Horizon Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 07/01/2003, Docket: RP03-396-000, Status: Effective
Original Sheet No. 193C Original Sheet No. 193C : Effective
GENERAL TERMS AND CONDITIONS
(3) All recalled capacity notices must indicate
whether penalties will apply for the gas day for which quantities are
reduced due to a capacity recall.
(d) QUANTITY ALLOCATION
In the event of an intra-day capacity recall,
Horizon shall determine the allocation of capacity between the
Releasing Shipper and the Replacement Shipper(s) based upon the
Elapsed Prorata Capacity (EPC). In any recall notification provided
to Horizon, the quantity should be expressed in terms of the adjusted
total released capacity entitlements based upon EPC. EPC means that
portion of the capacity that would have theoretically been available
for use prior to the effective time of the intraday recall based upon
a cumulative uniform hourly use of the capacity. The amount of the
capacity allocated to the Replacement Shippers(s) should equal the
original released capacity less the recalled capacity that is
adjusted based upon the EPC. Horizon shall not be obligated to
deliver in excess of the total daily contract quantity of the release
as a result of any recall. The service flexibility available to
either the Releasing Shipper or the Replacement Shipper for the
subject capacity shall not be less as a result of the recall.
When capacity is recalled, it may not be reput for
the same gas day.
In the event of a dispute between the Releasing
Shipper and any other person as to the validity of any recall or
reput, or the status of the holder of the capacity rights, Horizon
shall be entitled to conclusively rely on any notice provided by the
Releasing Shipper. The Original Shipper, Replacement Shipper and/or
Subreplacement Shipper involved in any such dispute shall indemnify
and hold Horizon harmless from any costs, damages or expenses
relating to Horizon's reliance on such notice.