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.