Southern Natural Gas Company
Seventh Revised Volume No. 1
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Effective Date: 03/01/2005, Docket: RP04-523-000, Status: Effective
Fourth Revised Sheet No. 212G Fourth Revised Sheet No. 212G : Suspended
Superseding: Third Revised Sheet No. 212G
GENERAL TERMS AND CONDITIONS
(Continued)
39. TRANSPORTATION DEMAND ADJUSTMENT FOR STATE REGULATORY ACTION
(a) If SHIPPER is a local distribution company, or a Hinshaw pipeline
under Section 1(c) of the Natural Gas Act, subject to the jurisdiction
of a state regulatory agency, and if said state regulatory agency issues
a final order that (i) finds SHIPPER'S aggregate firm transportation quantities
with all of its pipeline transporters to be excessive when compared to its
requirements for firm transportation service necessary to serve all of the
loads attached to its distribution system, and (ii) requires SHIPPER to reduce
such aggregate firm transportation quantities, SHIPPER may reduce its
Transportation Demand under any Service Agreement for firm transportation services
between SHIPPER and COMPANY by the amount ordered by said state regulatory agency;
provided however, that any such reduction shall be applied first to the Transportation
Demand under the Service Agreement for which SHIPPER is paying the lowest transportation
rate, calculated on a one hundred percent(100%)load factor basis, and then to the
Transportation Demand under the Service Agreement with the shortest remaining contract term.
For purposes of determining under which Service Agreement Transporter is paying the lowest
rate, any seasonally adjusted contracts shall be considered to be discounted contracts,
with such discounted transportation rate to be determined by dividing the annual revenues
under the Service Agreement by the product of the maximum monthly Transportation Demand
times 12. Such reduction shall become effective twenty-four (24) months after the date of
SHIPPER'S written notice to COMPANY that it has been ordered by the state regulatory agency
to reduce its Transportation Demand. SHIPPER'S right to reduce its Transportation Demand as
provided in this Section 39 is conditioned upon (i) SHIPPER having provided written notice
to COMPANY that its aggregate firm transportation quantities were the subject of a state
regulatory proceeding so that COMPANY had a reasonable opportunity to participate in said
proceeding, and (ii) SHIPPER having made a good faith effort to defend its aggregate firm
transportation quantities in said proceeding.
(b) SHIPPER's right to reduce its Transportation Demand under this Section 39 shall not apply
to Service Agreements executed or extended as part of a system expansion or other transaction
between COMPANY and SHIPPER where facilities on COMPANY's system are to be constructed,
modified or sold after May 20, 2004, in consideration for the contract subscription or
extension; provided, however, once the primary term of such Service Agreement or contract
extension has expired, Section 39(a) will apply to any future evergreen periods for Service
Agreements covered hereunder. Each package of capacity under SHIPPER's firm Service Agreement
for which this Section 39(b) exclusion applies will be designated by the COMPANY on the
Exhibit B to SHIPPER's Service Agreement.