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.