Dominion South Pipeline Co., LP

Original Volume No. 1

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Effective Date: 12/16/2005, Docket: CP05- 77-001, Status: Effective

Original Sheet No. 1026 Original Sheet No. 1026 : Effective

 

 

GENERAL TERMS AND CONDITIONS

CURTAILMENT AND INTERRUPTION

 

 

10.4 Reservation Charge Adjustment. Except as provided in GT&C Section 10.5, in the event

Pipeline fails to Deliver on any Gas Day at least 95 percent of the quantity of Gas

scheduled at Primary Delivery Points up to the MDTQ for any of the reasons set forth in

GT&C Section 10.1, the Reservation Charge shall be decreased by an amount equal to the

Reservation Charge on a 100 percent load factor basis multiplied by the lesser of the

quantity requested and not Delivered, or the MDTQ. The 100 percent load factor Reservation

Charge shall be adjusted on a proportionate basis in the case of an executed service

agreement containing a negotiated Reservation Charge. If, however, Pipeline and Customer

mutually agree, Pipeline may allow Customer to transport make-up Gas within an agreed-upon

period of time, in which event Pipeline shall be relieved of its obligation to provide a

Reservation Charge Adjustment.

 

10.5 Pipeline shall not be obligated to adjust the Reservation Charge pursuant to GT&C Section

10.4, when Pipeline's failure to Deliver at least 95 percent of the quantity of Gas

scheduled at Primary Delivery Points:

 

A. is the result of the conduct of Customer or the downstream operator of the facilities

at the Point of Delivery; or,

 

B. is the result of Pipeline having an Operational Flow Order in effect on such Gas Day;

or,

 

C. is the result of Pipeline performing repair or maintenance of its facilities in a time

required by the applicable regulatory authority; or,

 

D. occurs either (1) within ten days following a Force Majeure Event as contemplated by

GT&C Section 9 or (2) prior to the date Pipeline has or should have, in the exercise of

due diligence, overcome the Force Majeure Event, whichever occurs first.

 

10.6 Curtailment Compliance. Without regard to any other remedy provided by law or by the

provisions hereof, Pipeline shall be entitled to seek an order from the Commission or any

other appropriate court or governmental agency requiring compliance with curtailment or

interruption ordered by Pipeline in compliance with this Section 10 or any directive from

any governmental authority having jurisdiction in the premises.

 

10.7 Situation Reports and Notices:

 

A. Pipeline shall provide Customer with notice of curtailment or interruption pursuant to

this Section 10 using the procedures described in GT&C Section 18.1.D.2.

 

B. Customer shall have the responsibility to inform its suppliers, other transporters and

all others involved in the transaction, as to any curtailment or interruption.