Millennium Pipeline Company, L. L. C.
Original Volume No. 1
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Effective Date: 12/22/2008, Docket: CP98-150-011, Status: Effective
Original Sheet No. 204 Original Sheet No. 204
GENERAL TERMS AND CONDITIONS
(Continued)
(c) Transporter shall adjust the capacity available to such
Shipper to avoid the emergency to the extent such adjustment can be made
without creating any other emergency for other Shippers of firm service or
jeopardizing Transporter's operations. Capacity shall be made available by
increasing the pro rata interruption of other Shippers (to the extent that an
emergency is not created for any such Shipper) in accordance with Section
16.4. Any additional capacity made available hereunder shall not exceed the
lesser of (1) the minimum quantity of capacity necessary to alleviate the
emergency situation, or (2) that quantity which, when added to the capacity
already available, would equal Shipper's contractual entitlement at the
relevant point(s) of delivery. Any relief granted hereunder to such Shipper
shall consist exclusively of an additional allocation of capacity, and
Transporter shall have no obligation to provide quantities of gas not
otherwise available to such Shipper under the terms of the pertinent
transportation agreement. The time during which additional capacity is made
available hereunder shall not exceed that which is necessary to alleviate the
emergency situation. Shipper shall notify Transporter immediately upon
cessation of the emergency situation. Transporter shall not be liable to any
person for any damages whatsoever resulting from Transporter's interruption
pursuant to this Section 16.5, unless such interruption is caused by the
negligence or willful misconduct of Transporter.
(d) A Shipper receiving relief under this Section shall compensate
any other Shipper whose service would not have been interrupted to the same
extent but for the relief accorded under this Section. Such compensation
shall consist of payment to such injured Shipper, by the Shipper receiving
relief, of the daily equivalent of Transporter's applicable reservation
charge for the time period and amount of capacity taken from the injured
Shipper. Payment for the capacity so taken shall be made to Transporter,
which will then credit such payment to the injured Shipper in the billing
cycle applicable to the period in which the emergency interruption occurred.
Nothing in this Section 16.5 shall limit the rights of a Shipper which has
capacity adjusted pursuant to this Section 16.5 in order to provide relief
from emergency interruption to another Shipper from seeking any damages from
such Shipper receiving relief, to the extent permitted by applicable law.