Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 09/01/2007, Docket: CP06-354-002, Status: Effective

Original Sheet No. 120 Original Sheet No. 120 : Effective

 

GENERAL TERMS AND CONDITIONS

 

3. SCHEDULING AND DELINQUENCY OF PAYMENT (Contd.)

 

3.4 SCHEDULING OF INTERRUPTIBLE SERVICES (Contd.)

 

E. No Shipper shall have any right to tender Unauthorized

Overrun Gas. Unauthorized Overruns are subject to penalty

as set out in the individual Rate Schedules. To the extent

Transporter is unable to transport Unauthorized Overrun Gas

without jeopardizing the integrity of Transporter's

operations and/or its ability to meet its contractual

obligations to other Shippers (such decisions to be solely

within the judgment and discretion of Transporter),

Transporter shall have the right to vent, without incurring

any liability to Shipper, or any third party, such

Unauthorized Overrun Gas as it is unable to transport.

However, Transporter shall use reasonable efforts to avoid

or minimize such venting.

 

3.5 CAPACITY CONSTRAINTS

 

If Transporter experiences a Capacity constraint on a portion of

its System or at specific Points, it shall (to the extent

practicable), apply the scheduling and Curtailment provisions

hereof, for both firm and interruptible services, only to those

Shippers with service affected by that portion of the System or at

those Points. Transporter shall endeavor to restrict Curtailment

to as limited a geographical area, number of Shippers and services

as reasonably feasible, given the operational capabilities of its

System. Any Curtailment necessary on any portion of Transporter's

system or at specific Points shall be applied to services in the

reverse order relative to the scheduling priorities set forth in

Section 3.1 of these General Terms and Conditions, provided that,

once scheduled, all firm service is assigned the same curtailment

priority whether the capacity is scheduled on a primary or

secondary basis.

 

3.6 PROTECTION OF LIFE AND PROPERTY. Transporter and Shipper shall

collaborate in making adjustments to receipt quantities or

delivery quantities, if possible, which may be necessary to avoid

or forestall injury to life and property.

 

3.7 LIABILITY FOR INTERRUPTION. If service under this Tariff is

interrupted consistent with this section, Transporter shall not be

liable for damages resulting from the implementation of the

procedures described herein, except to the extent that such

Interruptions of service are shown to be the result of negligence

or misfeasance by Transporter.