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
Sixth Revised Sheet No. 380H Sixth Revised Sheet No. 380H
Superseding: Fifth Revised Sheet No. 380H
GENERAL TERMS AND CONDITIONS
(Continued)
16.4 The following provisions apply to Rate Schedule TSB-T
(a) If Transporter, on any Day, fails to withdraw from Totem
Storage, and tender for delivery daily Deliver quantities
then, subject to Sections 16.4(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 TADWQ) 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 16.4(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 16.4(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.