Crossroads Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/01/2001, Docket: RP02- 14-000, Status: Effective

Original Sheet No. 116 Original Sheet No. 116 : Superseded

 

GENERAL TERMS AND CONDITIONS

(Continued)

9. OPERATING CONDITIONS

9.1 Receipt and Delivery Quantities. If Shipper does not accept the quantity nominated by Shipper at the

Delivery Point on any day or days, then Transporter may refuse to receive gas from Shipper at the Receipt

Point on such day or days. Transporter may refuse to deliver quantities to Shipper at the Delivery Point if

Shipper should be unable to provide the equivalent quantities to Transporter at the Receipt Point.

 

9.2 Daily Rates of Flow. The gas to be transported hereunder shall be received and delivered at uniform

hourly and daily rates of flow as nearly as practicable, subject to the daily nominations as provided in

Shipper's applicable Rate Schedule and Section 6 hereof. It is recognized that due to operating conditions,

the quantities of gas received and delivered may not be in balance on any one particular day. Transporter

and Shipper shall endeavor to keep such variance to a minimum.

 

9.3 Flow Control. Nothing contained herein or in Transporter's Rate Schedules shall limit Transporter's

right to operate flow control or other equipment to require Shippers to remain precisely in balance as to

receipts and deliveries at any time. Failure by Transporter to operate flow control or other equipment, or

any allowance by Transporter of imbalances up to or exceeding balancing limits shall not limit Transporter’s

right to require Shippers to maintain strict balances or Transporter’s right to operate flow control or

other equipment to require Shippers to remain precisely in balance.

 

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

Shipper to an hourly flow rate at any receipt and/or delivery point(s) identified in the Rate Schedule FT-1

pro forma service agreement that is different than the even hourly flow rate required by Section 9.2 above.

In the event that Transporter and Shipper mutually agree to such an hourly flow rate, the hourly flow rate

will be specified in the pro forma service agreement in the blank space provided. Transporter shall have the

right to install flow control or other equipment to ensure compliance with the hourly flow rate agreed to by

Transporter and Shipper under this Section 9.4.

 

9.5 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 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 the gas, 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.

 

9.6 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. Transporter shall not be required to construct facilities; provided, however, that

Shipper may request construction of facilities, including under the provisions of Section 27 (Construction

of Facilities) of the General Terms and Conditions.