Colorado Interstate Gas Company
First Revised Volume No. 1
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Effective Date: 06/01/2010, Docket: RP10-689-000, Status: Effective
Third Revised Sheet No. 380G Third Revised Sheet No. 380G
Superseding: Second Revised Sheet No. 380G
GENERAL TERMS AND CONDITIONS
(Continued)
16.3 The following provisions apply to Rate Schedule TSB-Y
(a) If Transporter, on any Day, fails to daily Deliver quantities
then, subject to Sections 16.3(b) and (c) below, the R1
reservation charge and any attendant surcharges for the Month
in which such Day occurs will be reduced by an amount equal to
the product of (a) the quantity of Gas Transporter failed to
Deliver (such quantity, in neither case, to exceed Shipper's
MDQ limited by Shipper's YADWQ) times (b) the rate per Dth
equal to the quotient of the applicable R1 Rate divided by the
number of days in such Month, rounded to the nearest tenth of
a cent.
(b) Amounts determined pursuant to Section 16.3(a) shall be
credited against Transportation charges for a future Month or
refunded if the Agreement has terminated. In no event shall
such credit be provided to Shipper 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) Transporter shall not be required to make the adjustments
provided for in Section 16.3(a) if Transporter's failure to
transport 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 and Operational Flow Orders.