Horizon Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 12/01/2003, Docket: RP02-153-005, Status: Effective
Substitute Original Sheet No. 135A Substitute Original Sheet No. 135A : Effective
GENERAL TERMS AND CONDITIONS
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for volumes in excess of the MDQ under the original Agreement in the area
of overlap shall be applied as follows: (i) if a Shipper is nominating
or flowing within the primary path under its segment, overrun shall not
apply to that segment so long as such Shipper is within its MDQ on that
segment and any overrun shall be assigned to the segment on which Shipper
is nominating and flowing outside its path; (ii) if a Shipper is
nominating or flowing in excess of its MDQ on a segment under the
segmented release, the Shipper shall be assessed overrun based on the
volume in excess of its MDQ; and (iii) where the Shipper on each segment
is within its MDQ, but is nominating on a secondary out-of-path basis so
as to create an overlap in nominated paths, and aggregate nomination by
the Releasing and Replacement Shipper in the area of overlap are in
excess of the original contract MDQ, then except as provided in (i) and
(ii), overrun charges will be assessed to the Releasing Shipper unless
the release specifies that such overrun charges are to be assessed to the
Replacement Shipper.
(d) The segment furthest upstream in relation to
direction of flow for the primary path under the Agreement being
segmented shall have the pooling point. Notwithstanding the prior
sentence, Horizon shall allow both the upstream and downstream segments
to have access to the pooling point provided that the pooling point is
the only delivery point which may be used during the period of
segmentation by the upstream segment with respect to the segmented
capacity and the pooling point is the only receipt point which may be
used during the period of segmentation for the downstream segment with
respect to the segmented capacity. These restrictions on the points
which may actually be used in the segmentation must be part of the
capacity release posting or the nomination provided to Horizon, as
applicable, in connection with the segmentation. This restriction on
points relates solely to the points which may be used on the upstream and
downstream segment during a period of segmentation as a condition of
access to the pooling point by both upstream and downstream segments and
is not predicated on the specific primary point rights under the
Agreement being segmented.
(e) The direction of flow for path segments must be the
same direction of flow as for the original path unless Horizon agrees
otherwise or unless such a change in direction of flow is consistent with
the Agreement. A Shipper may segment a backhaul, but such segmentation
shall be subject to review by Horizon on a case-by-case basis as to
whether a backhaul on each resulting segment is operationally feasible.
The Shipper (or Replacement Shipper in the case of a release) may
nominate service at Receipt and Delivery Points for the path segment that
results in a reverse flow from the original path; however, such a