Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 12/31/2008, Docket: RP09-82-000, Status: Effective

First Revised Sheet No. 156 First Revised Sheet No. 156

Superseding: Substitute Original Sheet No. 156

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

12. SERVICE SCHEDULING, SERVICE PRIORITY AND IMPAIRMENT OF DELIVERIES

(Continued)

 

(c) Transporter shall not be liable for granting

exceptions to the curtailment provisions of this

Section 12 for any Shipper based upon a request

submitted by any Shipper to Transporter under the

Emergency Situation relief provisions of this

Section 12.4. In the event Shipper does not provide

the sworn statement as required by Section 12.4(a),

then all quantities attributable to the adjustments

made by Transporter shall be billed to that Shipper,

in addition to all other charges, at a rate equal to

three-hundred percent (300%) of the Gas Price Index.

All revenues attributable to such charge shall be

credited, pro rata, on the basis of the increase in

curtailment caused by the invocation of

Section 12.4(a) to those Shippers curtailed to a lower

quantity as a result of the anticipated sworn

statement. Notwithstanding any provision of this

Section 12, however, Shipper shall not be entitled to

relief under Section 12.4(a) to the extent that (1) an

Emergency Situation is due to the Shipper's failure to

have adequate transportation arrangements in effect

for the delivery of Shipper's Natural Gas at the

Point(s) of Receipt and Point(s) of Delivery in effect

hereunder during the relevant period, or (2) the

quantity of Natural Gas required to meet such

Emergency Situation exceeds such Shipper's firm

contractual rights.

 

(d) If Transporter is requested to grant relief under

Section 12.4(a), then the requesting Shipper's bill

for such Month shall be adjusted upward by an amount

equal to the aggregate curtailment adjustment quantity

requested by the Shipper, pursuant to Section 12.4(a),

multiplied by the applicable maximum reservation

charge for Rate Schedule(s) FT-1 or FT-2. All revenues

attributable to such