Panther Interstate Pipeline Energy, L.L.C.

Original Volume No. 1

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Effective Date: 02/01/2004, Docket: CP03-338-001, Status: Effective

Original Sheet No. 37 Original Sheet No. 37 : Effective

 

standard shall not apply in the case of deliberate

omission or misrepresentation or mutual mistake of

fact. Parties' other statutory or contractual rights

shall not otherwise be diminished by this standard.

 

(b) Upstream or Downstream Curtailment: If an upstream entity

curtails or interrupts deliveries to Transporter or a

downstream entity curtails or interrupts receipts from

Transporter, transportation by Transporter shall likewise be

curtailed or interrupted and Shipper will be responsible for

arranging adjustments of transportation quantities on all

upstream/downstream interconnecting entities.

 

9.4 Uniform Quantities: Except for changes in service as provided in

Section 9.1 of these General Terms and Conditions, Shipper shall

deliver and receive gas in essentially uniform daily quantities

and in uniform hourly quantities during any Gas Day with no

significant fluctuation to the extent reasonably practicable;

provided, however, that Transporter may waive this restriction on

hourly quantities within any Gas Day to the extent operationally

feasible in Transporter's judgment, on a basis which is not unduly

discriminatory. In addition to any other amounts chargeable to

Shipper for unauthorized imbalances, Shipper shall reimburse

Transporter for any charges or penalties incurred by Transporter

from an interconnecting entity. Notwithstanding the foregoing, if

Shipper arranges for adequate balancing services by an

interconnecting pipeline or by another capable entity and obtains

Transporter's consent for such an arrangement (which consent will

not be unreasonably withheld), then Shipper's quantities can

fluctuate relative to Scheduled Quantities to the extent balancing

support is actually provided by such an entity and no disruption

occurs to other Shippers or to Transporter's system integrity.

 

9.5 Supply Deficiencies: If Transporter experiences a supply

shortfall due to the underdelivery of supply to Transporter's

system, then: (a) if the deficient source is known, Transporter

will curtail the corresponding Shipper; or (b) if the deficient

sources are indeterminable, then, to the extent necessary and

practicable, Transporter will curtail consistent with Section 9.3

of these General Terms and Conditions.

 

9.6 Shipper Duty to Control Imbalances: A Shipper receiving any

transportation service from Transporter will use, or will cause

any party receiving or delivering Shipper's gas to use, all

reasonable efforts to ensure that receipts and deliveries of gas