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. 341 Original Sheet No. 341

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

(c) Transporter shall adjust the capacity available to such Shipper to avoid the emergency to the

extent such adjustment can be made without creating any other emergency for other Shippers of firm service or

jeopardizing Transporter's operations. Capacity shall be made available by increasing the pro rata

interruption of other Shippers (to the extent that an emergency is not created for any such Shipper) in

accordance with Section 16.4. Any additional capacity made available hereunder shall not exceed the lesser of

(1) the minimum quantity of capacity necessary to alleviate the emergency situation, or (2) that quantity

which, when added to the capacity already available, would equal Shipper's contractual entitlement at the

relevant point(s) of delivery. Any relief granted hereunder to such Shipper shall consist exclusively of an

additional allocation of capacity, and Transporter shall have no obligation to provide quantities of gas not

otherwise available to such Shipper under the terms of the pertinent transportation agreement. The time

during which additional capacity is made available hereunder shall not exceed that which is necessary to

alleviate the emergency situation. Shipper shall notify Transporter immediately upon cessation of the

emergency situation. Transporter shall not be liable to any person for any damages whatsoever resulting from

Transporter's interruption pursuant to this Section 16.5, unless such interruption is caused by the negligence

or willful misconduct of Transporter.

 

(d) A Shipper receiving relief under this Section shall compensate any other Shipper injured

thereby. Such compensation shall consist of payment to such injured Shipper, by the Shipper receiving relief,

of the daily equivalent of Transporter's applicable reservation charge for the time period and amount of

capacity taken from the injured Shipper. Payment for the capacity so taken shall be made to Transporter,

which will then credit such payment to the injured Shipper in the billing cycle applicable to the period in

which the emergency interruption occurred. Nothing in this Section 16.5 shall limit the rights of a Shipper

which has capacity adjusted pursuant to this Section 16.5 in order to provide relief from emergency

interruption to another Shipper from seeking any damages from such Shipper receiving relief, to the extent

permitted by applicable law.

 

(e) In the event Shipper does not provide the sworn statement as required by this Section 16.5, or

receives emergency relief on the basis of any representation in such sworn statement that is determined to

have been materially false, then all of the quantities attributable to the adjustment made by Transporter

shall be billed to that Shipper, in addition to all other charges, at a rate of $25 per dekatherm. All

revenues attributable to such $25 per dekatherm charge shall be credited, on a pro rata basis, to those

Shippers interrupted to a lower quantity as a result of the anticipated sworn statement.

 

(f) To the extent Transporter's interruption of any Shipper pursuant to this Section 16.5 would

cause such Shipper to incur a penalty due Transporter through no fault of Shipper, Transporter shall not

assess that penalty against that Shipper. This provision does not excuse Shipper from taking all reasonable

action necessary to remove itself from a penalty situation.

 

(g) In the event emergency relief is provided pursuant to this Section 16.5, Transporter shall post

on its EBB the following information within two hours after such relief has been granted: (1) the name of the

Shipper(s) whose request(s) for emergency relief have been granted; (2) the date and the time when the

emergency relief was initiated to the Shipper(s); (3) the expected duration of the emergency; (4) the specific

location of the emergency; and (5) a brief description of the nature of the capacity constraint and the

emergency.

 

(h) Transporter will maintain, and make available for inspection by any interested party, all

written and electronic information generated in connection with the granting or denial of emergency relief

pursuant to this Section 16.5, including but not limited to the sworn statement and facsimile transmissions

required by Section 16.5(b), and the EBB notice required by Section 16.5(g).