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.