Florida Gas Transmission Company, LLC

Fourth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 09/01/2006, Docket: RP06-463-000, Status: Effective

Original Sheet No. 281 Original Sheet No. 281 : Effective

 

GENERAL TERMS AND CONDITIONS

(continued)

 

 

DVC), then the Shipper will pay to Transporter a penalty of

$25.00 for each MMBtu of excess capacity obtained by such

action.

 

(c) Procedures -- Payment of charges and/or penalties under this

Section 17A shall be in addition to all other penalties,

charges or amounts due from Shippers. Any penalties

collected by Transporter under this Section 17A will be

placed in a segregated account and paid out, pro rata, to

the curtailed Shippers receiving less capacity than their

pro rata share in accordance with Section 17A6(e).

Shippers shall be required to comply with a Curtailment

Order no later than two (2) hours after such Curtailment

Order's issuance, such compliance deadline to be specified

in the Curtailment Order. Shippers shall not be subject to

penalties under this Section 17A for failure to adjust

quantities to comply with a Curtailment Order until after

the time period for compliance set forth in a Curtailment

Order has expired. The failure of any Shipper to remit

payment of any penalties under this Section within thirty

(30) days after issuance by Transporter of an invoice for

such amounts shall result in the forfeiture of such

Shipper's Exempt Uses status and the right to utilize the

emergency procedures provided in Section 17A5 above to

request Exempt Uses status in the future, unless and until

full payment is made and reinstatement of such Shipper's

Exempt Uses status and/or ability to utilize the emergency

procedures is approved by the DVC. Interest shall accrue on

all overdue payments as provided in Section 15 of these

General Terms and Conditions.

 

8. Liability -- Transporter shall not be liable for any damage, cost

or expense of any kind incurred as a result of Transporter's good

faith implementation of the provisions of this Section 17A

(including actions taken in reliance upon information provided by

Shippers seeking emergency relief). Furthermore, Transporter will

be indemnified by Shippers for all damages, costs, and expenses,

including attorneys' fees, it may suffer as a result of its good

faith implementation of such provisions (including actions taken

in reliance upon information provided by Shippers seeking

emergency relief). The term "good faith" does not include acts of

negligence or willful misconduct.