a Reasonable and Prudent Operator.
Page 21 of 43
SECTION 6 – OVERRUN, DEVIATION AND BALANCING
(a) The Shipper’s Authorised Overrun Quantity at each Redelivery Point measured in
MMBTU, on a Day shall be calculated as follows:
i) For each Redelivery Point, if the Allocated Quantity at the Redelivery Point
Scheduled Quantity at the Redelivery Point > CT Redelivery Point MDQ, then
the Authorised Overrun Quantity shall be the excess of the Scheduled Quantity
at the Redelivery Point over the CT Redelivery Point MDQ; and
ii) For each Redelivery Point, if the Scheduled Quantity at the Redelivery Point >
Allocated Quantity at the Redelivery Point > CT Redelivery Point MDQ, then
the Authorised Overrun Quantity shall be the excess of the Allocated Quantity
at the Redelivery Point over the CT Redelivery Point MDQ.
(b) If the Transporter has agreed to transmit the excess quantity of Gas requested by
the Shipper then the Transporter shall make reasonable endeavours to transmit and
deliver the Authorised Overrun Quantity in addition to the CT Redelivery Point
MDQ for that Day. Any such service provided by the Transporter shall be an
“Authorised Overrun Service”. However, if the Transporter has received but fails
to redeliver the Authorized Overrun Quantity, no Liquidated Damages shall be
payable to the Shipper but Transporter shall be obligated to redeliver to Shipper the
quantity received from Shipper at the Delivery Point.
(c) Unless expressly agreed by the Transporter in writing, consent of the Transporter to
transmit and deliver Gas in excess of the CT Redelivery Point MDQ shall not in any
manner whatsoever be construed as an agreement to transmit and deliver Gas in
excess of the MDR in any hour on any other Day other than a Day for which the
Transporter has agreed to transport the Authorised Overrun Quantity.
Page 22 of 43
Day minus quantity of Gas scheduled for the Shipper as specified in the
relevant Operational Flow Order issued as per Section 5.2.
v.
(a) Transporter shall determine Shipper’s Imbalance Quantities in respect of each Day
in accordance with this Section 6.4.
(b) Shipper’s “Positive Imbalance Quantity” on a Day shall be the excess of the
aggregate of Shipper’s Allocated Quantities at all Delivery Points over the aggregate
of Shipper’s Allocated Quantities at all Redelivery Points in each case. If there is no
such excess then the Positive Imbalance Quantity shall be zero.
(c) Shipper’s “Negative Imbalance Quantity” on a Day shall be the excess of the
aggregate of Shipper’s Allocated Quantities at all Redelivery Points over the
aggregate of Shipper’s Allocated Quantities at all Delivery Points in each case. If
there is no such excess then the Negative Imbalance Quantity shall be zero.
(d) The “Imbalance Quantities” on a Day shall mean the Positive Imbalance Quantity
or the Negative Imbalance Quantity, as applicable, on that Day.
a) The Transporter shall determine the difference between the quantity of Shipper’s
Gas within the Transporter Facilities (“Cumulative Imbalance”) at the start and
end of each Day in accordance with this Section.
b) The Cumulative Imbalance at the start of a Day shall be equal to the Cumulative
Imbalance at the end of the previous Day.
c) At the start of the first day when Gas is transported, the Cumulative Imbalance shall
be zero.
d) The Cumulative Imbalance at the end of a Day shall equal to Cumulative Imbalance
at the start of the Day plus Positive Imbalance Quantity for the Day or minus
Negative Imbalance Quantity for the Day, whichever is applicable.
e) The Cumulative Imbalance shall be measured in SCM and MMBTU and may be
either positive or negative and shall be called Cumulative Positive Imbalance or
Cumulative Negative Imbalance respectively.
If the Shipper fails to maintain the Cumulative Imbalance within 10% percent of the sum of
the CT Delivery Point MDQ on positive side and 5% percent of the sum of the CT
Delivery Point MDQ on negative side and the Shipper does not correct the same, then the
Transporter shall have the right to adjust the nominations of the Shipper at Delivery Point
and Redelivery Point as the case may be to maintain the imbalances within such operational
limits. If as a result of such adjustment Transporter is unable to meet its pressure obligations
under Section 8, the Transporter shall not be liable for any resulting Shortfall Quantity if any
Pressure Notice is served by the Shipper.
Page 23 of 43
6.5 Balancing:
a) On each day the Shipper shall be responsible to control and, if necessary, adjust
nominations, receipt and deliveries of Gas, to maintain a balance between Gas
delivered and received. Any adjustment to receipts and deliveries by Shipper,
whether or not pursuant to notification from Transporter, shall be coordinated with
Transporter and shall be done only with the consent of the Transporter and
accomplished in accordance with the procedures for Nomination and Scheduling set
forth in the Operating Code.
b) On each Day, the Transporter shall be entitled, with the consent of the Shipper,
which shall not be unreasonably withheld to control and, if necessary, adjust,
Shipper's scheduled receipts and deliveries of Gas, to maintain a balance over a Day
between Gas received and delivered upon failure by the Shipper to do so in order to
minimize Cumulative Imbalance
c) In respect of any Imbalance Quantities which may occur, the Shipper and
Transporter will cooperate to minimise any Imbalance Quantities taking into
consideration the time period allowed for cure on any upstream or downstream
entities delivering Gas to, or receiving Gas from the Transporter as the case may be
and the Shipper shall make daily adjustments in nominations, receipts and/or
deliveries, as the case may be.
d) Transporter shall always have the right in accordance with Section 10 to amend the
provisions related to Balancing Quantities in the Transporter Facilities in order to
ensure that the Transporter Facilities is operated in the most efficient manner. The
Transporter shall have the right to take any action including rescheduling that may
be required (including suspension or reduction of service to the Shipper) to correct
any Imbalances which impair or threaten the operational integrity of the Pipeline or
the maintenance of Transportation Service to other Shippers. The Transporter shall
not be liable in any manner for any loss, costs and expenses incurred by the Shipper
due to any such action of the Transporter.
The Transporter shall not be responsible or liable in any manner for any imbalance arising
out of any trading of capacity arrangement (including any swap arrangement) between the
Shipper and any third party. The Transporter shall not be obliged to adjust or deviate from
its standard operating and accounting procedures in order to alleviate any such imbalances.
Any swap arrangement between the Shipper and any third party shall be subject to
allocation systems being in place.
Shipper shall bring Cummulative Imbalance to within operational limits at the end of each
fortnight. If any Imbalance as communicated by the Transporter to the Shipper is not cured
by the Shipper at the end of each fortnight, then the Transporter shall have unilateral right
to adjust the nominations at Delivery and Redelivery points as the case may be, without any
liability, to maintain the imbalances with in operational limits as mentioned in Section 6.4.
Page 24 of 43
6.8 Reconciliation
At the expiry or early termination of the relevant CT Agreement, the Parties shall reconcile
the total quantities of Gas delivered by the Shipper at the relevant CT Delivery Point with
the total quantities of Gas redelivered by the Transporter at the relevant CT Redelivery
Point. If upon such reconciliation, it is found that the Shipper has offtaken quantities of Gas
less than what was delivered by the Shipper at such CT Delivery Point, the Transporter shall
redeliver equal quantities of Gas to the Shipper within 3 (three) Days of expiry or early
Termination of the relevant CT Agreement and the Shipper shall make arrangement for
such redelivery of Gas. If upon such reconciliation, it is found that the Transporter has
under any CT Agreement redelivered at the relevant CT Redelivery Point quantity of Gas
more than what was delivered by the Shipper at the relevant CT Delivery Point, then the
Shipper shall deliver equal quantities of Gas to the Transporter within 3 (three) Days of the
expiry or early Termination of the relevant CT Agreement. If Transporter redelivers Gas to
Shipper on expiry or early termination of the relevant CT Agreement in accordance with
this Section 6.8, Shipper shall pay the tariff in effect at the end of the term, plus applicable
Taxes, on such quantities provided that if the Shipper incurred an Monthly Ship-or-Pay
Payment for the period ending on the expiry or termination of the relevant CT Agreement,
Shipper shall pay the tariff only on such quantities that exceed the quantity on which the
Monthly Ship-or-Pay Payment is based.
ii) After a period of 3 (three) days, Transporter shall have right to purchase such
quantities of gas from Shipper at Delivery Point at the rate of lowest priced gas in
the pipeline system plus all the applicable taxes at Delivery Point of transport
pipeline. The lowest priced gas in the pipeline system shall be informed by the
Transporter from time to time.
b) If the Shipper has off taken quantity of Gas more than what was delivered by the
Shipper at the relevant CT Delivery Point which was not cured within 3 (three) Days of
the expiry or early Termination of the relevant CT Agreement then following provisions
shall be applicable:
i) The Shipper shall first make up for the additional quantity of gas offtaken from the
pipeline, under a new CT or the quantity of gas offtaken more under the expired CT
shall be the opening balance of another CT executed within a period of 3 (three)
days for same Delivery and Redelivery Point.
ii) If the imbalance is not cured beyond 3 (three) Days then after a period of 3 Days,
Shipper will have to buy such gas from the Transporter at Redelivery Point at the
rate 120% of the highest priced gas in the pipeline system plus transmission charges
Page 25 of 43
and all the applicable taxes and charges at Redelivery Point. The highest priced gas
in the pipeline system shall be informed by the Transporter from time to time.
c) In case Shipper is ready to cure the imbalance within a period of 3 days and Transporter
is unable to provide the gas transmission services during that period then the
Transporter shall exclude the number of Days for which the services could not be
offered by the Transporter from the calculations at Clause 6.9 (a) and Clause 6.9 (b)
above.
Page 26 of 43
SECTION 7 – PRESSURE
For each Point there shall be an Acceptable Pressure Range, as specifically provided in the
CT Agreement.
The Shipper shall ensure that Gas shall be delivered to Transporter at the Delivery Point at
pressures sufficient to allow the Gas to enter the Transporter Facilities, within the
Acceptable Pressure Range set out in the relevant CT Agreement.
7.3 If the Shipper has failed to comply with the obligations prescribed in the Section 7.2 above;
the Transporter shall have the right to refuse to take delivery of Gas at the Delivery Point.
Such refusal to take deliveries of Gas at the Delivery Point shall not be construed as a failure
of the Transporter in performing its obligations under the GTA and no Shortfall Quantities
shall be applicable. The Shipper may, however, be obligated to pay Transmission Charges as
determined in accordance with the GTA.
a) Transporter shall deliver Gas for Shipper's account at the pressures existing from
time to time in Transporters Facilities at the Redelivery Point(s) that may vary within
the Acceptable Pressure Range for such Redelivery Point.
b) The Transporter may reduce the pressure for offtake from that specified in Section
7.5 a) down to not less than minimum pressure of the Acceptable Pressure Range
for any reason.
Page 27 of 43
c) Subject to Section 7.5 d), the Transporter shall be relieved of its obligations under
Section 7.5 a), if in order to maintain sufficient pressure in its transmission system to
continue operation, it would be necessary to reduce or switch-off totally the
quantities to be delivered at one or more Redelivery Point(s) under the condition
that (a) the quantities to be offtaken are greater than quantities scheduled at
Redelivery Point or are to be subjected to Operational Flow Orders as per Section
5.2 or are in excess of the quantities actually supplied at corresponding Delivery
Point and (b) the operation of the system is duly endangered for providing
Transmission Services under normal conditions and causes attributable to Shipper.
d) The relief referred to in Section 7.5 c) shall only be available to the Transporter if it
has used reasonable endeavours to maintain the pressure specified in Section 7.5 a).
a) Where the Gas, which Transporter makes available for offtake at the Redelivery
Point, falls to a pressure below the Acceptable Pressure Range then Shipper shall use
reasonable endeavors to continue to accept such Gas. In such circumstances,
Shipper may serve a Pressure Notice on Transporter in accordance with Section 7.8
PROVIDED that the low pressure is not attributable to:
i. Shipper not delivering the Scheduled Gas Flows at the Delivery Point; or
ii. The pressure at the upstream of the Delivery Point having fallen below the
Acceptable Pressure Range; or
iii. Shipper having a Cumulative Negative Imbalance Quantity in excess of five
percent (5%) on the Day in question;
If the pressure at the Redelivery Point rises above the Acceptable Pressure Range and the
Shipper does not have a Cumulative Positive Imbalance Quantity in excess of ten percent
(10%) of the Delivery Point MDQ on that Day, then Shipper may serve a Pressure Notice
on the Transporter in accordance with the Section 7.8. Shortfall Quantities may arise from
this breach.
a) In accordance with Section 7.4 a) and 7.6 and 7.7, Shipper may serve a “Pressure
Notice” on Transporter where Transporter fails to maintain the Transporter
Facilities within the Acceptable Pressure Range and the same is causing the Shipper
to breach its obligations under this Agreement.
b) A Pressure Notice shall state that Shipper will no longer accept any Imbalance
Charges because of unacceptable pressures in the Transporter Facilities. It shall also
specify:
Page 28 of 43
v. The flow rate at the Point required by the most recent Daily Scheduling
Statement for the Day.
c) If Shipper serves a Pressure Notice on Transporter then Shipper shall not be liable
for any Imbalance Charges under the GTA for the period between the Pressure
Notice being received by Transporter and a revised Daily Scheduling Statement
being received by Shipper however, Shortfall Quantities shall also become applicable
in accordance with the provisions of the GTA.
Page 29 of 43
SECTION 8 – QUALITY
a) There shall be arrangements, in accordance with this Section 8.1 for determining
whether or not the Gas meets the Specification as specified in Annexure 2 of GTA
b) Location of Tests:
The quality of the Gas received and delivered by Transporter shall be determined by
on line Gas Composition Measurement Facilities or by the tests where such facilities
are not installed.
8.2 The Gas intended to be tendered for delivery or delivered by the Shipper at the Delivery
Point shall conform to the Specification in accordance with Annexure 2 of GTA.
8.3 Without prejudice to the provisions contained in Section 8.4, if the Shipper or the
Transporter becomes aware of any Off-Spec Gas expected to be delivered at the Delivery
Point or in the event that Gas tendered for delivery by the Shipper at the Delivery Point
fails to conform to the Specification in accordance with Annexure 2 of GTA, then:
a) The relevant Party (Shipper or Transporter) shall notify the other Party in writing
immediately and provide full details of the nature and expected duration of such
delivery;
b) Acting as a Reasonable and Prudent Operator, the Shipper shall use reasonable
endeavours carry out such remedial work as required to bring the Gas within the
Specification.
Page 30 of 43
c) Within 2 (two) hours after receiving any such notice of Off Spec Gas, the
Transporter shall notify the Shipper of its election to accept or reject such Off-Spec
Gas and if the Transporter fails to respond to Shipper’s notice within said time
period, Transporter shall be deemed to have accepted such Off-Spec Gas.
8.4 If the Gas offered for transmission by Shipper at the Delivery Points shall fail at any time to
conform to the Specifications in accordance with Annexure 2 of GTA, then Transporter
shall have a right to reject all or any portion of such Gas which has failed to confirm to the
specifications set forth herein.
At any time after the Transporter has accepted or is deemed to have accepted any Off-Spec
Gas in accordance with Section 8.3 c), Transporter may, at its election, subsequently reject
further quantities of Off-Spec Gas with immediate effect upon providing written notice of
such election to the Shipper.
The acceptance, or deemed acceptance, of any Off-Spec Gas by the Transporter at the
Delivery Point in accordance with the provisions of this Section shall not be construed as an
agreement or consent by the Transporter to accept any Off-Spec Gas at the Delivery Point
at any future point in time.
8.5 If the Transporter refuses to accept Gas tendered by Shipper because such Gas does not
conform to the Specifications, then Shipper shall be liable to pay the Transmission Charges
as specified in the GTA.
On a Day where Transporter refuses to accept Gas tendered by Shipper under this Section,
Shipper may become liable for Imbalance Charges, if any, under the Operating Code and/or
the GTA, but there shall be no Shortfall Quantity under the GTA on this account.
8.6 Except in relation to any Off-Spec Gas that the Party affected has, or is deemed to have,
accepted pursuant to Section 8.3 c) and 8.8 c), the other Party shall be liable for and shall
indemnify the Party affected against all damages, claims, costs and liabilities which the
Party affected may incur reasonably or for which the Party affected may be liable as a direct
result of the delivery of Off-Spec Gas hereunder by the other Party, including, but not
limited to the following:
a) Costs and expenses in cleaning, rectifying or repairing any part or the whole of
affected or damaged facilities of the Party affected by the Off-Spec Gas; and
b) Costs and expenses of any measures taken by the Party affected for bringing the
Off-Spec Gas within the Quality Specifications;
The liability of the Transporter or the Shipper, as the case may be under this Section 8 shall
be limited as set out in GTA including Clauses 7.7 of GTA.
8.7 Subject to Section 8.8, the Gas tendered for delivery at the Redelivery Point by the
Transporter shall conform to the Specification in accordance with Annexure 2 of GTA.
8.8 Without prejudice to the provisions contained in Section 8.9, if the Transporter or Shipper
becomes aware of any Off-Spec Gas expected to be delivered at the Redelivery Point or in
the event that Gas tendered for delivery by the Transporter at the Redelivery Point fails to
conform to the Specification in accordance with Annexure 2 of GTA, then:
Page 31 of 43
a) the relevant Party (Transporter or Shipper) shall notify the other Party in writing
immediately and provide full details of the nature and expected duration of such
delivery;
b) Acting as a Reasonable and Prudent Operator, the Transporter shall use reasonable
endeavours to carry out such remedial work as required to bring the Gas within the
Specification.
c) Within 2 (two) hours after receiving any such notice of Off Spec Gas, the Shipper
shall notify the Transporter of its election to accept or reject such Off-Spec Gas,
and if the Shipper fails to respond to Transporter’s notice within said time period,
Shipper shall be deemed to have accepted such Off-Spec Gas.
8.9 If the Gas offered for delivery by Transporter at the Redelivery Point fail at any time to
conform to the Specifications in accordance with Annexure 2 of GTA, then Shipper shall
have a right to reject all or any portion of such Gas, which has failed to conform to the
specifications set forth herein.
At any time after the Shipper has accepted or is deemed to have accepted any Off-Spec Gas
in accordance with Section 8.8 c), Shipper may, at its election, subsequently reject further
quantities of Off-Spec Gas with immediate effect upon providing written notice of such
election to the Transporter.
The acceptance, or deemed acceptance, of any Off-Spec Gas by the Shipper at the
Redelivery Point in accordance with the provisions of this Section 8.9 shall not be construed
as an agreement or consent by the Shipper to accept any Off-Spec Gas at any Redelivery
Point at any future point in time.
8.10 If the Shipper refuses to accept Gas tendered by Transporter at the Redelivery Point
because such Gas does not conform to Specifications in accordance with the Annexure 2 of
GTA and it is not due to the failure of Shipper in tendering Gas at the Delivery Point
conforming to Specifications in accordance with the Annexure 2 of GTA, then Shipper shall
not be liable for payment of Transmission Charges to the extent of the Off-Spec Gas
quantities. Any Imbalance Charge arising due to this on such Day shall not be payable.
Further, Shortfall Quantities shall also arise as per the provisions of GTA.
8.11 However Shipper shall have no rights under Section 8.10 if Transporter’s failure to tender
Gas meeting the Specification in accordance with Annexure 2 of GTA at Redelivery Point is
a consequence of Shipper tendering Gas at the Delivery Point, which does not conform to
the Specification in accordance with Annexure 2 of GTA unless such Gas was accepted by
Transporter in accordance with this Section 8.
8.12 Without prejudice to any other remedies expressly set out in the GTA or this Code, the sole
remedies that the Party has against the other Party for delivery of Off Specs Gas in breach
of this Section 8 shall be those stated in the Section 8.6 only.
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SECTION 9 – MEASUREMENT OF GAS
This Section shall govern the measurement of Gas at a Point. The unit of measurement to
be used in relation to any references to volumes and quantities of Natural Gas in this
Agreement or in any document produced in accordance with the terms of the GTA and this
Operating Code including, but not limited to, any claim, notice, Daily Nomination, Weekly
Estimate, report, request, statement, Fortnightly Invoice shall be MMBTU. The Transporter
shall operate the Transporter Facilities using MMBTU as the unit of measurement and the
readings and registrations of the Measurement Equipment shall also be completed
accordingly.
9.2 Measurement:
At each Delivery Point and at each Redelivery Point there shall be measurement equipment,
or some means of establishing the measurements identified in Section 9.3.
9.3 The following shall be determined at each Delivery Point and each Redelivery Point for each
Day in respect of Gas delivered within the allowed Pressure and Temperature
a) The volume of Gas, measured in MMSCM which passed through the Delivery Point
or Redelivery Point during the Day.
b) The Gross/Net Heating Value applicable to the Gas which passed through the
Delivery Point or Redelivery Point during the Day.
c) The quantity of Gas, measured in MMBTU, implied by 9.3 a) and 9.3 b).
9.4 The measurement information identified in Section 9.3 shall be made available for the
purposes of allocation as soon as possible after the Day, or as specifically agreed in respect
of that Delivery Point or Redelivery Point.
9.5 In respect of any Day the “Measured Quantity” at a Point shall be the quantity of Gas,
measured in MMBTU, which is determined to have flowed through the Point during that
Day in accordance with Section 9.3 c).
a) All Natural Gas offtaken, transported or delivered under the GTA shall be measured
at each Delivery Point Measurement Equipment and / or each Redelivery Point
Measurement Equipment.
b) The total uncertainty in the measurement of the flow of Gas by the Measurement
Equipment at any Point shall in all steady-state flow conditions not exceed ± one (1)
percent over the range of twenty decimal zero (20) percent to one hundred decimal
zero (100) percent of the maximum flow rate (the "Total Uncertainty"). Such total
uncertainty shall be calculated using the method specified in ISO 5168 (or the latest
applicable methodology) or equivalent standards as acceptable in the international
Gas market for the determination of uncertainties of the measurement of those
volume flow rates which are used to compute flow rates.
Page 33 of 43
c) The joint tickets shall be signed by Transporter and Shipper or its representative at
Delivery and Redelivery Points on next day of Gas Flow Day. These joint tickets
shall be made available for allocation of Gas at Delivery and Redelivery Points or
Parties may agree that the Measured Quantity at each Point shall be confirmed by
the Non-Measuring Party at the Point using the Measuring Party’s website or by e-
mail on the Day after the Gas Flow Day. The confirmed data shall be used for
allocation of Gas at the Point. Any information/allocation shown on Transporter’s
electronic system prior to the said confirmation shall be operational information in
nature and is subject to change until confirmed.
The volume of Gas in mmscm and its Gross/Net Heating Value delivered/redelivered at a
Point shall be determined taking into account the capabilities of any measuring instruments
of standard manufacture and standard flow computer equipment, by measuring:
The quantity of MMBTU received or delivered during any Day at a Delivery Point
or a Redelivery Point shall be determined by continuous integration for that Day of
the number of Standard Cubic Metres of Gas delivered multiplied by the
“Gross/Net Heating Value” for the relevant “discrete interval of time” as above.
However in absence of energy meter at the Point, MMBTU shall be arrived at by the
multiplication of total quantity in scm delivered/redelivered during the Day and the
average Gross/Net Heating Value for that Day.
b) shall meet the standards, and is maintained, operated, calibrated and verified in
accordance with, the procedures, which are in line with the latest editions of codes
and standards as acceptable in the international Gas market for the measurement of
Gas; and
c) shall be compatible in all relevant respects with all other measurement equipment
being used in connection with the Transporter’s Facilities provided that any change
to the Measurement Equipment at the Delivery Point may be made only by mutual
agreement between Transporter and the Shipper(s) at such Point.
Page 34 of 43
9.8 Redelivery Point Measurement Equipment:
a) Transporter shall be the Measuring Party at the Redelivery Point and Shipper shall
be the Non-Measuring Party at such Point.
b) The Transporter shall provide and install (or procure the provision and installation)
the Measurement Equipment at each Redelivery Point in the Transporter Facilities
hereinafter referred to as the “Redelivery Point Measurement Equipment”. The
Transporter, shall thereafter operate, maintain and renew the Redelivery Point
Measurement Equipment. The ownership of Redelivery Point Measurement
Equipment shall always remain with the Transporter in above case. The Transporter
may also, on a case-to-case basis, agree to use the Measurement Equipment installed
and owned by the Shipper or other party at the Redelivery Point in which case the
Transporter shall have the right to operate and maintain such Measurement
Equipment, the terms and conditions for which shall be agreed upon.
c) The Shipper may also provide and install (or procure the provision and installation)
a Measurement Equipment at the Redelivery Point. Such Measure Equipment may
be used as check meter. The Shipper shall thereafter operate, maintain and renew
such check meter or cause such operation and maintenance and renewal of such
check meter. The ownership of such check meter shall remain with the Shipper. Any
pressure or volume control regulators installed by Shipper shall be operated so as
not to interfere with the Redelivery Point Measurement Equipment. However, in
case of any variation in the readings in the Measurement Equipment of Transporter
and Shipper at the Redelivery Point, the reading of the Transporter’s meter shall be
taken as final.
d) Transporter shall procure that the Shipper has the right of access at all times and for
all purposes connected with the GTA and this Operating Code to the Redelivery
Point Measurement Equipment. Shipper shall procure that it would provide required
land for installing of Redelivery Point measurement equipment and maintain
supplies of utilities including power, water and drainage and telephone connections
for operating the Redelivery Point Measurement Equipment at no cost to the
Transporter.
As the Gas redelivered at Redelivery Point is commingled with gas received from
ONGCL and PMT-JV at Hazira where measurement of individual C6+ components
is being done by appropriate split ratio of C6+ components in the existing Gas
chromatograph based on an analysis of representative samples of Gas at the
Delivery Point by key pad or any other appropriate method, the same methodology
using the same split ratio as at supplier’s delivery point at Hazira shall be used at
Redelivery Point for redelivery of Gas under the Agreement. To bring clarity, it is
elaborated that the measurement of C6, C7, C8 and higher hydrocarbons, which is
presently being done as C6+, will be done based on a split ratio of each of these
components as determined at upstream supplier’s delivery point Hazira. The
methodology for determination of split ratio will be as agreed between GAIL and
ONGC. In case, appropriate online Gas chromatograph is installed by ONGC at
Hazira, the actual ratio of C6+ components as determined at Hazira shall be used at
Redelivery Point under this Agreement.
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9.9 Delivery Point Measurement Equipment:
a) Unless Transporter and Shipper otherwise agree, Shipper or his authorised nominee
shall be the Measuring Party at the Delivery Point and Transporter shall be the Non-
Measuring Party at such Point.
b) The Measuring Party at the Delivery Point shall provide and install (or procure the
provision and installation) the Measurement Equipment at the Delivery Point,
hereinafter referred to as the “Delivery Point Measurement Equipment”. The
Shipper shall ensure either the Shipper or Shipper’s Upstream Transporter will also
operate, maintain and renew the Delivery Point Measurement Equipment.
c) The Transporter may also provide and install (or procure the provision and
installation) a Measurement Equipment at the Delivery Point. Such Measure
Equipment may be used as check meter. The Transporter shall thereafter operate,
maintain and renew the check meter. The ownership of such check meter shall
remain with the Transporter in this case. Any pressure or volume control regulators
installed by Transporter shall be operated so as not to interfere with the Delivery
Point Measurement Equipment.
d) Shipper shall procure that the Transporter has the right of access at all times and for
all purposes connected with the GTA and this Operating Code to the Delivery Point
Measurement Equipment. If the Transporter elects to install a check meter at the
Delivery Point then the Shipper shall procure that it would provide and maintain
supplies of utilities including power, water and drainage and telephone connections
for operating the Delivery Point Measurement Equipment at no cost to the
Transporter.
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c) Accuracy of the Measurement Equipment shall be subject to specifications (if any)
laid down by Board.
d) Any verification pursuant to this Section shall be conducted by Party operating such
Measurement Equipment at such Point. Party operating such Measurement
Equipment shall give three (3) days advance notice of such verification to the other
Parties, who shall be entitled to be present and may attend with their representatives.
However, the absence of such Party or its representative shall not invalidate the
findings of any verification conducted at the notified time and date. Party operating
such Measurement Equipment shall provide a verification report to the other Party
within three (3) days of any verification stating the results of such verification.
b) By estimating the quantity of delivery by deliveries during the periods under similar
conditions when the meter was registering accurately.
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iii. In case (ii) is not possible the correction shall be made for a period equal to
half of the time elapsed since the date of last verification. However, the
correction period shall not exceed sixteen days.
a) At least one (1) month prior to the Start Date the Parties shall agree upon three
individuals each of whom shall be an independent Third Party and each of whom
shall have the necessary and appropriate qualifications and experience in
measurement of Gas which will enable each of them to act and advise as experts
with regard to the measurement of the quantity and quality of Natural Gas and the
maintenance, verification and calibration of the Measurement Equipment, (each
such individual shall be referred to as a “Measurement Expert”).
b) The Measuring Party hereby grants to, or shall procure for the Non- Measuring
Party to their respective GTA and the Measurement Expert, all necessary rights of
access and inspection in respect of all Measurement Equipment to the extent
required to settle the dispute under this Section. Furthermore, the Measuring Party
shall undertake and shall permit any Measurement Expert to witness the calibrations
and metering accuracy tests and to observe the operations of the Measurement
Equipment, and shall furnish to any Measurement Expert at his request, the
metering data and other test information applicable to the Measurement Equipment
reasonably necessary for the measurements and tests required for the purposes of
the GTA or the Allocation Arrangement, as the case may be.
a) Transporter shall notify the Shipper, as soon as reasonably practicable on each Day,
the Measured Quantity and / or the Allocated Quantities at the Delivery Point,
determined in accordance with this Section 10 or the Allocation Arrangement, as the
case may be.
b) Transporter shall notify the Shipper of the Measured Quantity and / or the
Allocated Quantities at the Redelivery Point determined in accordance with this
Section 9 or the Allocation Arrangement, as the case may be.
The specific gravity of Gas flowing through the Measurement Equipment shall be
determined by means of Gas Composition Measurement Equipment located (1) at or near
the Delivery Point and (2) at or near the Redelivery Point or at any other point mutually
agreed on the Transporters Facilities installed and maintained in accordance with the
specifications set forth in the manufacturer's recommendations.
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9.15 Flowing Temperature:
The flowing temperature of the Gas being metered shall be determined by means of a
recording thermometer of a type acceptable to both Transporter and Shipper, located (1) at
or near the Delivery Point and (2) at or near the Redelivery Point or at any other point
mutually agreed on the Transporters Facilities installed and maintained in accordance with
the specifications set forth in the manufacturer's recommendations.
Transporter and Shipper shall prepare and maintain proper books and records, including
meter readings, calibrations, of all matters pertaining to the transmission of Gas under this
Operating Code. The Transporter shall retain those records for 3 (three) years. Subject to
the right of Transporter to withhold information not related to performance under the
GTA, Shipper may examine such books and records of the Transporter to verify any
statement, invoice, claim or other document produced in accordance with this Operating
Code upon reasonable notice and at reasonable times.
The Measurement Equipment shall comply with the latest edition of the following Codes &
Standards:
or any other latest version of the applicable AGA/ISO Code and Standard and the
implementation of the same shall be mutually agreed.
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SECTION 10 – MODIFICATIONS
10.1 The Transporter or Shippers may propose Modifications (each a “Modification”) to the
Operating Code, and each proposed Modification, shall be presented by the proposer
thereof in the following manner:
b) A proposed Modification shall set out in sufficient detail the nature and purpose of
the proposed Modification;
d) If the proposer considers that the Modification should be treated as urgent, the
Modification proposal shall identify the Modification proposal as such.
10.2 The Transporter shall communicate the proposed Modifications to all the Shippers who
have signed this Operating Code. The Transporter may from time to time recommend the
form which Modification proposals should take.
10.3 The Transporter shall be entitled to reject any proposed Modification it considers
unreasonable, impracticable or contrary to legal requirement.
10.4 The Transporter shall consider each proposed Modification and consult with the Shippers
or with any Third party, which Transporter shall deem appropriate in relation to each
proposed Modification.
10.5 The Transporter shall prepare and submit such report as may be required within an
appropriate time period and which report shall include
10.6 Following the receipt of any report pursuant to 10.5, the Transporter shall notify the
Shippers of its decision in relation to any proposed Modification, and where such
Modification is supported and accepted by the Transporter, it shall prepare and issue the
draft Modification to the Shippers. The Transporter may vary the terms of any proposed
Modification or attach such conditions thereto as it considers appropriate.
10.7 Following such approval or amendment of the draft Modification as the Transporter
considers appropriate, the Transporter shall incorporate the Modification into this
Operating Code.
a) comply with any legal requirement or change in law or regulation affecting the
Transporter Facilities;
c) take into account experience in the operation, maintenance and/or use of the
Transporter Facilities and of transportation systems generally, good industry practice
and/or changes in technology
The Transporter shall issue a notice to Shipper for Modification to this Operating Code and
with the consent of the Shipper which shall not be unreasonably withheld the same shall be
incorporated into this Operating Code with immediate effect.
10.10 The Parties to this Operating Code agree that, notwithstanding the foregoing, the current
version of this Operating Code may be reviewed by the Parties to this Operating Code and
suitable Modifications may be incorporated into this Operating Code only upon mutual
agreement.
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SCHEDULE A - FORM FOR WEEKLY NOMINATIONS
CT Agreement No : 1
From : (Shipper)
To : GAIL (India) Limited (Transporter)
Contact Name :
Contact Tel No :
Date made :
Time Made :
Delivery Point :
Redelivery Point :
Page 42 of 43
SCHEDULE B - FORM FOR DAILY NOMINATION
CT Agreement No. :
From : (Shipper)
To : GAIL (India) Limited (Transporter)
Contact Name :
Contact Tel No :
Date made :
Time Made :
Page 43 of 43