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.