Columbia Gas Transmission LLC

Third Revised Volume No. 1

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Effective Date: 03/03/2009, Docket: RP09-340-000, Status: Effective

Original Sheet No. 310 Original Sheet No. 310

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

9. OPERATING CONDITIONS

 

9.1 In General. The general operating conditions set forth in this Section supplement the terms and

conditions set forth in the individual Rate Schedules and elsewhere in the General Terms and Conditions.

 

9.2 Uniform Rates and Quantities. Shipper shall: (i) tender gas or arrange to have gas tendered on its

behalf in quantities that conform to its Scheduled Daily Receipt Quantity and that flow at uniform hourly

rates throughout the Day; and (ii) take gas or cause gas to be taken on its behalf in quantities that conform

to its Scheduled Daily Delivery Quantity and that flow in accordance with Section 12 (Maximum Daily Delivery

Obligation at Delivery Points and Maximum Daily Quantity at Receipt Points) of the General Terms and

Conditions, unless deviations from those receipt and delivery quantities are necessary for balancing purposes

and are undertaken by Shipper at Transporter's request or following notice to, and approval by, Transporter in

accordance with the applicable provisions of the General Terms and Conditions. If Shipper violates (i) the

applicable flow requirements or (ii) the requirements set forth at Section 12, Transporter may install or

require the installation of a flow control device to insure compliance with such requirements.

 

9.3 Hourly Flow. Transporter shall have the right but not the obligation to mutually agree with any Shipper

to an hourly flow rate for a stated period at any receipt and/or delivery point(s) identified in the

applicable service agreement, and where necessary upon specified conditions to ensure that such agreements do

not have any adverse effect on Transporter's system. Transporter will not enter into hourly flow obligations

or conditions that will adversely affect Transporter's ability to meet its firm service obligations to an

existing Shipper. In addition, Transporter will not unilaterally impose new contractual hourly flow rate

conditions when an existing Shipper exercises its right of first refusal in accord with Section 4 of the

General Terms and Conditions; provided, however, if a Shipper with a Service Agreement containing an hourly

flow rate stated as a numerical Dth per hour amount and exercising its right of first refusal does not retain

one-hundred percent (100%) of its Transportation Demand in its new Service Agreement, there will be a

proportionate reduction in the numerical Dth per hour hourly flow rate amount in that Shipper's new Service

Agreement. In the event that Transporter and Shipper mutually agree to such an hourly flow rate for a stated

period, the hourly flow rate and any conditions will be specified in the applicable pro forma service

agreement in the blank space provided. If Transporter and a Shipper are unable to mutually agree upon a hourly

flow rate, Transporter will, upon request from that Shipper, provide a written explanation concerning the

operational reasons for the denial.

 

9.4 Third Party Arrangements. Shipper shall be responsible for making all necessary arrangements with

third parties (i) at or upstream of the point(s) of receipt at which Shipper tenders gas to Transporter for

transportation or storage services, and (ii) at or downstream of points of delivery at which Transporter

delivers gas for the account of Shipper. Shipper shall be responsible for (i) insuring that any such

arrangements are consistent with the terms and conditions of the applicable Rate Schedule under which it seeks

to have Transporter transport or store the gas or utilize Transporter's storage facilities, and (ii) requiring

such third parties to confirm all of Shipper's nominations with Transporter in a form and manner approved by

Transporter. Such third-party arrangements shall be coordinated with Transporter.

 

9.5 Service Obligation. Transporter shall not be required to perform service under any of its Rate

Schedules if any of the facilities necessary to render the requested service do not exist or are not available

including periods during which facilities are being maintained or repaired, in which case, interruptions of

service shall be made consistent with Section 16 (Interruptions of Service) of the General Terms and

Conditions. Notwithstanding any other provision in this Tariff, Transporter shall not be required to pay for

or to construct or install facilities of any kind, including, but not limited to meters and measuring

stations; provided, however, that Shipper may request construction of facilities under the provisions of

Section 27 (Construction of Facilities) of the General Terms and Conditions.