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. 379 Original Sheet No. 379 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
20.4 Reservation Charge Reimbursement. Transporter shall be obligated
to refund reservation charges collected from firm Shippers applicable to Days
in which firm service is interrupted, only if and to the extent that
Transporter is reimbursed for such reservation charges through insurance
proceeds and such Shipper is not recompensed for such reservation charges
through any other primary insurance. Such refunds shall be computed by
allocating to each firm Shipper for which service was interrupted a pro rata
share of the attributable insurance proceeds received by Transporter based on
the proportion that the eligible amount of each such Shipper's affected
reservation charge payments bears to the sum of the eligible amounts of all
such Shippers' affected reservation charge payments. The affected reservation
charge payments for each Shipper shall be computed by multiplying the
Shipper's Daily applicable reservation rate by the quantity of Gas not
delivered by reason of the interruption in firm service, not to exceed such
Shipper's MDQ. The eligible amount of such affected reservation charge
payments shall be the portion of the affected reservation charge payments for
which the Shipper is not eligible to be recompensed through other primary
insurance. For purposes of this Section 20.4, the Shipper's Daily applicable
reservation rate under Rate Schedule FT shall be determined by multiplying the
reservation rate applicable to the service that was interrupted by twelve(12)
and dividing the product by 365. Nothing herein shall obligate a firm Shipper
to maintain primary insurance which recompenses it, in whole or in part, for
reservation charges paid on Days when Transporter interrupts service.
20.5 Unavailability of Capacity. Transporter shall not be liable to
any person for any curtailment or interruption of service to Shipper due to
Force Majeure or other unforeseen circumstances; repair, maintenance, other
construction, or testing procedures necessary to maintain operational
capability on the System; and/or efforts to comply with applicable regulatory
requirements.
20.6 Termination of Gas Transportation Contract. If either
Transporter or Shipper shall fail to perform any of the material covenants or
obligations imposed upon it by the Gas Transportation Contract, subject to the
applicable provisions of this Tariff, then in such event the other party may
at its option terminate said contract and discontinue service by proceeding as
follows: the party not in default shall cause a written notice to be served on
the party in default stating specifically the cause for terminating the
contract and declaring it to be the intention of the party giving the notice
to terminate the same; thereupon the party in default shall have thirty (30)
Days after the service of the aforesaid notice in which to remedy or remove
the cause or causes stated in the notice for terminating the contract, and if
within said period of thirty (30)