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Sheet Index Table
CP99-211-001
Original Sheet No. 0 : Effective
FERC GAS TARIFF
ORIGINAL VOLUME NO. 1
OF
USG PIPELINE COMPANY
FILED WITH THE
FEDERAL ENERGY REGULATORY COMMISSION
COMMUNICATIONS CONCERNING THIS TARIFF
SHOULD BE SENT TO:
K.A. KENNEDY
PRESIDENT
USG PIPELINE COMPANY
125 South Franklin
Department 143-65
Chicago, Illinois 60606
(312) 606-4168 (phone)
(312) 606-4532 (fax)
Sheet Index Table
CP99-211-001
Original Sheet No. 1 : Effective
TABLE OF CONTENTS
Sheet
Number
Preliminary Statement 2
System Map 3
Notice of Rates 4
Rate Schedules:
Firm Transportation (FT) Service 5
Interruptible Transportation (IT) Service 11
General Terms and Conditions 16
Form of Service Agreement
Firm and Interruptible Transportation Agreement 72
Released Transportation Agreement 75
Pre-Assignment Agreement 82
Form of Release Request 87
Form of Bid 91
Transportation Service Request Form 93
FERC Gas Tariff, Original Volume No. 2
Preliminary Statement 1
System Map 2
Rate Schedule X-1, Transportation Agreement with
United States Gypsum Company 3
Sheet Index Table
CP99-211-001
Original Sheet No. 2 : Effective
PRELIMINARY STATEMENT
USG Pipeline Company, a Delaware corporation, owns and operates under a
certificate of public convenience and necessity a natural gas pipeline
system,located in the states of Tennessee and Alabama. USG Pipeline
Company is engaged in the transportation of natural gas in interstate
commerce.
The locations of the Company's transmission line and the point at which
it delivers gas are shown on the System Map on the following page.
Sheet Index Table
CP99-211-001
Original Sheet No. 3 : Effective
SYSTEM MAP
Sheet Index Table
CP99-211-001
Original Sheet No. 4 : Effective
NOTICE OF RATES
(Rates Per Dekatherm)
Rate Schedule Base Tariff Rate
Monthly Demand Rates
FT - Max $5.4993
- Min $0.00
Daily Demand Rates
FT - Max $0.1833
- Min $0.0000
Commodity Rates 1/
FT - Max $0.0000
- Min $0.0000
IT - Max $0.1833
- Min $0.0000
1/ The maximum Volumetric Firm Rate for Capacity Release is $0.1833.
Sheet Index Table
CP99-211-001
Original Sheet No. 5 : Effective
FT RATE SCHEDULE
FIRM TRANSPORTATION SERVICE
1. AVAILABILITY
This Rate Schedule is available for the transportation of natural gas on a
firm basis by USG Pipeline Company (hereinafter called Transporter) for any
Shipper:
(a) that completes a valid request for service and executes a Firm
Transportation Agreement ("FT Agreement"), wherein Transporter agrees
to transport and deliver at designated delivery points on behalf of
Shipper, natural gas up to a specified volume, which will be
designated as the Transportation Quantity. Each FT Agreement will
specify the Primary Receipt and Delivery Points available for use
under the FT Agreement and the Maximum Daily Quantity ("MDQ") at each
Primary Delivery and Receipt Point; and
(b) provided that uncommitted firm capacity is available on all portions
of Transporter's system necessary to provide the service.
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 The service rendered shall be the transportation of natural gas up to
the maximum daily entitlement ("Transportation Quantity") set out in
the FT Agreement performed under Sub-parts B and G of Part 284 of the
Commission's Regulations. Firm transportation service under this
Rate Schedule shall be provided, to the extent Transporter determines
firm capacity is available, to any Shipper in the order in which each
Shipper has fulfilled the requirements of Section 5 of the General
Terms and Conditions of Transporter's Tariff; provided, however,
Transporter shall not commence service until Transporter and Shipper
have executed an FT Agreement. Transporter shall not be required to
install, operate or maintain any additional facilities in order to
provide transportation service under this Rate Schedule except as
provided in Section 4.2.
2.2 Service shall be provided on a firm basis. However, service may be
curtailed pursuant to Section 9.4 of Transporter's General Terms and
Conditions or whenever necessary to maintain gas quality or the
integrity of Transporter's system.
Sheet Index Table
CP99-211-001
Original Sheet No. 6 : Effective
FT RATE SCHEDULE
FIRM TRANSPORTATION SERVICE
3. DELIVERIES AND RECEIPTS
3.1 Receipt Points: The Primary Receipt Point(s) for all gas transported
by Transporter under this Rate Schedule shall be at the mutually
agreeable interconnection(s) between Transporter's system and the
connecting facilities shown on Exhibit A to the FT Agreement.
Transporter shall not be required under any circumstances to receive
gas at any Receipt Point where (1) the total quantity of gas
scheduled for receipt on any day is less than that required for the
accurate measurement of quantities to be received or (2)Shipper has
failed to make and properly implement all necessary arrangements on
upstream pipelines. The total quantity specified at all of Shipper's
Primary Receipt Point(s) must equal the Transportation Quantity
stated in the FT Agreement.
3.2 Delivery Points: The Primary Delivery Point(s) for all gas
transported by Transporter under this Rate Schedule shall be at the
mutually agreeable interconnection(s) between Transporter's system
and the facilities shown on Exhibit A to the FT Agreement.
Transporter shall not be required under any circumstances to deliver
gas at any Delivery Point where (1) the total quantity of gas
scheduled for delivery on any day is less than that required for the
accurate measurement of quantities to be delivered or (2)Shipper has
failed to make and properly implement all necessary arrangements on
downstream pipelines. The total quantity specified at all of
Shipper's Primary Delivery Point(s) must equal the Transportation
Quantity stated in the FT Agreement, less Retainage, if any.
3.3 Changing Primary Receipt and Delivery Points: Subject to
availability of firm capacity, Shipper may change the Primary Receipt
or Delivery Points under its FT Agreement (including redistributing
the Maximum Daily Quantity among points) by an amendment of Exhibit A
to the FT Agreement. Such amendment shall be reflected in an
executed revision of Exhibit A submitted to Transporter by the
twentieth of the month preceding the month for which the change is
desired. Primary Receipt and Delivery Point amendments pursuant to
this section shall be given priority over all interruptible service
requested through such points. Shipper shall lose its priority at
previously designated Primary Receipt and Delivery Points to the
extent that the amendment reduces the Maximum Daily Quantity at any
point.
Sheet Index Table
CP99-211-001
Original Sheet No. 7 : Effective
FT RATE SCHEDULE
FIRM TRANSPORTATION SERVICE
3.4 Secondary Receipt and Delivery Points: Shipper may use as a
Secondary Receipt or Delivery Point any other receipt or delivery
point on Transporter's system by notifying Transporter in Shipper's
nomination. A Shipper may also use a Primary Receipt or Delivery
Point as a Secondary Point to the extent that Shipper nominates
quantities at the Primary Point in excess of the Shipper's Maximum
Daily Quantity for that Primary Point, but less than or equal to the
Transportation Quantity under the FT Agreement. A firm shipper's
rights to use a Secondary Receipt or Delivery Point shall be superior
to all interruptible shippers' use of that point, but inferior to the
rights of all firm shippers using that point as a Primary Delivery or
Receipt Point. Shipper's total receipts or deliveries on any day
shall not exceed the Transportation Quantity stated in the FT
Agreement (as adjusted for Retainage, if any), and, if the capacity
at a Secondary Receipt or Delivery Point is insufficient to serve all
shippers requesting the point, the receipt or delivery quantities for
that point shall be allocated in accordance with Section 9 of the
General Terms and Conditions.
4. RATES AND CHARGES
4.1 Transportation Rates:
The applicable rates for service under this FT Rate Schedule are the
applicable maximum Reservation and Commodity Rates shown on the
effective Tariff Sheet No. 4; provided, however, Transporter has the
right at any time and from time to time to adjust the Reservation and
Commodity Rates applicable to any service upon notice to Shipper to
any level not less than the minimum nor more than the maximum
Reservation and Commodity Rates established for this Rate Schedule
and set forth on the effective Tariff Sheet No. 4.
In the event Transporter and Shipper agree to establish a fixed rate
to be charged for the duration of the transportation service, said
rate will be set forth in the applicable FT Agreement.
In the event that Transporter interrupts or curtails service for any
reason, other than Operational Flow Orders and events of force
majeure as described in Sections 8 and 15 respectively of
Transporter's General Terms and Conditions, and Shipper has
previously paid for such service, Transporter shall credit to
Shipper's next monthly bill an amount equal to the daily demand
charge multiplied by the number of days of interruption or
curtailment.
Sheet Index Table
CP99-211-001
Original Sheet No. 8 : Effective
FT RATE SCHEDULE
FIRM TRANSPORTATION SERVICE
4.2 New Facilities: In addition to the charges pursuant to Section 4.1 of
this Rate Schedule, if Transporter agrees to construct facilities for
service requested by Shipper, Transporter shall charge Shipper an
amount to advance 100% of the estimated cost (including a gross-up
for the income tax effects of reimbursement) of facilities
constructed at the Shipper's request in order to provide
transportation service under this Rate Schedule. Further,
Transporter shall charge Shipper an amount to advance 100% of the
estimated costs (including a gross-up for the income tax effects of
reimbursement) to be incurred by Transporter for appurtenant
facilities and equipment, including but not limited to electronic
custody transfer equipment, metering facilities, gravitometers,
calorimeters, flow controllers or other measurment or metering
facilities. Such estimated advance payments shall be subject to
true-up to actual costs incurred by Transporter for the construction
of transportation and appurtenant facilities within 30 days following
completion of construction of such facilities.
4.3 Incidental Charges: In addition to the charges pursuant to Sections
4.1 and 4.2 of this Rate Schedule, Transporter may charge Shipper an
amount to reimburse Transporter 100% for any filing or similar fees
and, if applicable, sales or use tax that have not been previously
paid by Shipper, which Transporter incurs in establishing or
rendering service.
4.4 Authorized Overrun Charge: If Shipper, upon receiving the advance
approval of Transporter, should on any day take under this Rate
Schedule a quantity of natural gas in excess of that which Shipper is
authorized to take under Shipper's FT Agreement, then such quantity
shall constitute an authorized overrun quantity. All Shipper
requests for Authorized Overruns must be nominated via facsimile to
Transporter. For all such authorized overrun volumes, Shipper shall
pay Transporter a rate equal to the volumetric derivative of the
maximum FT rate designed on a 100% load factor basis times the excess
quantities delivered to Shipper, unless the parties mutually agree
otherwise.
Sheet Index Table
CP99-211-001
Original Sheet No. 9 : Effective
FT RATE SCHEDULE
FIRM TRANSPORTATION SERVICE
4.5 Notwithstanding any provision of Transporter's effective FERC Gas
Tariff to the contrary, Transporter and Shipper may mutually agree in
writing to rates, rate components, charges or credits for service
under this Rate Schedule that differ from those rates, rate
components, charges or credits that are otherwise prescribed,
required, established or imposed by this Rate Schedule or by any
other applicable provision of Transporter's effective FERC Gas
Tariff. If Transporter agrees to such differing rates, rate
components, charges or credits ("Negotiated Rates") then the
Negotiated Rate(s) shall be effective only for the period agreed upon
by Transporter. During such period, the Negotiated Rate shall govern
and apply to the Shipper's service and the otherwise applicable rate,
rate component, charge or credit, which the parties have agreed to
replace with the Negotiated Rate, shall not apply to, or be available
to, the Shipper. At the end of such period, the otherwise applicable
maximum rates or charges shall govern the service provided to
Shipper. Only those rates, rate components, charges or credits
identified by Transporter and Shipper in writing as being superseded
by a Negotiated Rate shall be ineffective during the period that the
Negotiated Rate is effective; all other rates, rate components,
charges or credits prescribed, required, established or imposed by
this Rate Schedule or Transporter's Tariff shall remain in effect.
Transporter shall make any filings at the FERC necessary to
effectuate a Negotiated Rate.
Sheet Index Table
CP99-211-001
Original Sheet No. 10 : Effective
FT RATE SCHEDULE
FIRM TRANSPORTATION SERVICE
5. MONTHLY BILL
The Monthly Bill for service shall be equal to:
(a) Reservation Charge: A reservation rate determined under Section
4.1 of this Rate Schedule multiplied by the Transportation Quantity
as specified in the FT Agreement;
(b) Commodity Charge: The applicable Commodity Rate(s) under Section
4.1 of this Rate Schedule multiplied by the dekatherms of natural
gas transported and delivered in the month pursuant to this Rate
Schedule; and
(c) If applicable, any other charges pursuant to Section 4 of this Rate
Schedule.
6. WAIVER
Transporter may waive any rights hereunder or any obligations of Shipper
hereunder on a basis that is not unduly discriminatory; provided that no
waiver shall operate or be construed as a waiver of other or future rights
or obligations, whether of a like or different character.
7. GENERAL TERMS AND CONDITIONS
7.1 Shipper shall provide Transporter with such information as is
needed to meet the requirements placed on Transporter by
regulation, rule, and/or order by any duly authorized agency.
Furthermore, any terms or conditions not specified in this Rate
Schedule shall be determined consistent with the General Terms and
Conditions of Transporter's Tariff, which are incorporated into
this Rate Schedule.
7.2 In the event of a conflict between the provisions of this Rate
Schedule and Transporter's General Terms and Conditions, the
provisions of Transporter's General Terms and Conditions shall
govern.
Sheet Index Table
CP99-211-001
Original Sheet No. 11 : Effective
IT RATE SCHEDULE
INTERRUPTIBLE TRANSPORTATION SERVICE
1. AVAILABILITY
This Rate Schedule is available for the transportation of natural gas on an
interruptible basis by USG Pipeline Company (hereinafter called Transporter) to
any Shipper:
(a) that makes a valid request for interruptible service and executes an
Interruptible Transportation Agreement ("IT Agreement"); and
(b) to the extent that interruptible capacity is available on
Transporter's system from time to time for the receipt of gas by
Transporter and the redelivery by Transporter for the account of
Shipper.
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 The service rendered shall be the transportation of natural gas up to
the Maximum Interruptible Quantity ("MIQ") set out in the IT
Agreement performed under Sub-parts B and G of Part 284 of the
Commissions Regulations subject to the availability of capacity
sufficient to provide the service without detriment or disadvantage
to Transporter's firm transportation customers.
2.2 Service shall be on an interruptible basis. Interruption of service
includes decreasing, suspending, or discontinuing either the receipt
or delivery of gas. Interruption and availability of interruptible
capacity shall be in accord with Section 9 of the General Terms and
Conditions.
2.3 Transporter shall not be required to install, operate or maintain any
additional facilities in order to provide transportation service
under this Rate Schedule.
Sheet Index Table
CP99-211-001
Original Sheet No. 12 : Effective
IT RATE SCHEDULE
INTERRUPTIBLE TRANSPORTATION SERVICE
3. DELIVERIES AND RECEIPTS
3.1 Receipt Points: All receipt points on Transporter's system shall be
available as receipt points for gas transported under this Rate
Schedule. Transporter shall not be required under any circumstances
to receive gas at any Receipt Point where (1) the total quantity of
gas scheduled for receipt on any day is less than that required for
the accurate measurement of quantities to be received or (2)Shipper
has failed to make and properly implement all necessary upstream
arrangements on upstream pipelines.
3.2 Delivery Points:
(a) All delivery points on Transporter's system shall be available
as delivery points for gas transported under this Rate
Schedule.
(b) Transporter shall not be required under any circumstances to
deliver gas at any Delivery Point where (1) the total quantity
of gas scheduled for delivery on any day is less than that
required for the accurate measurement of quantities to be
delivered or (2)Shipper has failed to make and properly
implement all necessary upstream arrangements on upstream
pipelines.
Sheet Index Table
CP99-211-001
Original Sheet No. 13 : Effective
IT RATE SCHEDULE
INTERRUPTIBLE TRANSPORTATION SERVICE
4. RATES AND CHARGES
4.1 Transportation Rates: The Transportation Rate is the maximum IT rate
shown on the effective Tariff Sheet No. 4, unless otherwise mutually
agreed; provided, however, Transporter has the right at any time and
from time to time to adjust the rate applicable to any transportation
service upon notice to Shipper to any level not less than the minimum
nor more than the maximum rates established for this Rate Schedule
and set forth on the effective Tariff Sheet No. 4.
In the event Transporter and Shipper agree to establish a rate that
is not subject to change and that is to be charged for the duration
of the transportation service, said rate will be set forth in the
applicable IT Agreement.
4.2 New Facilities: In addition to the charges pursuant to Section 4.1
of this Rate Schedule, if Transporter agrees to construct facilities
for service requested by Shipper, Transporter shall charge Shipper an
amount to advance 100% of the estimated cost (including a gross-up
for the income tax effects of reimbursement) of facilities
constructed at the Shipper's request in order to provide
transportation service under this Rate Schedule. Further,
Transporter shall charge Shipper an amount to advance 100% of the
estimated costs (including a gross-up for the income tax effects of
reimbursement) to be incurred by Transporter for appurtenant
facilities and equipment, including but not limited to electronic
custody transfer equipment, metering facilities, gravitometers,
calorimeters, flow controllers or other measurment or metering
facilities. Such estimated advance payments shall be subject to
true-up to actual costs incurred by Transporter for the construction
of transportation and appurtenant facilities within 30 days following
completion of construction of such facilities.
Sheet Index Table
CP99-211-001
Original Sheet No. 14 : Effective
IT RATE SCHEDULE
INTERRUPTIBLE TRANSPORTATION SERVICE
4.3 Incidental Charges: In addition to the charges pursuant to Section
4.1 and 4.2 of this Rate Schedule, Transporter shall charge Shipper
an amount to reimburse Transporter 100% for any filing or similar
fees and, if applicable, sales or use tax that have not been
previously paid by Shipper, that Transporter incurs in establishing
or rendering service.
4.4 Notwithstanding any provision of Transporter's effective FERC Gas
Tariff to the contrary, Transporter and Shipper may mutually agree in
writing to rates, rate components, charges or credits for service
under this Rate Schedule that differ from those rates, rate
components, charges or credits that are prescribed, required,
established or imposed by this Rate Schedule or by any other
applicable provision of Transporter's effective FERC Gas Tariff. If
Transporter agrees to such differing rates, rate components, charges
or credits ("Negotiated Rates"), then the Negotiated Rate(s) shall be
effective only for the period agreed upon by Transporter. During
such period, the Negotiated Rate shall govern and apply to the
Shipper's service and the otherwise applicable rate, rate component,
charge or credit, which the parties have agreed to replace with the
Negotiated Rate, shall not apply to, or be available to, the Shipper.
At the end of such period, the otherwise applicable maximum rates or
charges shall govern the service provided to Shipper. Only those
rates, rate components, charges or credits identified by Transporter
and Shipper in writing as being superseded by a Negotiated Rate shall
be ineffective during the period that the Negotiated rate is
effective; all other rates, rate components, charges or credits
prescribed, required, established or imposed by this Rate Schedule or
Transporter's Tariff shall remain in effect. Transporter shall make
any filings at the FERC necessary to effectuate a Negotiated Rate.
5. SCHEDULING AND CURTAILMENT
Transporter shall schedule interruptible transportation according to the IT rate
paid by Shippers each month, scheduling IT at higher rates ahead of IT at lower
rates. The foregoing notwithstanding, if an IT Shipper was flowing gas under its
IT Agreement during the previous month, such Shipper will be notified prior to
the start of the month of delivery if its current IT nomination cannot be
scheduled due to price, and given an opportunity to offer a price that will
enable its IT nomination to be scheduled. IT Shippers paying the same rate shall
be scheduled pro rata based on Scheduled Quantities.
Sheet Index Table
CP99-211-001
Original Sheet No. 15 : Effective
IT RATE SCHEDULE
INTERRUPTIBLE TRANSPORTATION SERVICE
6. MONTHLY BILL
The Monthly Bill for service shall equal
(a) The applicable IT Rate multiplied by the dekatherms of natural gas
transported and delivered by Transporter for Shipper in the month
pursuant to this Rate Schedule; and
(b) If applicable, any other charges pursuant to Section 4 of this Rate
Schedule.
7. WAIVER
Transporter may waive any rights hereunder or any obligations of Shipper
hereunder on a basis that is not unduly discriminatory; provided that no waiver
shall operate or be construed as a waiver of other or future rights or
obligations, whether of a like or different character.
8. GENERAL TERMS AND CONDITIONS
8.1 Shipper shall provide Transporter with such information as is needed
to meet the requirements placed on Transporter by regulation, rule,
and/or order by any duly authorized agency. Furthermore, any terms
or conditions not specified in this Rate Schedule shall be determined
consistent with the General Terms and Conditions of Transporter's
Tariff, which are incorporated into this Rate Schedule.
8.2 In the event of a conflict between the provisions of this Rate
Schedule and Transporter's General Terms and Conditions, the
provisions of Transporter's General Terms and Conditions shall
govern.
Sheet Index Table
CP99-211-001
Original Sheet No. 16 : Effective
GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
Section Sheet
No. Number
1. Definition of Terms. . . . . . . . . . . . . . . . . . . . . . 18
2. Quality. . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3. Measurement. . . . . . . . . . . . . . . . . . . . . . . . . . 22
4. Measurement Equipment. . . . . . . . . . . . . . . . . . . . . 24
5. Qualification for Service. . . . . . . . . . . . . . . . . . . 28
6. Credit Requirements. . . . . . . . . . . . . . . . . . . . . . 31
7. Termination of Agreements. . . . . . . . . . . . . . . . . . . 32
8. Operational Flow Orders. . . . . . . . . . . . . . . . . . . . 34
9. Scheduling of Receipts and Deliveries. . . . . . . . . . . . . 36
10. Invoicing and Payment. . . . . . . . . . . . . . . . . . . . . 51
11. Temporary Release or Permanent Assignment of Rights
to Firm Transportation Service . . . . . . . . . . . . . . . . 54
12. Possession of Gas. . . . . . . . . . . . . . . . . . . . . . . 63
13. Pressures and Availability of Delivery Points. . . . . . . . . 63
14. Warranty of Title to Gas . . . . . . . . . . . . . . . . . . . 64
15. Excuse of Performance and Remedies . . . . . . . . . . . . . . 65
16. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
17. Modification . . . . . . . . . . . . . . . . . . . . . . . . . 68
18. Non Waiver and Future Default. . . . . . . . . . . . . . . . . 68
19. Applicable Regulations . . . . . . . . . . . . . . . . . . . . 68
20. Operating Information and Estimates. . . . . . . . . . . . . . 68
21. Code Compliance. . . . . . . . . . . . . . . . . . . . . . . . 69
Sheet Index Table
RP02-443-000
First Revised Sheet No. 17 : Effective
Superseding: Original Sheet No. 17
GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
Section Sheet
No. Number
22. Information and Communications Regarding Transportation
Services . . . . . . . . . . . . . . . . . . . . . . . . 69
23. Construction of Facilities. . . . . . . . . . . . . . . . . . 70
24. Incorporation in Rate Schedules and Service Agreements. . . . 70
25. Disposition of Excess Gas . . . . . . . . . . . . . . . . . . 71
26. Discounting Policy. . . . . . . . . . . . . . . . . . . . . . 71
27. North American Energy Standards Board ("NAESB") Standards . . 71
Sheet Index Table
CP99-211-001
Original Sheet No. 17 : Superseded
GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
Section Sheet
No. Number
22. Information and Communications Regarding Transportation
Services . . . . . . . . . . . . . . . . . . . . . . . . 69
23. Construction of Facilities. . . . . . . . . . . . . . . . . . 70
24. Incorporation in Rate Schedules and Service Agreements. . . . 70
25. Disposition of Excess Gas . . . . . . . . . . . . . . . . . . 71
26. Discounting Policy. . . . . . . . . . . . . . . . . . . . . . 71
27. Gas Industry Standards Board ("GISB") Standards . . . . . . . 71
Sheet Index Table
RP05-412-000
First Revised Sheet No. 18 : Effective
Superseding: Original Sheet No. 18
GENERAL TERMS AND CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this Tariff and in any service agreement
shall be construed to have the following meanings:
1.1 The term "Bidder" shall mean any person that submits a bid for
released transportation capacity pursuant to the terms of Section 11
of Transporter's General Terms and Conditions.
1.2 The term "British thermal unit" or "Btu" shall mean the amount of
heat required to raise the temperature of one pound of water one
degree Fahrenheit at a standard pressure of 14.73 dry psia at 60
degrees Fahrenheit (101.325 kPa and 15 degrees C, and dry). (The
reporting basis for gigacalorie is 1.035646 Kg/cm and 15.6 degrees C
and dry.)
1.3 The term "Business Day" shall mean Monday through Friday, excluding
Federal Banking Holidays for transactions in the U.S., and similar
holidays for transactions occurring in Canada and Mexico.
1.4 The term "Central Clock Time" and "CCT" shall mean Central Daylight
Time when daylight savings time is in effect and Central Standard
Time when daylight savings time is not in effect.
1.5 The term "Confirmation" shall mean a communication that reflects the
quantity of gas to be received or delivered on behalf of each Shipper
at a receipt or delivery point.
1.6 The term "cubic foot" shall mean the volume of gas that occupies one
cubic foot when such gas is at a temperature of 60 degrees
Fahrenheit, and at a pressure of 0.33 pounds per square inch above an
assumed atmospheric pressure of 14.4 pounds per square inch (14.73
pounds per square inch absolute (psia)) and dry. For gas volumes
reported in cubic meters, the standard conditions are 101.325 kPa, 15
degrees C, and dry.
1.7 The term "Daily Limit" shall mean the quantity specified in an
Operational Flow Order at a receipt or delivery point.
1.7a Daily Allocation: the term used to describe the process where the
allocating party performs the allocation process following each gas
day. NAESB Definition 2.2.5.
Sheet Index Table
CP99-211-001
Original Sheet No. 18 : Superseded
GENERAL TERMS AND CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this Tariff and in any service agreement shall
be construed to have the following meanings:
1.1 The term "Bidder" shall mean any person that submits a bid for
released transportation capacity pursuant to the terms of Section 11
of Transporter's General Terms and Conditions.
1.2 The term "British thermal unit" or "Btu" shall mean the amount of
heat required to raise the temperature of one pound of water one
degree Fahrenheit at a standard pressure of 14.73 dry psia at 60
degrees Fahrenheit (101.325 kPa and 15 degrees C, and dry). (The
reporting basis for gigacalorie is 1.035646 Kg/cm and 15.6 degrees C
and dry.)
1.3 The term "Business Day" shall mean Monday through Friday, excluding
Federal Banking Holidays for transactions in the U.S., and similar
holidays for transactions occurring in Canada and Mexico.
1.4 The term "Central Clock Time" and "CCT" shall mean Central Daylight
Time when daylight savings time is in effect and Central Standard
Time when daylight savings time is not in effect.
1.5 The term "Confirmation" shall mean a communication that reflects the
quantity of gas to be received or delivered on behalf of each Shipper
at a receipt or delivery point.
1.6 The term "cubic foot" shall mean the volume of gas that occupies one
cubic foot when such gas is at a temperature of 60 degrees
Fahrenheit, and at a pressure of 0.33 pounds per square inch above an
assumed atmospheric pressure of 14.4 pounds per square inch (14.73
pounds per square inch absolute (psia)) and dry. For gas volumes
reported in cubic meters, the standard conditions are 101.325 kPa, 15
degrees C, and dry.
1.7 The term "Daily Limit" shall mean the quantity specified in an
Operational Flow Order at a receipt or delivery point.
Sheet Index Table
RP05-412-000
Third Revised Sheet No. 19 : Effective
Superseding: Second Revised Sheet No. 19
GENERAL TERMS AND CONDITIONS
1.8 The term "day" and "Gas Day" shall mean a period of 24 consecutive
hours, beginning and ending at 9:00 A.M. Central Clock Time.
1.9 The term "dekatherm" or "dth" shall mean the quantity of heat energy
that is 1,000,000 Btu's. The standard quantity for nominations,
confirmation and scheduling is dekatherms per Gas Day in the United
States.
1.10 The term "Delivering Pipeline" shall mean East Tennessee Natural Gas
Company or any other pipeline that interconnects with and delivers
into Transporter.
1.11 The term "Elapsed Prorata Capacity" shall mean the portion of the
released capacity that would have theoretically been available for
use prior to the effective time of the intraday recall based upon a
cumulative uniform hourly use of the capacity.
1.12 The term "load factor" for any given period of time shall mean the
percentage obtained by dividing the amount of the average dth
delivery of gas during said period by the Transportation Quantity
during said period.
1.13 The term "Maximum Daily Quantity," or "MDQ" where used herein or in a
gas service agreement shall mean the maximum daily quantity of
natural gas that Transporter shall be obligated to deliver under a
firm transportation agreement at a particular delivery point each
billing day or the maximum daily quantity of gas that Transporter
shall be obligated to receive at a particular receipt point each
billing day.
1.14 The term "Maximum Interruptible Quantity" or "MIQ" shall mean the
maximum daily quantity that a shipper may nominate under its IT
Agreement.
1.15 The term "Mcf" shall mean 1,000 cubic feet of gas.
1.16 The term "month" shall mean the period beginning at 9:00 A.M. CCT on
the first day of the calendar month and ending at 9:00 A.M. CCT on
the first day of the next succeeding calendar month.
1.16a Monthly Allocation: term used to describe the process where the
allocating party performs the allocation process at the end of the
monthly flow period. NAESB Definition 2.2.4.
1.17 The term "netting" shall mean the process of resolving imbalances for
a service requester within an Operational Impact Area. There are two
types of netting: (1) summing is the accumulation of all imbalances
above any applicable tolerances for a service requester or agent;
(2) offsetting is the combination of positive or negative imbalances
above any applicable tolerances for a service requester or agent.
Sheet Index Table
RP03-369-000
Second Revised Sheet No. 19 : Superseded
Superseding: First Revised Sheet No. 19
GENERAL TERMS AND CONDITIONS
1.8 The term "day" and "Gas Day" shall mean a period of 24 consecutive
hours, beginning and ending at 9:00 A.M. Central Clock Time.
1.9 The term "dekatherm" or "dth" shall mean the quantity of heat energy
that is 1,000,000 Btu's. The standard quantity for nominations,
confirmation and scheduling is dekatherms per Gas Day in the United
States.
1.10 The term "Delivering Pipeline" shall mean East Tennessee Natural Gas
Company or any other pipeline that interconnects with and delivers
into Transporter.
1.11 The term "Elapsed Prorata Capacity" shall mean the portion of the
released capacity that would have theoretically been available for use
prior to the effective time of the intraday recall based upon a
cumulative uniform hourly use of the capacity.
1.12 The term "load factor" for any given period of time shall mean the
percentage obtained by dividing the amount of the average dth
delivery of gas during said period by the Transportation Quantity
during said period.
1.13 The term "Maximum Daily Quantity," or "MDQ" where used herein or in a
gas service agreement shall mean the maximum daily quantity of
natural gas that Transporter shall be obligated to deliver under a
firm transportation agreement at a particular delivery point each
billing day or the maximum daily quantity of gas that Transporter
shall be obligated to receive at a particular receipt point each
billing day.
1.14 The term "Maximum Interruptible Quantity" or "MIQ" shall mean the
maximum daily quantity that a shipper may nominate under its IT
Agreement.
1.15 The term "Mcf" shall mean 1,000 cubic feet of gas.
1.16 The term "month" shall mean the period beginning at 9:00 A.M. CCT on
the first day of the calendar month and ending at 9:00 A.M. CCT on
the first day of the next succeeding calendar month.
1.17 The term "netting" shall mean the process of resolving imbalances for
a service requester within an Operational Impact Area. There are two
types of netting: (1) summing is the accumulation of all imbalances
above any applicable tolerances for a service requester or agent;
(2) offsetting is the combination of positive or negative imbalances
above any applicable tolerances for a service requester or agent.
Sheet Index Table
RP02-443-000
First Revised Sheet No. 19 : Superseded
Superseding: Original Sheet No. 19
GENERAL TERMS AND CONDITIONS
1.8 The term "day" and "Gas Day" shall mean a period of 24 consecutive
hours, beginning and ending at 9:00 A.M. Central Clock Time.
1.9 The term "dekatherm" or "dth" shall mean the quantity of heat energy
that is 1,000,000 Btu's. The standard quantity for nominations,
confirmation and scheduling is dekatherms per Gas Day in the United
States.
1.10 The term "Delivering Pipeline" shall mean East Tennessee Natural Gas
Company or any other pipeline that interconnects with and delivers
into Transporter.
1.11 The term "load factor" for any given period of time shall mean the
percentage obtained by dividing the amount of the average dth
delivery of gas during said period by the Transportation Quantity
during said period.
1.12 The term "Maximum Daily Quantity," or "MDQ" where used herein or in a
gas service agreement shall mean the maximum daily quantity of
natural gas that Transporter shall be obligated to deliver under a
firm transportation agreement at a particular delivery point each
billing day or the maximum daily quantity of gas that Transporter
shall be obligated to receive at a particular receipt point each
billing day.
1.13 The term "Maximum Interruptible Quantity" or "MIQ" shall mean the
maximum daily quantity that a shipper may nominate under its IT
Agreement.
1.14 The term "Mcf" shall mean 1,000 cubic feet of gas.
1.15 The term "month" shall mean the period beginning at 9:00 A.M. CCT on
the first day of the calendar month and ending at 9:00 A.M. CCT on
the first day of the next succeeding calendar month.
1.16 The term "netting" shall mean the process of resolving imbalances for
a service requester within an Operational Impact Area. There are two
types of netting: (1) summing is the accumulation of all imbalances
above any applicable tolerances for a service requester or agent;
(2) offsetting is the combination of positive or negative imbalances
above any applicable tolerances for a service requester or agent.
Sheet Index Table
CP99-211-001
Original Sheet No. 19 : Superseded
GENERAL TERMS AND CONDITIONS
1.8 The term "day" and "Gas Day" shall mean a period of 24 consecutive
hours, beginning and ending at 9:00 A.M. Central Clock Time.
1.9 The term "dekatherm" or "dth" shall mean the quantity of heat energy
that is 1,000,000 Btu's. The standard quantity for nominations,
confirmation and scheduling is dekatherms per Gas Day in the United
States.
1.10 The term "Delivering Pipeline" shall mean East Tennessee Natural Gas
Company or any other pipeline that interconnects with and delivers
into Transporter.
1.11 The term "load factor" for any given period of time shall mean the
percentage obtained by dividing the amount of the average dth
delivery of gas during said period by the Transportation Quantity
during said period.
1.12 The term "Maximum Daily Quantity," or "MDQ" where used herein or in a
gas service agreement shall mean the maximum daily quantity of
natural gas that Transporter shall be obligated to deliver under a
firm transportation agreement at a particular delivery point each
billing day or the maximum daily quantity of gas that Transporter
shall be obligated to receive at a particular receipt point each
billing day.
1.13 The term "Maximum Interruptible Quantity" or "MIQ" shall mean the
maximum daily quantity that a shipper may nominate under its IT
Agreement.
1.14 The term "Mcf" shall mean 1,000 cubic feet of gas.
1.15 The term "month" shall mean the period beginning at 9:00 A.M. CCT on
the first day of the calendar month and ending at 9:00 A.M. CCT on
the first day of the next succeeding calendar month.
Sheet Index Table
RP03-369-000
Second Revised Sheet No. 20 : Effective
Superseding: First Revised Sheet No. 20
GENERAL TERMS AND CONDITIONS
1.18 The term "Operational Flow Order(s)" or "OFO" shall mean an order
issued to alleviate conditions, inter alia, which threaten or could
threaten the safe operations or system integrity, of the
Transporter's system or to maintain operations required to provide
efficient and reliable firm service. any actions required of any
Shipper or Shippers, in Transporter's opinion and in accordance with
Section 8 of Transporter's General Terms and Conditions, in order to
ensure deliveries of gas to all firm Shippers in accordance with
their Scheduled Quantities or as required to maintain system
integrity or when the Delivering Pipeline calls an OFO. Whenever the
Transporter experiences these conditions, any pertinent order should
be referred to as an Operational Flow Order.
1.19 The term "Operational Impact Area" shall mean Transporter's
designation of the largest possible area(s) on its system in which
imbalances have a similar operational effect.
1.20 The term "Receiving Pipeline" shall mean the pipeline or other entity
that is interconnected with Transporter and physically receives gas
delivered by Transporter either for its own account or that of
others.
1.21 The term "Release Quantity" shall mean the maximum quantity that a
Shipper releases under Section 11 of Transporter's General Terms and
Conditions, whether for temporary or permanent assignment. The
Release Quantity shall be stated in dth per day.
1.22 The term "Releasing Shipper" shall mean any shipper that releases
capacity pursuant to the provisions of Section 11 of Transporter's
General Terms and Conditions.
1.23 The term "Replacement Shipper" shall mean any shipper that purchases
temporarily or permanently released capacity pursuant to Section 11
of Transporter's General Terms and Conditions.
1.24 The term "Scheduled Quantity" shall mean the quantity of natural gas
that Shipper nominates for receipt at a receipt point or the quantity
that Transporter redelivers to Shipper at a delivery point, and that
Transporter schedules for receipt and/or delivery.
1.25 The term "Shipper" shall mean any party receiving service pursuant to
any of Transporter's Rate Schedules or agreements.
1.26 The term "Shipper's Facilities" shall mean all Shipper's pipes,
pipelines, and equipment used for physically handling, transporting,
and distributing natural gas to be transported by Transporter.
Sheet Index Table
RP02-443-000
First Revised Sheet No. 20 : Superseded
Superseding: Original Sheet No. 20
GENERAL TERMS AND CONDITIONS
1.17 The term "Operational Flow Order(s)" or "OFO" shall mean an order
issued to alleviate conditions, inter alia, which threaten or could
threaten the safe operations or system integrity, of the
Transporter's system or to maintain operations required to provide
efficient and reliable firm service. any actions required of any
Shipper or Shippers, in Transporter's opinion and in accordance with
Section 8 of Transporter's General Terms and Conditions, in order to
ensure deliveries of gas to all firm Shippers in accordance with
their Scheduled Quantities or as required to maintain system
integrity or when the Delivering Pipeline calls an OFO. Whenever the
Transporter experiences these conditions, any pertinent order should
be referred to as an Operational Flow Order.
1.18 The term "Operational Impact Area" shall mean Transporter's
designation of the largest possible area(s) on its system in which
imbalances have a similar operational effect.
1.19 The term "Receiving Pipeline" shall mean the pipeline or other entity
that is interconnected with Transporter and physically receives gas
delivered by Transporter either for its own account or that of
others.
1.20 The term "Release Quantity" shall mean the maximum quantity that a
Shipper releases under Section 11 of Transporter's General Terms and
Conditions, whether for temporary or permanent assignment. The
Release Quantity shall be stated in dth per day.
1.21 The term "Releasing Shipper" shall mean any shipper that releases
capacity pursuant to the provisions of Section 11 of Transporter's
General Terms and Conditions.
1.22 The term "Replacement Shipper" shall mean any shipper that purchases
temporarily or permanently released capacity pursuant to Section 11
of Transporter's General Terms and Conditions.
1.23 The term "Scheduled Quantity" shall mean the quantity of natural gas
that Shipper nominates for receipt at a receipt point or the quantity
that Transporter redelivers to Shipper at a delivery point, and that
Transporter schedules for receipt and/or delivery.
1.24 The term "Shipper" shall mean any party receiving service pursuant to
any of Transporter's Rate Schedules or agreements.
1.25 The term "Shipper's Facilities" shall mean all Shipper's pipes,
pipelines, and equipment used for physically handling, transporting,
and distributing natural gas to be transported by Transporter.
Sheet Index Table
CP99-211-001
Original Sheet No. 20 : Superseded
GENERAL TERMS AND CONDITIONS
1.16 The term "Operational Flow Order(s)" or "OFO" shall mean an order
issued to alleviate conditions, inter alia, which threaten or could
threaten the safe operations or system integrity, of the
Transporter's system or to maintain operations required to provide
efficient and reliable firm service. any actions required of any
Shipper or Shippers, in Transporter's opinion and in accordance with
Section 8 of Transporter's General Terms and Conditions, in order to
ensure deliveries of gas to all firm Shippers in accordance with
their Scheduled Quantities or as required to maintain system
integrity or when the Delivering Pipeline calls an OFO. Whenever the
Transporter experiences these conditions, any pertinent order should
be referred to as an Operational Flow Order.
1.17 The term "Receiving Pipeline" shall mean the pipeline or other entity
that is interconnected with Transporter and physically receives gas
delivered by Transporter either for its own account or that of
others.
1.18 The term "Release Quantity" shall mean the maximum quantity that a
Shipper releases under Section 11 of Transporter's General Terms and
Conditions, whether for temporary or permanent assignment. The
Release Quantity shall be stated in dth per day.
1.19 The term "Releasing Shipper" shall mean any shipper that releases
capacity pursuant to the provisions of Section 11 of Transporter's
General Terms and Conditions.
1.20 The term "Replacement Shipper" shall mean any shipper that purchases
temporarily or permanently released capacity pursuant to Section 11
of Transporter's General Terms and Conditions.
1.21 The term "Scheduled Quantity" shall mean the quantity of natural gas
that Shipper nominates for receipt at a receipt point or the quantity
that Transporter redelivers to Shipper at a delivery point, and that
Transporter schedules for receipt and/or delivery.
1.22 The term "Shipper" shall mean any party receiving service pursuant to
any of Transporter's Rate Schedules or agreements.
1.23 The term "Shipper's Facilities" shall mean all Shipper's pipes,
pipelines, and equipment used for physically handling, transporting,
and distributing natural gas to be transported by Transporter.
Sheet Index Table
RP03-369-000
Second Revised Sheet No. 21 : Effective
Superseding: First Revised Sheet No. 21
GENERAL TERMS AND CONDITIONS
1.27 The term "title," if not otherwise addressed in the Transporter's
contract or tariff, is the term used to identify the ownership of gas.
1.28 The term "total heating value", when applied to a cubic foot of gas,
shall mean the number of Btu's produced by the complete combustion
with air at constant pressure of one anhydrous (dry) cubic foot of
gas under a pressure of 14.73 psia and a temperature of 60 degrees
Fahrenheit and when the products of combustion are cooled to the
initial temperature of the gas and air and the water formed by
combustion is condensed to the liquid state.
1.29 The term "Transportation Quantity" shall mean the volume of natural
gas specified in Shipper's firm transportation agreement that
Transporter obligates itself to be ready to schedule, receive and
deliver (adjusted for Retainage, if any) each day on behalf of
Shipper. Unless otherwise agreed, the Transportation Quantity shall
equal the MDQ.
1.30 The term "Transporter" shall mean USG Pipeline Company.
1.31 The term "year" shall mean a period of 365 consecutive days beginning
on the date natural gas is first delivered or is to be delivered
under the gas transportation or other service contract, whichever is
earlier, or on any anniversary thereof; provided, however, that any
such year that contains a date of February 29 shall consist of 366
consecutive days.
Sheet Index Table
RP02-443-000
First Revised Sheet No. 21 : Superseded
Superseding: Original Sheet No. 21
GENERAL TERMS AND CONDITIONS
1.26 The term "title," if not otherwise addressed in the Transporter's
contract or tariff, is the term used to identify the ownership of
gas.
1.27 The term "total heating value", when applied to a cubic foot of gas,
shall mean the number of Btu's produced by the complete combustion
with air at constant pressure of one anhydrous (dry) cubic foot of
gas under a pressure of 14.73 psia and a temperature of 60 degrees
Fahrenheit and when the products of combustion are cooled to the
initial temperature of the gas and air and the water formed by
combustion is condensed to the liquid state.
1.28 The term "Transportation Quantity" shall mean the volume of natural
gas specified in Shipper's firm transportation agreement that
Transporter obligates itself to be ready to schedule, receive and
deliver (adjusted for Retainage, if any) each day on behalf of
Shipper. Unless otherwise agreed, the Transportation Quantity shall
equal the MDQ.
1.29 The term "Transporter" shall mean USG Pipeline Company.
1.30 The term "year" shall mean a period of 365 consecutive days
beginning on the date natural gas is first delivered or is to be
delivered under the gas transportation or other service contract,
whichever is earlier, or on any anniversary thereof; provided,
however, that any such year that contains a date of February 29
shall consist of 366 consecutive days.
Sheet Index Table
CP99-211-001
Original Sheet No. 21 : Superseded
GENERAL TERMS AND CONDITIONS
1.24 The term "total heating value", when applied to a cubic foot of gas,
shall mean the number of Btu's produced by the complete combustion
with air at constant pressure of one anhydrous (dry) cubic foot of
gas under a pressure of 14.73 psia and a temperature of 60 degrees
Fahrenheit and when the products of combustion are cooled to the
initial temperature of the gas and air and the water formed by
combustion is condensed to the liquid state.
1.25 The term "Transportation Quantity" shall mean the volume of natural
gas specified in Shipper's firm transportation agreement that
Transporter obligates itself to be ready to schedule, receive and
deliver (adjusted for Retainage, if any) each day on behalf of
Shipper. Unless otherwise agreed, the Transportation Quantity shall
equal the MDQ.
1.26 The term "Transporter" shall mean USG Pipeline Company.
1.27 The term "year" shall mean a period of 365 consecutive days beginning
on the date natural gas is first delivered or is to be delivered
under the gas transportation or other service contract, whichever is
earlier, or on any anniversary thereof; provided, however, that any
such year that contains a date of February 29 shall consist of 366
consecutive days.
Sheet Index Table
CP99-211-001
Original Sheet No. 22 : Effective
GENERAL TERMS AND CONDITIONS
2. QUALITY
Shipper is obligated to deliver to Transporter gas meeting the quality
specifications in the Delivering Pipeline's tariff.
3. MEASUREMENT
3.1 Unit of Measurement: The transportation unit of gas received and
delivered by Transporter shall be a dekatherm, unless otherwise
indicated in this tariff.
3.2 Determination of Volume and Total Heating Value: The volume and the
total heating value of gas received and delivered by Transporter
shall be determined as follows, provided that Transporter shall have
the right, at any time, to rely on the Delivering Pipeline's
measurements and statements for quantities and heating values of gas
received by Transporter.
(a) The unit of volume, for the purpose of measurement, shall be
one (1) cubic foot of gas at a temperature of sixty degrees
(60o) Fahrenheit, and at a pressure of thirty-three hundredths
(.33) pounds per square inch above an assumed atmospheric
pressure of fourteen and four tenths (14.4) pounds per square
inch (fourteen and seventy-three hundredths (14.73) pounds per
square inch absolute pressure) and dry. For gas volumes
reported in cubic meters, the standard conditions are 101.325
kPa, 15 degrees C, and dry.
(b) The total heating value of the gas per cubic foot shall be as
determined by the Delivering Pipeline.
Sheet Index Table
CP99-211-001
Original Sheet No. 23 : Effective
GENERAL TERMS AND CONDITIONS
(c) Dekatherms delivered shall be determined by multiplying the Mcf
delivered by the ratio of the total heating value of the gas
delivered to 1,000. For purposes of this determination the
specific gravity and heating value shall be determined at
approximately the same time.
(d) The temperature of the gas passing through the meters shall be
determined by a temperature transducer, other electronic
temperature recording device, a recording thermometer, or any
other method mutually agreed upon, so installed that it may
properly record the temperature of the gas flowing through the
meters.
(e) The specific gravity of the gas delivered by Transporter shall
be as determined by the Delivering Pipeline.
(f) The deviation of the natural gas from Boyle's Law shall be
determined by American Gas Association Par Research Project
NX-19 or any superseding applicable publications by the
American Gas Association.
(g) The closing of measurement shall be the later of the fifth
(5th) Business Day after the close of the month or the third
Business Day after receiving a statement from the Delivering
Pipeline stating the quantities delivered to Transporter.
Sheet Index Table
CP99-211-001
Original Sheet No. 24 : Effective
GENERAL TERMS AND CONDITIONS
4. MEASUREMENT EQUIPMENT
4.1 Measuring Station: With respect to gas received or delivered under a
Transportation Agreement, unless otherwise mutually agreed upon, all
necessary measuring facilities shall be installed, owned, maintained
and operated by Transporter or Transporter's designee near the
Receipt Point(s) and Delivery Point(s).
(a) Orifice Meters: Orifice meters, if used, shall be installed,
and gas quantities computed, in accord with American National
Standard Bulletin ANSI/API 2530, AGA Report No. 3, Orifice
Metering of Natural Gas, dated May 16, 1985, and any
modification and amendments thereof, and shall include the use
of flange connections and straightening vanes.
(b) Diaphragm, Rotary or Turbine Meters: Diaphragm or Rotary
meters, if used, shall be installed and gas quantities
computed, in accordance with generally accepted industry
practices. Turbine meters shall be installed in accordance
with AGA Report No. 7 (latest edition) with quantities computed
in accordance with generally accepted Industry practices.
(c) Electronic Flow Computers: The use of electronic or other
types of flow computers is required, unless otherwise mutually
agreeable, and such shall be installed, and quantities
calculated, in accord with generally accepted industry
practices.
(d) New Measurement Techniques: If, at any time, a new method or
technique is developed with respect to gas measurement or the
determination of the factors used in such gas measurement, such
new method or technique may be substituted upon mutual
agreement thereto by the parties.
Sheet Index Table
CP99-211-001
Original Sheet No. 25 : Effective
GENERAL TERMS AND CONDITIONS
4.2 Right to be present: Transporter and Shipper shall have the right to
have representatives present at the time of any installing, reading,
cleaning, changing, repairing, inspecting, testing, calibrating or
adjusting done in connection with the other's measuring equipment
used in measuring or checking the measurement of deliveries of gas
under the transportation contract. The records from such measuring
equipment shall remain the property of their owner, but, upon
request, each will submit to the other its records and charts,
together with calculations therefrom, for inspection and
verification, subject to return within ten days after receipt
thereof.
4.3 Care required: All installations of measuring equipment applying to
or affecting deliveries of gas shall be made in such manner as to
permit an accurate determination of the quantity of gas delivered and
ready verification of the accuracy of measurement. Care shall be
exercised by both parties in the installation, maintenance and
operation of pressure-regulating equipment so as to prevent any
inaccuracy in the determination of the quantity of gas delivered
under the transportation contract.
Sheet Index Table
CP99-211-001
Original Sheet No. 26 : Effective
GENERAL TERMS AND CONDITIONS
4.4 Calibration and test of meters: The accuracy of Transporter's or
Shipper's measuring equipment shall be verified at reasonable
intervals and, if requested, in the presence of representatives of
the other party, but neither party shall be required to verify the
accuracy of such equipment more frequently than once in any
thirty-day period. In the event either party shall notify the other
that it desires a special test of any measuring equipment, the
parties shall cooperate to secure a prompt verification of the
accuracy of such equipment. The expense of any such special test, if
called for, shall be borne by the requesting party if the measuring
equipment tested is found to be in error not more than two percent
(2%).
If, upon test, any measuring equipment is found to be in error by not
more than two percent (2%), previous recordings of such equipment
shall be considered accurate in computing deliveries of gas, but such
equipment shall be adjusted at once to record accurately.
If, upon test, any measuring equipment shall be found to be
inaccurate by an amount exceeding two percent (2%), at a recording
corresponding to the average hourly rate of flow for the period since
the last preceding test, then any previous recordings of such
equipment shall be corrected to zero error for any period that is
known definitely, but in case the period is not known or agreed upon,
such correction shall be for a period extending over one-half of the
time elapsed since the date of last test, not exceeding a correction
period of sixteen days.
If Transporter elects to rely on the Delivering Pipeline's
measurements of quantities or heat values for gas transported in
Transporter's system, then Transporter or Shipper may request
verification of measuring equipment by the Delivering Pipeline.
Shipper shall coordinate with Transporter any requests made by
Shipper to the Delivering Pipeline and Transporter shall have a right
to be notified of and attend any tests made by the Delivering
Pipeline of equipment that measures deliveries to Transporter.
Sheet Index Table
CP99-211-001
Original Sheet No. 27 : Effective
GENERAL TERMS AND CONDITIONS
4.5 Correction of metering errors - failure of meters: In the event a
meter is out of service or registering inaccurately, the volume of
gas delivered shall be determined:
(a) by using the registration of any check meter or meters, if
installed and accurately registering; or, in the absence of
(a);
(b) by correcting the error if the percentage of error is
ascertainable by calibration, tests, or mathematical
calculation; or, in the absence of both (a) and (b), then;
(c) by estimating the quantity of delivery by deliveries during
periods under similar conditions when the meter was registering
accurately.
4.6 Correction of metering errors - adjustments: A measurement data
correction shall become a prior period adjustment (PPA) after the
fifth (5th) business day following the delivery month. Measurement
data corrections shall be processed within six (6) months from the
delivery month, unless (i) Transporter and Shipper mutually agree
otherwise or (ii) the correction is the result of a deliberate
omission or misrepresentation by a Party or a mutual mistake of fact.
In all instances where a correction is made, Shipper or Transporter,
as applicable, has 90 days to dispute the correction. In the case of
corrections made under (i) or (ii) above, the period for resolving
corrections will be tolled until the correction is settled.
4.7 Preservation of metering records: Transporter and Shipper shall each
preserve for a period of at least one year all test data, charts and
other similar records.
Sheet Index Table
CP99-211-001
Original Sheet No. 28 : Effective
GENERAL TERMS AND CONDITIONS
5. QUALIFICATION FOR SERVICE
5.1 All Shippers requesting firm transportation service or interruptible
transportation service must provide the information required by this
Section 5 and on Transporter's Service Request Form, in order to
qualify for service. No request for service will be processed or
entered on Transporter's log until a completed Request Form has been
provided. A request for service shall be made no earlier than 90
days prior to the proposed commencement date of service and shall not
be accepted unless capacity necessary to render the service is
available; provided, however, if additional facilities on
Transporter's system are required, the request may be made at an
earlier date.
Any modification, in whole or in part, of an existing service shall
be requested by Shipper's submission of a new Service Request Form
with a notation on the form that the service requested is a
modification of an existing service. Transporter shall maintain a
log of all firm transportation requests. Any Shipper may request a
modification of all or part of any existing service by submitting a
service Request Form, provided that such modification shall not be
treated as a request for new service if the modification involves the
same point(s) of receipt and delivery, the same degree of firmness,
and no reduction in the rate to be paid by Shipper.
Sheet Index Table
CP99-211-001
Original Sheet No. 29 : Effective
GENERAL TERMS AND CONDITIONS
5.2 Any request shall include the information listed below. Shipper
shall provide any additional information required by Transporter to
process the request; provided, that the request for additional
information shall not affect the priority of Shipper's request.
(a) Gas Quantities: Shipper shall provide the appropriate quantity
information applicable to the type of service requested as
follows:
(i) for firm transportation, Shipper shall provide the
Transportation Quantity or Quantities stated in
dekatherms and the estimated total quantities to be
received and transported over the delivery period;
(ii) for interruptible transportation, Shipper shall provide
the Maximum Interruptible Quantity and the estimated
total quantities to be received and transported over the
delivery period.
(b) Receipt/Delivery Point: For firm transportation requests,
Shipper shall provide:
(i) the designated Primary Receipt Point(s) and Primary
Delivery Point(s); and
(ii) the Maximum Daily Quantity at each point; and
(iii) the name of the party delivering the gas to Transporter;
and
(iv) the name of the party to receive the gas from
Transporter.
(c) Term: The proposed commencement and termination dates of
service.
(d) Shipper Certification: For transportation requests, Shipper
shall provide a statement by the Shipper certifying that all
necessary upstream and downstream arrangements will be in place
on the date the service is to commence and that the Shipper
will have title or the right to acquire title to the gas to be
delivered to Transporter.
Sheet Index Table
CP99-211-001
Original Sheet No. 30 : Effective
GENERAL TERMS AND CONDITIONS
(e) Facilities: For any request, identification and location of
any facilities to be constructed or installed by any party
affected by the proposed service.
(f) Credit Evaluation: For any request, all credit information
required in Section 6 of the General Terms & Conditions of
Transporter's Tariff.
5.3 Prepayment: Shippers requesting service shall submit, with their
request for service, a check or wire transfer in an amount equal to
the lesser of $10,000 or the total estimated charges applicable to
the proposed service for a three month period. This amount shall be
credited to Shipper's bill for the first month of the requested
service. If the requested service is not available, Transporter
shall refund the entire amount of the prepayment within less any
applicable charges under Section 23.2, within thirty days of
notification by Transporter that service can not be provided. All
prepayments made to Transporter are to be sent by electronic transfer
to Transporter at an address to be furnished by Transporter.
5.4 If Transporter denies a request, the denial shall indicate the reason
therefore and the request shall be of a continuing nature for a
period of ninety (90) days but shall thereafter be deemed a nullity
for all present and future purposes.
5.5 Shipper and Transporter shall execute a service agreement, in the
form set forth in Transporter's Tariff, for the service requested
following Transporter's acceptance in writing of Shipper's request
for service and prior to commencement of service. In the event the
service agreement is not executed and returned by Shipper within
thirty (30) days after Transporter tendered the Agreement to Shipper,
Transporter shall consider the request for service invalid.
Sheet Index Table
CP99-211-001
Original Sheet No. 31 : Effective
GENERAL TERMS AND CONDITIONS
6. CREDIT REQUIREMENTS
6.1 Unless previously provided to Transporter in the prior three months,
a Shipper seeking service from Transporter under Rate Schedule FT or
IT must provide:
(a) a copy of Shipper's most recent audited financial statement or
a financial statement certified by the Chief Financial Officer
of the Shipper (which certificate shall state that such
financial statements fairly represent the financial condition
and the results of the operations of the Shipper for the period
indicated therein) prepared in accordance with generally
accepted accounting principles;
(b) a copy of Shipper's most recent twelve months audited financial
statement or Annual Report and, if applicable, 10-K form;
(c) a list of Shipper's affiliates, including parent and
subsidiaries, if applicable.
6.2 In the event Shipper cannot provide the information in Section 6.1
above, Shipper shall, if applicable, provide that information for its
parent company. Transporter shall not be required to perform or to
continue service under any Rate Schedule on behalf of any Shipper who
is or has become insolvent or who, at Transporter's request, fails
within a reasonable period to demonstrate credit worthiness,
provided, however, such Shipper may receive service under any Rate
Schedule if Shipper prepays for such service or furnishes good and
sufficient security, as determined by Transporter in its reasonable
discretion, in an amount equal to the cost of performing the service
requested by Shipper for a three month period or the duration of the
agreement, whichever is shorter. For purposes herein, the insolvency
of a Shipper shall be conclusively demonstrated by the filing by
Shipper or any parent entity thereof (hereinafter collectively
referred to as "the Shipper") of a voluntary petition in bankruptcy
or the entry of a decree or order by a court having jurisdiction in
the premises adjudging the Shipper bankrupt or insolvent, or
approving, as properly filed, a petition seeking reorganization,
arrangement, adjustment or composition of or in respect of the
Shipper under the Federal Bankruptcy Act or any other applicable
federal or state law, or appointing a receiver, liquidator, assignee,
trustee, sequestrator (or other similar official) of the Shipper or
of any substantial part of its property, or the ordering of the
winding-up or liquidation of its affairs.
Sheet Index Table
RP00-472-001
First Revised Sheet No. 32 : Effective
Superseding: Original Sheet No. 32
GENERAL TERMS AND CONDITIONS
7. TERMINATION OF AGREEMENTS
7.1 Termination of Long Term Firm Service Agreements. Any
Shipper with a Long Term (twelve or more consecutive
months) FT Service Agreement at the maximum applicable
tariff rate shall be eligible to exercise a right of
first refusal to continue to receive service pursuant to
the procedure outlined in this Section. If such an
eligible Shipper, pursuant to the terms of a Long Term FT
Service Agreement, elects to terminate its agreement or
exercise its right of first refusal thereunder, the firm
capacity under such agreement shall be made available in
accord with the following:
(a) If Shipper elects to terminate its service agreement
without invoking the right of first refusal, the
availability of the capacity will be posted on
Transporter's Internet website and will be awarded
on a first come/first served basis among requesting
Shippers.
(b) If Shipper desires to invoke its right of first
refusal, it must notify Transporter in writing at
least 180 days prior to the expiration of such
service agreement, or it will waive such rights. If
such notice is received by Transporter, the
following procedures will apply:
(1) Transporter shall post the capacity for bidding
on its Internet website at least 60 days prior
to the termination of the service agreement.
The capacity will remain posted on
Transporter's Internet website for a minimum of
10 days with such posting containing the
following information with respect to the
capacity:
(i) daily and other applicable quantity
limitations of capacity available;
(ii) primary receipt and delivery points;
(iii)maximum reservation charge as set
forth in the Summary of Rates and Charges
in Transporter's Tariff;
(iv) any applicable restrictions; and
(v) the last day of the Bidding Period.
Sheet Index Table
CP99-211-001
Original Sheet No. 32 : Superseded
GENERAL TERMS AND CONDITIONS
7. TERMINATION OF AGREEMENTS
7.1 Termination of Long Term Firm Service Agreements. If a Shipper,
pursuant to the terms of a Long Term (one year or longer) FT Service
Agreement, elects to terminate its agreement or exercise its right of
first refusal thereunder, the firm capacity under such agreement
shall be made available in accord with the following:
(a) If Shipper elects to terminate its service agreement without
invoking the right of first refusal, the availability of the
capacity will be posted on Transporter's Internet website and
will be awarded on a first come/first served basis for all
requesting Shippers.
(b) If Shipper desires to invoke its right of first refusal, it
must notify Transporter in writing at least 180 days prior to
the expiration of such service agreement, or it will waive such
rights. If such notice is received by Transporter, the
following procedures will apply:
(1) Transporter shall post the capacity for bidding on its
Internet website at least 60 days prior to the
termination of the service agreement. The capacity will
remain posted on Transporter's Internet website for a
minimum of 10 days with such posting containing the
following information with respect to the capacity:
(i) daily and other applicable quantity limitations of
capacity available;
(ii) primary receipt and delivery points;
(iii) maximum reservation charge as set forth in the
Summary of Rates and Charges in Transporter's
Tariff;
(iv) any applicable restrictions; and
(v) the last day of the Bidding Period.
Sheet Index Table
RP00-472-001
First Revised Sheet No. 33 : Effective
Superseding: Original Sheet No. 33
GENERAL TERMS AND CONDITIONS
(2) Bids shall be submitted to Transporter in
writing. Such bids shall be binding and signed
by an authorized representative of bidder.
Upon conclusion of the Bidding Period,
Transporter shall evaluate the bids in accord
with the present value formula set forth in
Section 11 for firm transportation service for
the evaluation of bids under Transporter's
capacity release mechanisms; provided that the
term used for purposes of the formula will be
the lesser of the term proposed by the Bidder
or five years and provided further that
Transporter shall have no obligation to accept
a bid for less than the filed maximum
reservation rate.
(3) Within seven (7) Business Days of the close of
the Bidding Period, Transporter shall notify
Shipper of the acceptable bid, if any, having
the highest present value to Transporter
("Highest Bid"). Shipper shall have five (5)
Business Days after receiving notice to notify
Transporter in writing as to whether it will
match the Highest Bid acceptable to
Transporter. Shipper's notification of its
election to match the Highest Bid is
contractually binding on Shipper. If the
Shipper elects to match the Highest Bid, then
it must execute a new service agreement that
contains the terms of that Bid, within five (5)
Business Days after such agreement is tendered
by Transporter; provided, however, that shipper
shall not be required to pay any rate higher
than the maximum applicable rate.
(4) If Transporter receives no acceptable bids on
the capacity, then Shipper may continue to
receive service at the maximum rate on a month-
to-month basis or such other rate and/or term
as Transporter and Shipper mutually agree. A
Shipper who continued service under such basis
shall retain its right of first refusal.
Sheet Index Table
CP99-211-001
Original Sheet No. 33 : Superseded
GENERAL TERMS AND CONDITIONS
(2) Bids shall be submitted to Transporter in writing. Such
bids shall be binding and signed by an authorized
representative of bidder. Upon conclusion of the Bidding
Period, Transporter shall evaluate the bids in accord
with the present value formula set forth in Section 11
for firm transportation service for the evaluation of
bids under Transporter's capacity release mechanisms;
provided that the term used for purposes of the formula
will be the lesser of the term proposed by the Bidder or
five years; and provided further that any bid rate higher
than the maximum applicable rate shall be deemed to be a
bid equal to the maximum applicable rate.
(3) Within seven (7) Business Days of the close of the
Bidding Period, Transporter shall notify Shipper of the
bid having the highest present value to Transporter
("Highest Bid"). Shipper shall have five (5) Business
Days after receiving notice to notify Transporter in
writing as to whether it will match the highest bid
acceptable to Transporter. Shipper's notification of its
election to match the highest bid is contractually
binding on Shipper. If the Shipper elects to match the
highest bid, then it must execute a new service agreement
that contains the terms of that Bid, within five (5)
Business Days after such agreement is tendered by
Transporter; provided, however, that shipper shall not be
required to pay any rate higher than the maximum
applicable rate.
(4) If Transporter receives no acceptable bids on the
capacity, then Shipper may continue to receive service at
the maximum rate on a month-to-month basis or such other
rate and/or term as Transporter and Shipper mutually
agree. A Shipper who continued service under such basis
shall retain its right of first refusal.
Sheet Index Table
RP01-385-000
First Revised Sheet No. 34 : Effective
Superseding: Original Sheet No. 34
GENERAL TERMS AND CONDITIONS
8. OPERATIONAL FLOW ORDERS
8.1 Circumstances Warranting Issuance: Transporter shall have the right
to issue Operational Flow Orders (OFO) as specified in this Section
that require actions by Shippers in order (1) to alleviate conditions
that threaten or could threaten the safe operations or system
integrity of Transporter's system, (2) to maintain pipeline
operations at the pressures required to provide efficient and
reliable firm transportation services, (3)to have adequate gas
supplies in the system to deliver on demand, (4) to maintain service
to all firm shippers and for all firm services, (5)to maintain the
system in balance for the foregoing purposes, and (6) at any time
Delivering Pipeline calls an OFO on its system. An OFO identical in
terms to that of the Delivering Pipeline shall be deemed to be issued
automatically by Transporter whenever the Delivering Pipeline issues
an OFO affecting deliveries to Transporter.
8.2 Applicability of OFO: To the extent practicable, based on
Transporter's good faith judgment concerning the situations requiring
remediation, an OFO will be directed (1) first to Shippers causing
the problem necessitating the OFO or transporting gas in the area of
the system in which there is an operational problem, and (2) second
to those Shippers transporting gas in the area of the system where
action is required to correct the problem necessitating the OFO.
8.3 Notice: All OFOs will be issued via telephone to be followed by a
facsimile to the affected Shipper or, if requested by Shipper, via
Internet e-mail to the affected Shipper's selected designee. The OFO
will set forth (1) the time and date of issuance, (2) the actions
Shipper/operator is required to take, (3) the time by which Shipper
must be in compliance with the OFO, (4) the anticipated duration of
the OFO, and (5) any other terms that Transporter may reasonably
require to ensure the effectiveness of the OFO. Each Shipper must
designate one or more persons, but not more than three persons, for
Transporter to contact on operating matters at any time, on a 24-hour
a day, 365-day a year basis. Such contact persons must have adequate
authority and expertise to deal with such operating matters. If
Transporter cannot contact any Shipper because that Shipper has
failed to designate a contact person or Shipper's contact person is
unavailable, Transporter shall not be responsible for any
consequences
that could have been prevented by communication. Transporter,
however,
will make reasonable continuing efforts to notify the affected
Shipper.
Notwithstanding the foregoing, notification by the Delivering
Pipeline of an OFO affecting Shippers that use Transporter's system
shall automatically be deemed to be an OFO on Transporter's system
without further notice by Transporter.
Sheet Index Table
CP99-211-001
Original Sheet No. 34 : Superseded
GENERAL TERMS AND CONDITIONS
8. OPERATIONAL FLOW ORDERS
8.1 Circumstances Warranting Issuance: Transporter shall have the right
to issue Operational Flow Orders (OFO) as specified in this Section
that require actions by Shippers in order (1) to alleviate conditions
that threaten or could threaten the safe operations or system
integrity of Transporter's system, (2) to maintain pipeline
operations at the pressures required to provide efficient and
reliable firm transportation services, (3)to have adequate gas
supplies in the system to deliver on demand, (4) to maintain service
to all firm shippers and for all firm services, (5)to maintain the
system in balance for the foregoing purposes, and (6) at any time
Delivering Pipeline calls an OFO on its system. An OFO identical in
terms to that of the Delivering Pipeline shall be deemed to be issued
automatically by Transporter whenever the Delivering Pipeline issues
an OFO affecting deliveries to Transporter.
8.2 Applicability of OFO: To the extent practicable, based on
Transporter's good faith judgment concerning the situations requiring
remediation, an OFO will be directed (1) first to Shippers causing
the problem necessitating the OFO or transporting gas in the area of
the system in which there is an operational problem, and (2) second
to those Shippers transporting gas in the area of the system where
action is required to correct the problem necessitating the OFO.
8.3 Notice: All OFOs will be issued via telephone to be followed by a
facsimile to the affected Shipper. The OFO will set forth (1) the
time and date of issuance, (2) the actions Shipper/operator is
required to take, (3) the time by which Shipper must be in compliance
with the OFO, (4) the anticipated duration of the OFO, and (5) any
other terms that Transporter may reasonably require to ensure the
effectiveness of the OFO. Each Shipper must designate one or more
persons, but not more than three persons, for Transporter to contact
on operating matters at any time, on a 24-hour a day, 365-day a year
basis. Such contact persons must have adequate authority and
expertise to deal with such operating matters. If Transporter cannot
contact any Shipper because that Shipper has failed to designate a
contact person or Shipper's contact person is unavailable,
Transporter shall not be responsible for any consequences that could
have been prevented by communication. Transporter, however, will
make reasonable continuing efforts to notify the affected Shipper.
Notwithstanding the foregoing, notification by the Delivering
Pipeline of an OFO affecting Shippers that use Transporter's system
shall automatically be deemed to be an OFO on Transporter's system
without further notice by Transporter.
Sheet Index Table
RP00-472-001
First Revised Sheet No. 35 : Effective
Superseding: Original Sheet No. 35
GENERAL TERMS AND CONDITIONS
8.4 Shipper Compliance: A Shipper must comply with an OFO within the
time period set forth therein unless the Shipper is able to
demonstrate that such compliance is prevented due to a force majeure
event as defined in Article 15 of Transporter's General Terms and
Conditions. Provided that the Shipper shall make a good faith effort
to comply with any such OFO, including seeking waivers of any
contractual limits with third parties or modifications of operating
conditions on third party systems. Shipper shall notify Transporter
immediately if it believes that it is excused from compliance with
the OFO for any of the above stated reasons, and shall provide
Transporter with documentation sufficient to support its basis for
non-compliance.
8.5 Penalties: If a Shipper fails to comply with an OFO, it shall be
subject to (1) a penalty of $10.00 per dth for any volume of gas by
which it deviated from the requirements of the OFO and (2) an
Unauthorized Overrun Charge of $25.00 per Dth for quantities taken
by Shipper in excess of its MDQ. A Shipper shall not incur any
charges or penalties if such charges or penalties would not have
been incurred but for Shipper's compliance with an OFO. A Shipper
shall not incur any penalties if the OFO was necessitated
exclusively by Transporter's negligence or willful misconduct.
Sheet Index Table
CP99-211-001
Original Sheet No. 35 : Superseded
GENERAL TERMS AND CONDITIONS
8.4 Shipper Compliance: A Shipper must comply with an OFO within the
time period set forth therein unless the Shipper is able to
demonstrate that such compliance is prevented due to a force majeure
event as defined in Article 15 of Transporter's General Terms and
Conditions. Provided that the Shipper shall make a good faith effort
to comply with any such OFO, including seeking waivers of any
contractual limits with third parties or modifications of operating
conditions on third party systems. Shipper shall notify Transporter
immediately if it believes that it is excused from compliance with
the OFO for any of the above stated reasons, and shall provide
Transporter with documentation sufficient to support its basis for
non-compliance.
8.5 Penalties: If a Shipper fails to comply with an OFO, it shall be
subject to (1) a penalty of $10.00 per dth for any volume of gas by
which it deviated from the requirements of the OFO and (2)an
Unauthorized Overrun Charge of $25.00 per Dth for quantities taken by
Shipper in excess of either its MDQ or the quantities authorized by
the OFO. A Shipper shall not incur any charges or penalties if such
charges or penalties would not have been incurred but for Shipper's
compliance with an OFO. A Shipper shall not incur any penalties if
the OFO was necessitated exclusively by Transporter's negligence or
willful misconduct.
Sheet Index Table
RP00-472-001
First Revised Sheet No. 36 : Effective
Superseding: Original Sheet No. 36
GENERAL TERMS AND CONDITIONS
8.6 Liability of Transporter: Transporter shall not be
liable for any costs incurred by any Shipper in complying
with an OFO. Transporter shall not be responsible for
any damages that result from any interruption in
Shipper's service that is a result of a Shipper's failure
to comply promptly and fully with an OFO, and the non-
complying Shipper shall indemnify Transporter against any
claims of responsibility.
8.7 Unilateral Action: In the event that (1) Shipper(s) does
not respond to an OFO, or (2) the actions taken
thereunder are insufficient to correct the system problem
for which the OFO was issued, or (3) there is
insufficient time to carry out the procedures with
respect to OFOs, Transporter may periodically take
unilateral action, including the curtailment of firm
service, to maintain the operational integrity of
Transporter's system (or any portion thereof). For
purposes of this section, the operational integrity of
Transporter's system shall encompass the integrity of the
physical system and the preservation of physical assets
and their performance, the overall operating performance
of the entire physical system as an entity (or any
portion thereof), and the maintenance (on a reliable and
operationally sound basis) of total system deliverability
and the quality of gas delivered.
8.8 Reporting: Within thirty (30) days after an OFO
terminates, Transporter shall prepare a report concerning
the factors causing the OFO to be imposed and,
subsequently, terminated. The report will be supplied to
affected shippers upon request.
9. SCHEDULING OF RECEIPTS AND DELIVERIES
9.1 Receipts and Deliveries: All Receipt and Delivery Points
must be covered by an OBA or an individual balancing
agreement with the Transporter.
Sheet Index Table
CP99-211-001
Original Sheet No. 36 : Superseded
GENERAL TERMS AND CONDITIONS
8.6 Liability of Transporter: Transporter shall not be liable for any
costs incurred by any Shipper in complying with an OFO. Transporter
shall not be responsible for any damages that result from any
interruption in Shipper's service that is a result of a Shipper's
failure to comply promptly and fully with an OFO, and the
non-complying Shipper shall indemnify Transporter against any claims
of responsibility.
8.7 Unilateral Action: In the event that (1) Shipper(s) does not respond
to an OFO, or (2) the actions taken thereunder are insufficient to
correct the system problem for which the OFO was issued, or (3) there
is insufficient time to carry out the procedures with respect to
OFOs, Transporter may periodically take unilateral action, including
the curtailment of firm service, to maintain the operational
integrity of Transporter's system (or any portion thereof). For
purposes of this section, the operational integrity of Transporter's
system shall encompass the integrity of the physical system and the
preservation of physical assets and their performance, the overall
operating performance of the entire physical system as an entity (or
any portion thereof), and the maintenance (on a reliable and
operationally sound basis) of total system deliverability and the
quality of gas delivered.
9. SCHEDULING OF RECEIPTS AND DELIVERIES
9.1 Receipts and Deliveries: All Receipt and Delivery Points must be
covered by an OBA or an individual balancing agreement with the
Transporter.
Sheet Index Table
CP99-211-001
Original Sheet No. 37 : Effective
GENERAL TERMS AND CONDITIONS
9.2 Scheduling and Allocation
(a) Scheduling on Transporter's system shall be accomplished by a
Shipper following the standard nominations timeline set forth
in Section 9.2(d) of these General Terms and Conditions. For
purposes of scheduling initial commencement of service, no
later than 11:30 A.M. (CCT) on the day prior to the beginning
of the day in which the transportation service is requested to
commence, Shipper will send Transporter complete customer
nomination information via facsimile or electronic means
specified by Transporter. Transporter will receive such
complete nomination information by no later than 11:45 A.M.
(CCT) on the day prior to the day service commences. The
upstream/downstream interconnected party will provide
Transporter, no later than 3:30 P.M. (CCT) on the day prior to
the commencement of the service, with final completed
confirmation that Shipper's nominated quantities will be
received and delivered.
Transporter or its designee shall notify Shipper if nominated
quantities are rejected and not deemed Scheduled despite
receipt of such information. With notice to Shippers,
Transporter may make arrangements with the Delivering Pipeline
or Receiving Pipeline to facilitate Shipper's ability to
Schedule on one or more systems without duplicative
communications or confirmations.
Sheet Index Table
CP99-211-001
Original Sheet No. 38 : Effective
GENERAL TERMS AND CONDITIONS
(b) Nomination notices by Shipper to Transporter shall be sent by
facsimile or electronic means specified by Transporter to:
USG Pipeline Company
125 South Franklin
Chicago, IL 60606
Attn: Energy Services Manager, Department #143-65
Telefax (312)606-4532
No transportation service will commence unless or until
(1)Transporter has received complete customer nomination
information including a specification of the volumes to flow;
(2) the Delivering Pipeline and Receiving Pipeline agree to
deliver and receive the nominated quantities and confirm such
agreement to Transporter's or its designee reasonable
satisfaction, including a specification of the quantities to
flow; and (3) Shipper has been advised by Transporter or its
designee that quantities have been scheduled pursuant to
Shipper's service agreement. In the event of a discrepancy
between the quantity nominated by a Shipper and the
corresponding quantity confirmed by the Delivering Pipeline and
Receiving Pipeline, Transporter shall schedule the lesser of
the two quantities. Commencement of service will occur at the
beginning of the Gas Day unless otherwise mutually agreed by
Shipper and Transporter. All submissions of nominations and
confirmations to Transporter shall be made according to the
timeline for nominations set forth in Section 11.2(d) of these
General Terms and Conditions.
(c