Scg Pipeline Inc.
Original Volume No. 1
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Effective Date: 11/01/2003, Docket: RP03-611-000, Status: Effective
Original Sheet No.98 Original Sheet No.98 : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
10.8 Shipper shall indemnify Pipeline against and hold Pipeline harmless from
any and all damages, claims, suits, actions or proceedings whatsoever
threatened or initiated as a result of any curtailment or interruption invoked
by Pipeline; which shall include any curtailment or interruptions described in
any part of Section 10; except if such damages, claims, suits, actions or
proceedings are due to Pipeline's gross negligence, undue discrimination or
willful misconduct.
10.9
(a) In the event Pipeline fails to deliver on any one day at least 98% of
the quantity of gas scheduled which Pipeline is obligated to deliver on a firm
basis at such Delivery Points on such day up to the MDTQ, the Reservation Rate
of an affected Shipper shall be decreased by an amount equal to the
Reservation Rate on a 100% daily load factor basis multiplied by the quantity
of gas not delivered up to the lesser of the total quantity of gas scheduled
and not delivered, or the MDTQ. The 100% daily load factor Reservation Rate
shall be discounted in the case of an executed service agreement containing a
discounted Reservation Rate in the same proportion such Reservation Rate is
discounted from the maximum Reservation Rate. Provided however, the
Reservation Rate of the affected Shipper shall be decreased on a 100% daily
load factor basis for the quantity of gas scheduled to be delivered on a firm
basis, which Pipeline does not deliver due to Pipeline’s mismanagement,
negligence or willful misconduct.
(b) Pipeline shall not be obligated to adjust the Reservation Charge
pursuant to Section 10.9(a) above, when Pipeline’s failure to deliver on any
one day at least 98% of the quantity of gas requested by Shipper to be
delivered at Point(s) of Delivery which Pipeline is obligated to deliver on a
firm basis at such Point(s) of Delivery on such day up to the MDTQ:
(1) is the result of the conduct of Shipper or the downstream operator of the
facilities at the Point of Delivery;
(2) is the result of Pipeline having an OFO in effect on such day;
(3) is the result, during the period from May 1 through November 1 of any
year, of Pipeline performing routine operational maintenance and repair;