Horizon Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 04/18/2002, Docket: CP00-129-001, Status: Effective
Original Sheet No. 29 Original Sheet No. 29 : Effective
RATE SCHEDULE ITS
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(4) The state(s) of the ultimate end user of the
gas.
4. TERM
(a) The term of service hereunder shall be set forth
in the ITS Agreement between Shipper and Horizon. Horizon may
terminate the ITS Agreement if Shipper fails to cause gas to be
delivered during any twelve (12) consecutive calendar months when
capacity is available, unless Shipper's failure to deliver gas was
attributable to circumstances of Force Majeure.
(b) Upon termination of any ITS Agreement, service by
Horizon to Shipper thereunder shall be terminated and
automatically abandoned.
(c) Horizon may terminate any ITS Agreement if
Horizon is required by the FERC or some other agency or court to
provide service for others utilizing the interruptible System
capacity or capability required for service under such ITS
Agreement or if Horizon ceases (after receipt of any requisite
regulatory authorization) to offer service of the type covered by
the ITS Agreement.
5. RATE
5.1 (a) Shipper shall pay Horizon each month under this
Rate Schedule ITS a one-part Commodity Charge for each Dth of gas
received for transportation, together with such other charges as
are identified in this Tariff. The maximum Monthly Commodity
Charge shall be the applicable maximum unit rate set out in this
Tariff multiplied by the quantity of gas actually received by
Horizon for transportation during the billing month.
(b) Where a Shipper has agreed to pay a Negotiated
Rate or a rate under a Negotiated Rate Formula, the rates assessed
hereunder shall be governed by Section 33 of the General Terms and
Conditions of this Tariff. A request for service at a Negotiated
Rate or a rate under a Negotiated Rate Formula shall specify the
Negotiated Rate or Negotiated Rate Formula on which the Shipper is
willing to agree.