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. 116 Original Sheet No. 116 : Effective

 

 

GENERAL TERMS AND CONDITIONS

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(3) Notwithstanding Section 3.4(b)(1) hereof,

Horizon reserves the right, after a one (1) day notice, to interrupt

service to any interruptible Shipper paying a discount rate to

enable Horizon to provide service to another Shipper if such service

would result in a higher unit rate; provided, however, that Horizon

will not interrupt service to a Shipper paying the applicable

maximum rate (or revenue equal to or greater than the applicable

maximum rate pursuant to a Negotiated Rate or Negotiated Rate

Formula) even if a Shipper which has agreed to a Negotiated Rate or

a rate under a Negotiated Rate Formula would pay a higher unit rate.

Within such one (1) day period, Shipper shall be allowed to increase

its rate by any amount up to the applicable maximum rate specified

in this Tariff. A Shipper agreeing to increase its rate hereunder

shall be entitled to any higher priority associated with such higher

rate; provided, however, that any Shipper paying the maximum rate

applicable to its service (or revenue equal to or greater than the

applicable maximum rate pursuant to a Negotiated Rate or Negotiated

Rate Formula) shall be afforded highest priority even if a Shipper

which has agreed to a Negotiated Rate or Negotiated Rate Formula is

paying a higher unit rate. Among Shippers paying less than the

applicable maximum rate, priority shall be determined based on rate

level. Among Shippers agreeing to pay the same rate as of the

termination of the one (1) day notice period, the priorities set out

in Section 3.4(b)(1) shall apply. No Shipper may obtain a higher

priority during any period of interruption to which a notice relates

by agreeing to an increased rate after the end of the one (1) day

notification period.

 

(c) Notwithstanding the foregoing, unless a

nomination for interruptible service is submitted by the date

nominations are due under this Tariff for service to commence on the

first day of a month, that nomination shall be subordinate for that

month to timely first-of-the-month nominations for any other

interruptible service. Once service under an interruptible Rate

Schedule has commenced during a month, the service will not be

interrupted during that month as a result of subsequent nominations

for interruptible service (other than secondary point nominations

properly tendered under any firm Agreement) which would have had

higher priority if submitted as a timely first-of-the-month

nomination. Confirmed nominations under any firm Agreement,

including service at secondary points, shall have priority over all

interruptible service, whether submitted at the first of the month

or during the month.