Common use of Rules applying in case of failure of Measuring Instruments Clause in Contracts

Rules applying in case of failure of Measuring Instruments. In the event of a lack of conformity of any Measuring Instrument with the tolerances defined by the regulations in force: i) For PIC Delivery Points: An adjustment is made by the TSO until sixty (60) days before the date on which the non- conformity of any Measuring Instrument was detected. This adjustment will be based on all evaluation elements available to the TSO, who will inform the Shipper of the adjustment made. Subject to its confidentiality obligations, the TSO will provide the Shipper with documentation in support of the adjustment made. Failing the Shipper’s agreement on this procedure, the adjustment is made on the basis of the difference in measurement noted on verification up to the sixtieth day preceding the date on which the compliance defect of any Measuring Instrument was detected. In the event of stoppage or defective operation of the Measuring Instruments on any given day D, the Quantities of Energy delivered that Day D are estimated by the TSO on the basis of all the elements of appraisal at its disposal. As the case may be, the TSO approaches the Final Consumer or its representative, or the DSO concerned and the Shipper to prepare the replacement values. Subject to its confidentiality obligations, the TSO will provide the Shipper with the values determined accordingly and documentation in support of the adjustment made. ii) For PTID Delivery Points: When agreements (in particular, an agreement ensuring the management of a TSO-DSO Inter-Operator Imbalance Account for PITDs) are signed between the TSO and the DSOs, the provisions of these agreements apply. Apart from the signing of an agreement between TSO and DSO, the provisions defined above and relating to PIC apply.