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.