Horizon Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 04/15/2002, Docket: GT02- 15-000, Status: Effective

Original Sheet No. 7A.01 Original Sheet No. 7A.01 : Effective

 

FOOTNOTES APPLICABLE TO SHEET NO. 7

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10/ Eligible Delivery Points. The negotiated rates shall only apply to transportation service provided to the following delivery points:

 

Primary Delivery Points: Nicor Gas/Horizon Hwy 176 McHenry, PIN No. 39753 (200,000 MDQ); and Horizon/NGPL McHenry, PIN No. 39755 (100,000 MDQ).

Secondary Delivery Points: The negotiated rates shall apply to service provided to all secondary delivery points (including future interconnects) located in

the zone(s) containing Alliance/Horizon Joliet #1 Grundy and Horizon/NGPL McHenry.

 

11/ Aggregate Receipt/Delivery Quantity Limitation. The Negotiated Rates shall apply to all quantities received or delivered by Horizon for Shipper's account which

are transported on a primary or secondary firm basis, to the extent that such aggregate firm receipt or delivery quantities do not exceed the aggregate amount

of Shipper's Eligible Point MDQs set forth in footnotes 9 and 10 above for receipts or deliveries, as applicable, in such zones.

 

12/ Applicable Rate Considerations. At any time during the term of the Negotiated Rate Agreement, Shipper shall be entitled to change, at the Negotiated

Reservation Rate, the Primary Receipt Point or Primary Delivery Point set forth in footnotes 9 and 10 above to any other receipt or delivery point (including

future interconnects) that is within the zone(s) containing the primary receipt and delivery points set out in footnotes 9 and 10 above, subject to capacity

availability and all applicable provisions of Horizon's FERC Gas Tariff regarding receipt and delivery point changes, provided that any such Primary Receipt

Point or Primary Delivery Point change may not result in Shipper extending its then existing primary path outside of the zone(s) containing the primary receipt

and primary delivery points set out in footnotes 9 and 10 above.

 

To the extent that Horizon is not able to provide at least 95% of the service levels nominated within Shipper's MDQ by Shipper at its primary points during the

period of November 1 through March 31, Shipper shall not be liable for charges for those volumes, up to 95% of its MDQ, which it nominated but which Horizon was

not able to provide; provided, if Horizon's inability to provide service was the result of a properly noticed event of force majeure, the abatement of Shipper's

rates shall not begin until the earlier of (a) ten (10) days after the commencement of the interruption of service caused by the event of force majeure, and (b)

the date on which such event of force majeure should have been cured by Horizon, using its reasonable efforts; provided, further, that Shipper shall not be

entitled to rate abatement if the event of force majeure impacting Horizon's ability to provide service has occurred with respect to facilities owned by parties

other than Horizon.

 

If Horizon expands its capacity by a cumulative total of 100,000 Dth/d or more beyond the initial estimated capacity of 380,000 Dth/d or extends its system into

Wisconsin, and Horizon provides any Shipper submitting a binding precedent agreement or other agreement for firm transportation services that is substantially

similar to the services described in the Negotiated Rate Agreement with initial negotiated rates which are more favorable or differ from those set forth in the

Negotiated Rate Agreement, Horizon shall so notify Shipper in writing. Upon receipt of such written notice, Shipper shall have ten (10) days to elect by

written notice to Horizon to pay such different negotiated rates. If Shipper does not provide such notice within the ten (10) days specified herein, or such

other date mutually agreed to by the parties in writing, then the Shipper shall be deemed to have not selected such different negotiated rates.