Horizon Pipeline Company, L.L.C.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 04/18/2002, Docket: CP00-129-001, Status: Effective

Original Sheet No. 143 Original Sheet No. 143 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

----------------------------

 

9.4 FAILURE TO DELIVER GAS

 

(a) To the extent that Horizon is not able to deliver

at least 95% of the service levels nominated within Shipper's MDQ

by Shipper at its primary points during the period of November 1

through March 31, Shipper shall not be liable for charges for

those volumes, up to 95% of its MDQ, which it nominated but which

Horizon was not able to provide; provided, if Horizon's inability

to provide service was the result of a properly noticed Force

Majeure, described in Section 21 of these General Terms and

Conditions, event the reduction of Shipper's reservation charges

shall not begin until the earlier of: (a) ten (10) days after the

commencement of the interruption of service caused by the Force

Majeure event, and (b) the date on which such Force Majeure event

should have been cured by Horizon, using its reasonable efforts;

provided, further, that Shipper shall not be entitled to

reservation charges reduction if the event of Force Majeure

impacting Horizon's ability to provide service has occurred with

respect to facilities owned by parties other than Horizon.

 

(b) Horizon or Shipper (1) shall exercise reasonable

diligence to schedule maintenance so as to minimize or avoid

service interruptions and (2) shall not schedule routine, non-

emergency maintenance except during the period between April 1 and

December 1, which action shall not be an excuse of performance or

event as defined under this section. No later than fifteen days

prior to the scheduled activity, Horizon will post on DART a

tentative schedule of planned maintenance, construction, test,

rehabilitation or repair activities to be performed which Horizon

anticipates may cause to fail to tender delivery of Shipper's

scheduled quantities of gas. The schedule will include the dates

the activities are scheduled to begin and end as well as the

portions of the system and capacity expected to be affected.

Horizon will endeavor to perform the activities in accordance with

the posted schedule.