American Midstream (AlaTenn), LLC

Fifth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-493-000, Status: Effective

Original Sheet No. 119 Original Sheet No. 119

 

GENERAL TERMS AND CONDITIONS (continued)

(h) among all interruptible Transportation Services paying less than Transporter's

maximum IT

rate,

based on the discounted rate being paid.

(i) Volumes representing mid-Month make-up of FT, FT-SG or IT imbalances in

excess of

Contract

Demand, not otherwise authorized under 3.5(f), on a first come/first served basis.

 

If Buyer has failed to tender any gas for transportation, pursuant to a

transportation agreement

under

Rate Schedule IT, during the prior one-hundred thirty-five (135) Day period, then

upon forty-five

(45)

Days notice by Transporter to Shipper, during which time Shipper continues to fail

to tender any

such

gas, Shipper's Gas Transportation Contract under Rate Schedule IT shall be

terminated.

Provided,

further, that such termination shall not occur if Shipper has been unable to tender

any such

transportation gas as the result of an event of force majeure as defined in Section

11.

 

A Shipper receiving service under Rate Schedule FT, FT-SG or IT shall not lose

its priority for

purposes

of this Section 3.5 by the renewal, extension of the term of that service or

renegotiation of the

existing

contract. Provided, however, any renewal or extension must be pursuant to a

rollover or

evergreen

provision of the Transportation Contract.

 

Shippers receiving service under Rate Schedule FT, FT-SG or IT shall not lose

priority in

utilization of

Transporter's mainline capacity for that service by adding or changing Points of

Receipt

applicable to

that service. Provided, however, (i) a Shipper receiving firm Transportation

Service shall not

have

priority for service from the new Point(s) of Receipt over a pre-existing firm

transportation

Shipper

receiving service from that point(s); and (ii) a Shipper receiving interruptible

Transportation

Service shall

not have priority for service from the new Receipt Point(s) over a pre-existing

firm or

interruptible

transportation Shipper receiving service from that point. Pre-existing priority

under interruptible

Transportation Service shall also not apply to any increase in transportation

quantity.

 

3.6 Allocation of Limited Capacity: If, on any Day, Transporter determines that

the capacity of

its

system, or any portion thereof including the points at which gas is tendered for

transportation, is

insufficient to serve all transportation requirements which are otherwise scheduled