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Unless the context otherwise requires, in these Rules

“Act” means the Energy Commission Act, 1997 (Act 541);

“back-up capacity” means capacity reserved for a period of twelve months by the utility for a shipper, at an entry point which is different from the registered entry point of the shipper;

“balancing charge” includes a charge

(a) that arises out of tire difference or in balance between the input and output quantities recorded by the utility on behalf of the wholesale supplier, bulk customer or distribution company for a specific period; and

(b) debited or credited to the disbursement account as a result of a balancing action taken by the physical balance of the transmission system;

“bulk customer” means a customer that purchases or receives natural gas of an amount or level specified by the Commission for consumption and not for delivery or resale to others;

“Commission” means the Energy Commission established under section 1 of the Energy Commission Act, 1997 (Act 541);

“day” means a calendar day;

“Day” means a period beginning at 06:00 hours on any day and ending at 06:00 hours on the following day;

“Day D” means the day on which an activity pursuant to these Rules is scheduled or requested to occur or should have occurred;

“Day D-l or D-1” means the day immediately preceding day D;

“difficult day” means a day declared by the utility where there is insufficient flexibility available on the transmission system to accommodate a bulk customer within the day’s profile at a bulk customer’s off-take, other than the profile which specifies a uniform off-take rate;

“disbursement account” means an account where all amounts received from every bulk customer and distribution company in respect of balancing charges are lodged;

“emergency” means an event or a circumstance or a combination of events or circumstances which have occurred or are likely to occur and which in the opinion of the utility adversely affects, or is likely to have an adverse effect on the safety or operational integrity of the national transmission system for natural gas or which results in or is likely to affect the safety of life, property or the environment and may refer to

(a) the event or circumstance which gives rise to the emergency,

(b)the safe conveyance of natural gas by the transmission system being significantly at risk;,

(c) natural gas conveyed by the transmission system being at a pressure or of a quality as to constitute a danger to life, property or the environment when off- taken from the national transmission system; an escape or suspected escape of natural gas; the utility’s inability to maintain safe pressures within the transmission system due to interruption or disruption to the transmission system or a connected system; events or circumstances in a connected system either upstream or downstream of the transmission system;

an insufficiency of deliveries of natural gas to and from the transmission system; and any actual or potential failure of or damage to the transmission , system;

“framework agreement” means an agreement entered into between the utility, a shipper, bulk customer or distribution company by which the utility and the shipper, bulk customer and distribution company agree to be bound by

(a) the procedure for obtaining and terminating transmission and interconnection services for natural gas;

(b) the method of response to a request for services; and

(c) maps and diagrams of its natural gas transmission facilities in the country as required under section 24 (2) (c) of the Act;

“natural gas” means any hydrocarbon or a mixture of hydrocarbon and other gases which at a temperature of sixty degrees Fahrenheit and at atmospheric pressure are predominantly in a gaseous state;

“non-compliant gas” means natural gas tendered for delivery at the entry' point which fails to conform to the entry' specification;

“off-spec gas” means natural gas which fails to conform to the off-take specification when the utility makes it available for off-take at an off-take point; “off-take” means writing natural gas from the national transmission system;

“operational flow order” means an order issued by the utility to the distribution company or bulk customer on or before a difficult day or a restricted capacity' day, or in anticipation of a difficult day or a restricted capacity day instructing the distribution company or bulk customer to prevent or minimize the impact of a difficult day or a restricted capacity' day occurring in relation to the national transmission system;

“pipe” means a pipe of tubing used in the transportation of natural gas;

“pipeline” means the physical facility including a pipe, valve, and metering equipment through which natural gas is transported;

“primary capacity” means capacity which is reserved by a shipper, bulk customer or distribution company through a framework agreement directly from the utility and which entitles the utility to reject an application for capacity, including the right to reject if a shipper, bulk customer or distribution company has failed to provide sufficient financial security as required by these Rules;

“regulating and metering station” means a facility that receives natural gas from a high pressure transmission pipeline, liquefied natural gas storage, natural gas well or natural gas processing plant and from where distribution of natural gas begins;

“restricted capacity day” means a day declared by the utility on which the capacity of the national transmission system or any localized part of it is reduced for reasons of physical or operational constraint;

“shipper” means a person licensed by the Commission and registered by the utility and that contracts the utility to transport natural gas in the national interconnected transmission system;

“transmission pipeline” includes a pipeline from a hub of gathering lines, regulating and metering stations, natural gas storage facility, a liquefied natural gas terminal or directly from a production field to distribution centers, storage facilities and bulk customers;

“transmission system” means the national interconnected transmission system;

“utility” means the person granted the transmission licence as a public utility under section 23 of the Act to operate the national interconnected transmission system for the transmission of natural gas; and

“Wholesale supplier” means a person licensed under the Act to install and operate facilities to procure or produce natural gas for sale to bulk customers or to a distribution company for distribution and sale to consumers. .