Portland Natural Gas Transmission System
Second Revised Volume No. 1
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Effective Date: 09/01/2006, Docket: RP06-449-000, Status: Effective
Original Sheet No. 328 Original Sheet No. 328 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
Notwithstanding any other provision in this Section, with
regard to service under Rate Schedule IT, Transporter reserves the right,
after one (1) Business Day's notice, to subordinate service to a Shipper with
respect to any service provided to that Shipper under a discounted rate or
negotiated rate(s) in order to provide service to another Shipper if such
subordination would result in a higher unit rate to Transporter. Transporter
will afford any Shipper whose service is being subordinated pursuant to this
provision an opportunity to renegotiate its Gas Transportation Contract to
increase its unit rate, during the period the Shipper's service is being
subordinated, to maintain its priority; provided, however, if a Shipper who is
paying a discount rate or negotiated rate(s) chooses to increase the unit rate
in response to the higher offer, it must do so within one (1) Business Day,
and Transporter is obligated to accept any such increase that equals or
exceeds the higher offer. Once Shipper exercises its right to pay the higher
rate and matches or exceeds the higher offer, then it retains its priority as
between Shippers requesting service at the same rate, and priority shall be
determined as in paragraph (b)(3) if the maximum rate will be paid, or
paragraph (b)(4) above if a rate less than the maximum rate will be paid. If
Shipper is unwilling to pay the higher rate, it may not offer at a later date
to pay the higher rate and reclaim its priority.
Where multiple Nominations have the same scheduling
priority as determined by this Section 7.4(b), Transporter will allocate
capacity by the ranking provided by Shipper in accordance with Section 7.
7.5 Scheduling.
Shipper's Nomination shall be deemed to be the Scheduled Quantity
if Transporter determines, pursuant to Section 7.4 above, that adequate
capacity is available to accommodate such Nomination.
(b) In the event that Transporter determines in accordance with
Section 7.4 above that it is unable to accept all or any part of any Shipper's
Nomination, Transporter shall advise Shipper by the time set forth in Section
7.2 for each Nomination cycle of the quantity of Gas, if any, that Transporter
is prepared to make available at each Receipt and Delivery Point under each
Gas Transportation Contract.
(c) Forthwith after receiving such response from Transporter,
Shipper may provide an Intra-day Nomination to Transporter which shall be no
greater than the available capacity for each Receipt and Delivery Point. The
least of Shipper's revised Nomination, original Nomination, revised
Transporter's response to that Nomination or Shipper's Intra-day Nomination
for each Receipt and Delivery Point shall be deemed the Scheduled Quantity.