Iroquois Gas Transmission System, L.P.
FIRST REVISED VOLUME NO. 1
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Effective Date: 07/31/1995, Docket: RP95-406-000, Status: Effective
First Revised Sheet No. 86 First Revised Sheet No. 86 : Effective
Superseding: ORIGINAL SHEET NO. 86
GENERAL TERMS AND CONDITIONS (Continued)
Section 21, except in the event that such failure is caused
by the negligence or intentional misconduct of Transporter.
Transporter shall be obligated to refund demand charges
collected from firm shippers applicable to days in which firm
service is interrupted, if and to the extent that Transporter
is reimbursed for such demand charges through insurance
proceeds and such shipper is not recompensed for such demand
charges through any other primary insurance. Such refunds
shall be computed by allocating to each firm shipper for which
service was interrupted a pro rata share of the attributable
insurance proceeds received by Transporter based on the
proportion that the eligible amount of each such shipper's
affected demand charge payments bears to the sum of the
eligible amounts of all such shippers' affected demand charge
payments. The affected demand charge payments for each shipper
shall be computed by multiplying the daily applicable
Transportation Demand Rate by the quantity of gas not delivered
by reason of the interruption in firm service, not to exceed
such shipper's Maximum Input Quantity. The eligible amount of
such affected demand charge payments shall be the portion of
the affected demand charge payments for which the shipper is
not eligible to be recompensed through other primary insurance.
For purposes of this paragraph, the applicable daily
Transportation Demand Rate shall be determined by multiplying
the Transportation Demand Rate applicable to the service that
was interrupted by twelve (12) and dividing the product by 365.
Nothing herein shall obligate a firm shipper to maintain
primary insurance which recompenses it, in whole or in part,
for demand charges paid on days when Transporter interrupts
service.
21.3 Unavailability Of Firm Capacity. In the event
Transporter is unable, wholly or in part, to make capacity
available for transportation of the Maximum Input Quantities
to which all Shippers are entitled under their Gas
Transportation Contracts with Transporter on any day, then
Shipper shall be entitled to such proportion of the total
impaired transportation capacity as the sum of Shipper's
Maximum Input Quantities for firm transportation service