Colorado Interstate Gas Company

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 06/01/2010, Docket: RP10-689-000, Status: Effective

Third Revised Sheet No. 380E Third Revised Sheet No. 380E

Superseding: Second Revised Sheet No. 380E

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

16. RESERVATION CHARGE CREDIT

 

16.1 The following provisions apply to Rate Schedules TF-1 and TF-HP.

 

(a) If Transporter, on any Day, fails to accept quantities of Gas

Tendered by Shipper for Transportation or fails to Deliver

quantities of Gas accepted for Transportation, then, subject

to Sections 16.1(c) and (d) below, the R1 Reservation Charge

specified in the Agreement, and any attendant surcharge for

the Month in which such Day occurs will be reduced by an

amount equal to the product of (a) the quantity of Gas

Tendered that Transporter failed to accept or the quantity of

Gas accepted that Transporter failed to Deliver (such

quantity, in neither case, to exceed Shipper's MDQ) times (b)

the rate per Dth equal to the quotient of the applicable R1

Rate in the Agreement divided by the number of days in such

Month, rounded to the nearest tenth of a cent.

 

(b) Amounts determined pursuant to Section 16.1(a) shall be

credited against Transportation charges for a future Month or

refund if the Agreement has terminated. In no event shall

such credit be provided to Shippers later than 90 days after

the month in which the credit was earned. Such crediting

shall be Shipper's sole and exclusive remedy for

Transporter's failure as described herein unless damages

incurred by Shipper are shown to be the result of negligence

or willful misconduct by Transporter. If a court makes such a

finding, then Transporter shall only be liable for its

proportionate amount of negligence.

 

(c) No R1 Reservation Charge credit shall be made with respect to

any quantities Tendered by Shipper at Secondary Point(s) of

Receipt or requested by Shipper to be Delivered at any

Secondary Point(s) of Delivery.

 

(d) Transporter shall not be required to make the adjustments

provided for in Section 16.1(a) if Transporter's failure to

accept Gas from Shipper or Transporter's failure to transport

Gas accepted for Transportation is due to Shipper's failure

to perform in accordance with the terms of the Agreement,

including, but not limited to, the Joint Monthly Operating

Plan, Operational Flow Orders, and failure of supply,

transportation, and/or market upstream of or downstream from

Transporter's pipeline system.