Examples of Historical Shipper in a sentence
If the circumstances described in Item 70(f) occur, Carrier may, by written designation, issued in Carrier's sole discretion, exclude such month from the Base Period under this Item 70 for purposes of determining the Average Monthly Volume Percentage of any Historical Shipper.
Each Historical Shipper shall be allocated an amount equal to one hundred (100) percent of its Average Monthly Volume Percentage multiplied by the Capacity Available to Historical Shippers, rounded to the nearest Barrel, for the line segment being prorated, with the total of all Historical Shippers’ allocations not exceeding ninety-five (95) percent of the total Available Capacity not allocated through the application of Items 70(b)(i), (ii) and (iii) for the line segment being prorated.
One or more Historical Shippers may combine their Average Monthly Volume Percentages through an acquisition, merger, consolidation, assignment or other corporate combination or series of transactions with one another, provided that only the surviving Historical Shipper may use the combined Average Monthly Volume Percentage.
Any party that is not a Historical Shipper (including a New Shipper) that acquires a Historical Shipper may retain that Historical Shipper’s Average Monthly Volume Percentage, but may not increase that Average Monthly Volume Percentage by virtue of such acquiring party’s own previous history.
If a Historical Shipper's Nomination for a month is less than its Average Monthly Volume Percentage, the Historical Shipper will be allocated only the amount of its Nomination.
If any Historical Shipper or New Shipper fails to Tender a volume of Crude Petroleum during the month equal to at least ninety percent (90%) of its Binding Nomination for that month, that Shipper will incur a Non-Performance Penalty.
If a Historical Shipper or New Shipper uses multiple Receipt Points to transport Crude Petroleum, the applicability of the Non-Performance Penalty will be assessed on an aggregate basis by comparing the Shipper’s Binding Nomination(s) to the sum of its Tenders at all Receipt Points.
Effective October 1, 2012, Affiliates of an existing Historical Shipper are not eligible to be New Shippers.
For added clarity, Entitlement Volume does not represent the volume of Available Capacity an individual Historical Shipper is entitled to for such Month being allocated; it is the numerator of the fraction used to calculated apportionment on a historical basis.
Yet it is implementing that policy by applying a retroactive historical period to establish Historical Shipper status, thus denying all shippers, both existing and prospective, an equal, nondiscriminatory opportunity to establish a pattern of historical shipments before the historical shipment based proration policy takes effect.