Iroquois Gas Transmission System, L.P.

FIRST REVISED VOLUME NO. 1

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Effective Date: 10/01/2008, Docket: RP07-443-004, Status: Effective

FIRST REVISED SHEET NO. 70B FIRST REVISED SHEET NO. 70B

Superseding: SUBSTITUTE ORIGINAL SHEET NO. 70B

 

9.6 Failure to Conform To Delivery Point Specifications.

 

If the following conditions have been met:

 

A) the gas made available to or on behalf of Shipper

at the Delivery Point(s) fails at any time to

conform to any of the specifications set forth in

Sections 9.1, 9.3 and 9.4;

B) Transporter has posted a notice in accordance with

Delivery Point Notification Process set forth in

Section 9.8 or the Delivery Point operator receiving

the gas at the Delivery Point(s) (“Receiving Party”)

has notified Transporter of such failure to conform;

C) Receiving Party has notified Transporter that

Transporter must adhere to the applicable

Specifications; and

D) Transporter has not taken immediate action to remedy

such failure;

 

then the Receiving Party shall at its option:

 

i) refuse to accept all or part of such gas pending

correction by Transporter; or

ii) choose to accept such gas and may make changes

necessary to bring such gas into conformity with

such specifications, and Transporter shall reimburse

the Receiving Party for any reasonable expense

incurred by it in effecting such changes. The

Receiving Party is under no obligation to install

gas conditioning or other equipment of any kind

which may be necessary to accept such gas.

 

If Delivery Point operator(s) refuses to accept non-conforming

gas for any reason, Transporter reserves the right to curtail

previously scheduled service to such Delivery Point pursuant to

Section 5. The difference between the Scheduled Equivalent

Quantity and the quantity of gas that Delivery Point operator(s)

received shall be treated as an imbalance pursuant to Section 6

or the applicable OBA. The foregoing provisions respecting

curtailment and treatment of imbalances are provided for

purposes of clarification only, and do not enlarge or diminish

any rights of Transporter or Shipper set forth elsewhere in this

Tariff or that may exist in law or equity.

 

In no event shall the failure of any gas made available to or on

behalf of Shipper at any Delivery Point(s) or Loan Point(s) to

conform to any of the specifications set forth in Sections 9.1,

9.2, 9.3, or 9.4 relieve Shipper of Shipper's obligation to pay

the Transportation Commodity Charges or any applicable Park and

Loan or Hub Service charges and, if applicable, Transportation

Demand Charges.