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.