Kentucky West Virginia Gas Company

Third Revised Volume No. 1

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Effective Date: 11/02/1998, Docket: RP99- 77-000, Status: Effective

Second Revised Sheet No. 123 Second Revised Sheet No. 123 : Superseded

Superseding: First Revised Sheet No. 123

GENERAL TERMS AND CONDITIONS (Continued)

 

process via EDI the Pipeline will send the scheduled quantity

document to the Customer unless the Customer waives the

Pipeline from sending the scheduled quantity document.

 

c. Disputed Allocations. The Customer must notify the Pipeline

of any dispute in allocations within six (6) months of the

initial month-end allocation, with a three (3) month

rebuttal period. Such time limits shall not apply in the

case of deliberate omission, misrepresentation, or mutual

mistake of fact, nor shall this provision diminish other

statutory or contractual rights of the parties.

 

13.5 Customer Acceptance

 

In the event that any Customer is scheduled to receive any portion of

its service on a pro-rated basis, and elects not to accept the

pro-rated capacity, it must notify Pipeline of its election within one

hour after receiving notification of proration of capacity. Pipeline

will then offer the relinquished quantity of pro-rated capacity to the

other Customers(s) for whom service was pro-rated.

 

13.6 Bump Policy

 

Once all or a portion of the nomination of a Customer is accepted

and scheduled pursuant to Section 13.5 during Nomination

Period, said daily scheduled service shall not be interrupted or

curtailed at any point on Pipeline's system unless: (1)

interruption or curtailment is necessary for reasons of force

majeure pursuant to Section 15 of these General Terms and

Conditions; or (2) such capacity is required to provide a higher

priority service as a result of a nomination received during the timely

nomination cycle, evening nomination cycle or intra-day nomination 1

cycle. Bumping is not allowed during the intra-day nomination 2 cycle.

The Pipeline will provide timely notification in the same manner of

notice for Operational Flow Orders in Section 16.3 of these General

Terms and Conditions to any Customer whose scheduled quantities are

bumped as a result of a timely nomination, evening nomination or

intra-day 1 nomination. In determining priority of service, firm

service at a primary or secondary point shall have higher priority than

interruptible service at the same point, and firm service at a primary

point shall have higher priority than firm service at a secondary

point.