Carolina Gas Transmission Corporation
Original Volume No. 1
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Effective Date: 11/01/2006, Docket: CP06- 71-001, Status: Effective
Original Sheet No. 207 Original Sheet No. 207 : Effective
34. DISCRETIONARY WAIVER
34.1 Pipeline may waive any of its rights hereunder, or any party’s
obligations hereunder, on a basis that is not unduly
discriminatory and is consistent with Commission standards of
conduct policy. Pipeline will keep a written log recording any
such waivers, which will be posted on the Internet Website.
Shipper may waive any of its rights hereunder or any obligations
of Pipeline. No waiver by either Shipper or Pipeline of any one
(1) or more defaults by the other in the performance of any
provision of this Tariff or of a Service Agreement shall operate
or be construed as a waiver of any future default or defaults,
whether of a like or of a different character.
34.2 In recognition of the fact that the penalties set forth in GT&Cs
Section 15.3 are intended to promote conscientious operations by
Shipper such that service to other Shippers is not impaired in
any way, Pipeline may waive any penalties incurred by Shipper if
Pipeline determines, in its reasonable judgment, that Shipper was
conducting its operations in a responsible manner at the time the
penalties were incurred and that Shipper’s conduct did not impair
service to another Shipper or threaten system integrity.
Pipeline must grant waivers under this Section 34.2 on a non-
discriminatory basis, but the waiver of any penalties shall not
constitute an automatic waiver of any future penalties. Pipeline
will keep a written log recording any such waivers, which will be
posted on the Internet Website, including the penalty date,
penalty quantities waived, the basis for each waiver, and whether
the waiver was granted to a Pipeline affiliate.