Portland Natural Gas Transmission System
Second Revised Volume No. 1
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Effective Date: 08/01/2010, Docket: RP10-885-000, Status: Effective
First Revised Sheet No. 503 First Revised Sheet No. 503
Superseding: Original Sheet No. 503
3. Shipper shall be solely responsible for securing faithful
performance by gas supplier(s) and/or any applicable upstream or downstream
shippers and transporters in all matters which may affect Transporter's
performance hereunder, and Transporter shall not be liable hereunder to
Shipper as a result of the failure of gas supplier(s) and/or any applicable
upstream or downstream shippers and transporters to so perform.
ARTICLE II - RESERVATION OF FIRM TRANSPORTATION CAPACITY
1. Shipper hereby reserves the right to cause Transporter to receive
from or for the account of Shipper at each Receipt Point on any Day such
quantities of Gas up to the MDQ for such Receipt Point as set forth on the
currently effective Schedule 1 appended hereto and Transporter shall make
available to or on behalf of Shipper at each Delivery Point on any Day such
quantities of Gas up to the MDQ for such Delivery Point as set forth on the
currently effective Schedule 2 appended hereto. Schedules 1 and 2 are hereby
incorporated as part of this Contract.
2. Transporter shall make available to Shipper the service reserved
under this Article II on the Days and for the quantities of Gas for which such
service has been reserved, subject to Shipper's compliance with the terms and
conditions of this Contract.
ARTICLE III - ALLOCATION OF OFF-PEAK CAPACITY
On any Day during the period from April 1 through October 31 that
System Capacity is not otherwise scheduled under any Rate Schedule, such
capacity will be allocated pro rata to Rate Schedule FT Shippers whose Gas
Transportation Contracts have initial terms of twenty (20) Years or longer,
based on these Shippers' annual reservation charges under Rate Schedules FT.
ARTICLE IV - RATE
1. For each Month, Shipper agrees to pay the Recourse Usage Rate, or
a negotiated usage rate mutually agreed to in writing by Shipper and
Transporter, multiplied by the sum of the Delivery Point Scheduled Quantity or
Quantities during such Month; provided, however, that in the event that
Transporter determines, in its sole discretion on a basis that is not unduly
discriminatory, or otherwise pursuant to this Contract, to render service on
behalf of Shipper for a discounted usage rate, Transporter shall notify
Shipper in writing of the amount of such discounted usage rate, the Day(s) on
which such rate shall be in effect and the quantities to which such rate
applies. For each DTH of Scheduled Quantity to which a discounted usage rate
applies, as set forth in Transporter's notice, Shipper agrees to pay and shall
pay the applicable discounted usage rate in lieu of the maximum usage rate.