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. 53 Original Sheet No. 53 : Effective

 

22. CONSTRUCTION OF FACILITIES

 

22.1 Obligation to Construct: Transporter will have no obligation to

construct any facilities but if it elects to construct facilities

on a Shipper's behalf under this Tariff, it will do so on a non-

discriminatory basis, provided, however, Transporter shall not be

obligated to construct facilities hereunder that will result in

the expansion or diminishment of Transporter's pipeline system or

that will place Transporter at risk for recovering costs of

facilities built to satisfy individual Shippers. Unless

Transporter agrees otherwise, Transporter will own and operate all

facilities constructed.

 

22.2 Cost of Facilities: Shippers which request service that requires

construction of facilities by Transporter shall reimburse

Transporter for the costs of preparing facility cost estimates

(including any engineering or related study costs) and shall also

reimburse Transporter for the costs of such facilities consistent

with the provisions of the applicable Rate Schedule.

 

23. INCORPORATION IN RATE SCHEDULES AND SERVICE AGREEMENTS

 

These General Terms and Conditions are incorporated in and are a part of

Transporter's Rate Schedules, FT Agreements and IT Agreements. To the

extent that any provision of a transportation service agreement

conflicts with any provision of the corresponding rate schedule, the

provisions in the Rate Schedule shall govern. To the extent that any

provision in either a transportation service agreement or a Rate

Schedule conflicts with any of these General Terms and Conditions, the

General Terms and Conditions shall govern unless expressly waived.

 

24. OPERATIONAL PURCHASES AND SALES OF GAS

 

Transporter may make purchases and sales of gas from time to time

incidental to Transporter's transportation functions, including

maintaining adequate line pack. Further, in order to alleviate

conditions that threaten the integrity of its system, Transporter may

periodically acquire quantities of gas that are in excess of its long-

term system needs. Transporter shall have the right to make sales of

such excess gas from time to time at receipt points pursuant to the

terms of the blanket certificate of public convenience and necessity

available for use by Transporter pursuant to the Commission's

Regulations at 18 C.F.R. Section 284.284(6) and to the Commission's

Order No. 636. Such sales shall be made under rates, terms and

conditions mutually agreed upon between Transporter and purchasers.