Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 11/30/2009, Docket: RP10-77-000, Status: Effective

Second Revised Sheet No. 570 Second Revised Sheet No. 570

Superseding: First Revised Sheet No. 570

 

GENERAL TERMS AND CONDITIONS

(continued)

24. CURTAILMENT (continued)

 

(b) affirmation that all sources of gas supply available to Customer, including peak-

shaving and storage, were and are being utilized to the maximum extent possible

during the time period for which the exception to the curtailment provisions of

this Section 24 is in effect;

 

(c) affirmation that all interruptible services of Customer were and are being

interrupted or curtailed during the time period for which the exception to the

curtailment provisions of this Section 24 is in effect;

 

(d) affirmation that no alternate fuel could be utilized or is available to be

utilized to prevent the necessity for an exception to the curtailment provisions

of this Section 24; and

 

(e) affirmation that, if the Emergency Situation is an environmental emergency, the

Customer has made and continues to make all feasible efforts to resolve the

environmental emergency, including requests for waiver, exemption, and other

relief from any regulation, directive, order or other requirement of a

governmental body.

 

Customer shall provide Algonquin immediate notice of the cessation of the Emergency

Situation.

 

Algonquin shall not be liable for granting exceptions to the curtailment provisions of

this Section 24 for any Customer based upon a request submitted by any such Customer to

Algonquin under the Emergency Situation relief provisions of this subsection 24.6. In

the event Customer does not provide the sworn statement as required by this subsection,

then all quantities attributable to the adjustments made by Algonquin shall be billed,

in addition to all other charges, at a rate equal to three times the daily Gas Daily

posting for the High Common price for the "AGT Citygate" posting per Dth for the Day

that Algonquin adjusts its curtailment levels to provide Emergency Situation relief

pursuant to this Section 24.6. All revenues attributable to such charge shall be

credited, pro rata on the basis of the increase in curtailment caused by this

provision's having been invoked, to those Customers curtailed to a lower quantity as a

result of the anticipated sworn statement. Notwithstanding any provision of this

subsection, however, Customer shall not be entitled to relief under this subsection:

(1) to the extent that an Emergency Situation is due to the Customer's failure to have

adequate transportation arrangements in effect for the delivery of Customer's gas at

the Point(s) of Delivery in effect hereunder during the relevant period, or (2) to the

extent that the quantity of gas required to meet such Emergency Situation exceeds such

Customer's firm contractual rights.