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. 234 Original Sheet No. 234 : Effective
GENERAL TERMS AND CONDITIONS
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34.7 CRITICAL TIME
(a) Horizon shall advise Shippers on its system if it
is declaring a Critical Time, as described in Section 10.5 of
these General Terms and Conditions, and shall specify the nature
of the situation creating the Critical Time.
(b) Horizon may issue Operational Flow Orders as
described in Section 34.6 during a Critical Time.
(c) The penalty for failure to abide by an
Operational Flow Order issued during a Critical Time shall be
equal to the volume (in Dth) by which Shipper deviated from the
requirement of the Operational Flow Order multiplied by the
greater of (i) $15.00 or (ii) the sum of three hundred percent
(300%) of the highest authorized overrun rate which can be
applicable to an FTS Agreement on Horizon's system pursuant to
Section 10 of these General Terms and Conditions plus three
hundred percent (300%) of the highest Weekly Index Price used to
determine the Average Monthly Index Price (as determined in
accordance with Section 11) for the month in which the violation
occurred. Additional amounts may be billed pursuant to Section
34.10.
34.8 UNILATERAL ACTION
In the event that the actions under Sections 34.4
through 34.7 are inadequate or there is insufficient time to carry
out such procedures, Horizon may periodically have to take
unilateral action to maintain system pressure and preserve the
overall operational integrity of Horizon's system (or any portion
thereof). Horizon is authorized to use all the resources of its
system to such ends, through the integrated operation of line pack
and supply received into Horizon's system, even though gas may be
owned by a person other than the entity receiving delivery.
Horizon shall not, however, be responsible as a supplier of gas to
any Shipper.