Clear Creek Storage Company, LLC

Original Volume No. 1

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Effective Date: 05/01/2001, Docket: RP01-300-000, Status: Effective

First Revised Sheet No. 50 First Revised Sheet No. 50 : Effective

Superseding: Original Sheet No. 50

GENERAL TERMS AND CONDITIONS

(Continued)

 

8. Priority and Curtailment of Service

 

8.1 Customers shall be entitled to receive service

according to the priority set out below:

 

(1) All firm Storage Service.

 

(2) All interruptible Storage Service by rate

paid from highest to lowest. Where two or more Customers are

paying the same rate, available capacity will be awarded pro

rata based on each Customer's daily nomination.

 

(3) Authorized overrun storage under Rate Schedule

FS.

 

8.2 If, due to any cause whatsoever, Clear Creek does

not have sufficient capacity to provide service to its

storage Customers, curtailment or interruptions will be

instituted in reverse order of the priority of service set

out in this section. Clear Creek will provide as much

advance notice of any curtailment or interruption as is

practicable under the circumstances. Clear Creek's notice

shall be provided through the affected Customer's choice of

notice, including electronic notice delivery according to

Section 2.6 of these General Terms and Conditions and shall

state the reduced quantities of Gas that may be stored and

the estimated duration of the curtailment or interruption.

 

If curtailment or interruption is required, Clear Creek

and Customer shall cooperate to the extent possible in

making adjustments to receipts or deliveries of stored Gas

to minimize injury to any property or facility.

 

Nothing in this section shall limit Clear Creek's right

to curtail or interrupt Storage Service on any other

reasonable basis (including pro rata curtailment or

interruption within a class of service) in order to ensure

system integrity or to reflect the operational

characteristics of the Clear Creek storage field.

 

8.3 Clear Creek shall not be liable for loss or damage

caused by any curtailment or interruption of service

according to Clear Creek's procedures, except to the extent

caused by Clear Creek's gross negligence, misfeasance or

willful misconduct. In no event shall Clear Creek be liable

for incidental or consequential damages of any kind.