Destin Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 10/01/2003, Docket: RP03-592-000, Status: Effective

First Revised Sheet No. 150 First Revised Sheet No. 150 : Effective

Superseding: Original Sheet No. 150

GENERAL TERMS AND CONDITIONS

APPENDIX C

(Continued)

 

2.6 In the event there is a capacity constraint at a Delivery

Point, Pooler's nominations at such constrained Delivery

Point shall be allocated on a pro rata basis with

nominations under IT Service Agreements at said Point,

except to the extent that the Pooling Agreement has been

assigned the Delivery Point on a firm basis by a firm

shipper. Any nomination by a Pooler at an assigned firm

Delivery Point shall be allocated on a firm basis pro rata

with other nominations at primary Exhibit B Delivery Points

under an FT-1 or FT-2 Service Agreement.

 

2.7 Pooler shall exercise due diligence in monitoring the supply

serving its Pool and shall notify Company promptly of any

variations it discovers in its supplies.

 

ARTICLE III

CREDITWORTHINESS

 

3.1 If at any time Pooler is or becomes insolvent or fails to

demonstrate creditworthiness, Pooler must provide Company

one of the following forms of credit to enter into or

maintain in effect this Agreement: (a) a security deposit

or other good and sufficient surety, as determined by

Company in its reasonable discretion, in an amount equal to

the maximum interruptible transportation rate multiplied by

Pooler's average Pool nominations for a three (3) month

period; or (b) a guarantee from a creditworthy party that

said creditworthy party will be responsible for payment of

all charges or penalties assessed by Company but not paid by

Pooler hereunder.

 

ARTICLE IV

NOTICES

 

4.1 Except as provided in Section 6.1 herein, notices hereunder

shall be given pursuant to the provisions of Section 16 of

the General Terms and Condition