Crossroads Pipeline Company

Original Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-145-001, Status: Effective

Second Substitute Original Sheet No. 22 Second Substitute Original Sheet No. 22 : Effective

Superseding: Substitute Original Sheet No. 22

 

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 this Rate Schedule multiplied by

the amount by which the quantity scheduled

for receipt minus 10% exceeds the quantity

actually received.

 

(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 as defined in

Section 30 of the General Terms and Conditions of

Crossroads' FERC Gas Tariff, the penalty shall not

apply.

 

3.8. 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

6 of Rate Schedule IT-1, then all such gas taken in

excess of Shipper's MDQ shall constitute Unauthorized

Overrun Quantities.

 

(b) In the event that Shipper takes Unauthorized Overrun

Quantities as defined in Section 3.8(a) above, Shipper

shall pay Crossroads $15 per dekatherm for all such

Unauthorized Overrun Quantities, in addition to the

amounts otherwise payable by Shipper to Crossroads

under Crossroads' applicable rate schedule and these

General Terms and Conditions.

 

3.9 Applicable Penalties

 

Crossroads will assess the highest applicable penalty to

any single infraction. In the event Shipper's unauthorized

takes, imbalances, or failures to meet scheduled quantities

would subject the Shipper to more than one (1) penalty

provision under this Section, Crossroads is authorized to

collect only a single penalty equal to the highest applicable

penalty.