ANR Pipeline Company
Second Revised Volume No. 1
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Effective Date: 11/01/2006, Docket: RP06-613-000, Status: Effective
Third Revised Sheet No. 105 Third Revised Sheet No. 105 : Effective
Superseding: First Revised Sheet No. 105
GENERAL TERMS AND CONDITIONS
(Continued)
Transporter will pay the minimum Cashout rate if receipts were in
excess of the reduced receipt nomination. Any required payments
pursuant to this provision shall be combined with any Monthly
imbalance Cashout payment that is payable for such Agreement
pursuant to Section 15 of these General Terms and Conditions.
(f) Notwithstanding any other provision to the contrary, should the
quantities of Gas received from Shipper at any Receipt Point
exceed the applicable nomination and:
(1) such overdelivery, if continued, would threaten the
operational integrity of Transporter's system, Shipper, or
Shipper's supplier, shall reduce its overdeliveries at such
Receipt Point immediately upon notification from
Transporter. Failure to comply with Transporter's request to
cease overdeliveries shall subject Shipper, in addition to
the imbalance charges set forth in Section 5.1(f)(2), below,
to all costs, losses, foregone revenues and damages of any
nature whatsoever, direct or indirect; and
(2) such overdelivery affects other Shippers' receipts in a
capacity constrained segment, Shipper, or Shipper's
supplier, shall reduce its overdeliveries at such Receipt
point immediately upon notification from Transporter.
Failure to comply with Transporter's request shall create an
imbalance for all overdeliveries, for which Transporter
shall pay Shipper the minimum applicable Cashout Price.
(g) Consistent with the allocation procedures set forth in Section 14
of these General Terms and Conditions, and notwithstanding
anything contained in this Section 5.1 express or implied to the
contrary, under no circumstances shall Transporter be obligated to
deliver to any Shipper, on any Day, a quantity of Gas under any
Agreement greater than Transporter receives at Receipt Point(s) on
behalf of such Shipper for such Agreement.
(h) If an event of Force Majeure occurs and Transporter is unable
specifically and timely to implement the provisions