Crossroads Pipeline Company
First Revised Volume No. 1
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Effective Date: 11/01/2001, Docket: RP02- 14-002, Status: Effective
Original Sheet No. 204 Original Sheet No. 204 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
(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.