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. 121 Original Sheet No. 121 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

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5. DELIVERY OF GAS FOR THE ACCOUNT OF SHIPPER

 

5.1 DELIVERY VOLUMES

 

Commencing on the date of first acceptance by Horizon

of natural gas delivered by or on behalf of Shipper at the Receipt

Point(s) pursuant to an Agreement, and continuing thereafter

during the term of that Agreement, Horizon shall deliver

Equivalent Volumes, or cause Equivalent Volumes to be delivered to

Shipper, or to a mutually agreeable third party for Shipper's

account, at the Delivery Point(s) described in the Agreement or

applicable to the Agreement under this Tariff. In determining

Equivalent Volumes, Horizon shall retain gas in kind for Fuel Gas

and Unaccounted For Gas, based on the method set out in Section

1.9 of the General Terms and Conditions of this Tariff.

 

5.2 DELIVERY FACILITIES

 

Unless otherwise agreed by Horizon, Horizon shall own,

operate and maintain all pipeline and measurement facilities

necessary to deliver and measure gas hereunder. In the event any

such facilities are installed by Horizon, Section 6 of these

General Terms and Conditions shall apply.

 

5.3 OBLIGATIONS

 

Horizon's maximum obligation to deliver gas at the

Delivery Point(s) under an Agreement shall never exceed the lesser

of: (a) the applicable MDQ under the Agreement in the aggregate

or at each point as specified in the Agreement or as applicable to

any point under this Tariff; or (b) the total daily volume Shipper

or its designee is willing and able to receive at the Delivery

Point(s).

 

5.4 HOURLY LIMITATIONS

 

Horizon shall not be obligated, during any hour, to

deliver a total volume of gas at any Delivery Point in excess of

six and twenty-five hundredths percent (6.25%) of Shipper's

aggregate MDQs for firm service at such Delivery Point, and Horizon

may impose such restriction whenever, in Horizon's sole judgment,

such restriction is necessary in order to meet its delivery

obligations. However, in the event that Shipper's load pattern

temporarily requires deliveries at any Delivery Point in excess of

such restriction, Horizon will, on request of Shipper, use its best