Crossroads Pipeline Company
Original Volume No. 1
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Effective Date: 01/09/1997, Docket: RP97-184-000, Status: Effective
Second Substitute Original Sheet No. 12 Second Substitute Original Sheet No. 12 : Effective
Superseding: Substitute Original Sheet No. 12
designated Point(s) of Delivery on any day
exceeds the quantities actually taken by
Shipper by 10% or more of the scheduled
quantity at such designated Point(s) of
Delivery for that day, the penalty shall be
the equivalent of the maximum interruptible
transportation rate under Rate Schedule IT-1
multiplied by the amount by which the quantity
scheduled for delivery, minus 10%, exceeds the
actual quantity taken by Shipper. Crossroads
shall notify Shipper of such failure to take
scheduled quantities; however, Shipper's
obligation to pay the applicable penalty shall
not be affected by such notification or lack
of such notification.
(ii) If the quantity of gas which Crossroads, at
Shipper's request, has scheduled for receipt
at any of the Shipper's designated Receipt
Point(s) on any day exceeds the quantities
actually received by Crossroads at such
designated Point(s) of Receipt for or on behalf
of Shipper by 10% or more of the scheduled
quantity for that day, the penalty shall be
the equivalent of the maximum transportation
rate under Rate Schedule IT-1 multiplied by
the amount by which the quantity scheduled
for receipt minus 10% exceeds the quantity
actually received.
(iii) If Shipper over or underschedules receipts or
deliveries as described in (i) or (ii) above,
but such over or underschedules have no effect on
Crossroads' ability to provide its certificated
services, to meet its certificate, contract, or
tariff obligations, or to maintain the operational
reliability and integrity of its system, and do not
impose any material costs on Crossroads, Crossroads
may in its sole discretion waive all or part of a
penalty incurred by Shipper, provided that such waiver
is granted on a non-discriminatory basis.
(e) Force Majeure
In the event that any penalty would otherwise be
applicable under this Section as a direct consequence
of any action or failure to take action by Crossroads,
or of the failure of any facility under Crossroads'
control, or of an event of force majeure directly
affecting Crossroads' facilities as defined in Section
30 of the General Terms and Conditions of Crossroads'
FERC Gas Tariff, the penalty shall not apply.
3.9 Unauthorized Overrun Quantities
(a) If on any day the total quantity of gas taken from
Crossroads at all points of delivery under any
Service Agreement exceeds Shipper's MDQ under such
Service Agreement on such day and Crossroads has not
authorized such excess quantity pursuant to Section
7 of Rate Schedule FT-1, then all such gas taken in
excess of Shipper's MDQ shall constitute Unauthorized
Overrun Quantities.