Southern Natural Gas Company
Original Volume No. 2
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Effective Date: 02/03/1991, Docket: RP90-139-004, Status: Effective
First Sub. First Rev. Sheet No. 616 First Sub. First Rev. Sheet No. 616 : Effective
Superseding: Original Sheet No. 616
Rate Schedule x-60 (Continued)
capacity in its existing pipeline and compression facilities not required for
its own use from time to time, Southern agrees, in accordance with all of the
terms, conditions and limitations herein set forth, to receive at the Point of
Delivery such gas as may be tendered and delivered by or for the account of
Florida and to transport and redeliver such gas to Florida at the Point of
Redelivery in the quantities, in the manner and for the term hereinafter
provided.
3. It is understood and agreed by and between the parties hereto that
Southern's pipeline facilities downstream of the Point of Delivery may become
inadequate to transport the maximum MMBTU delivery quantity hereunder through
its available excess capacity. At the written request of Florida, or with
Florida's prior approval of a written request initiated by Southern, and
subject to prior Commission authorization, Southern shall construct or cause to
be constructed the additional pipeline facilities necessary, in the sole
judgment of Southern, to increase the capacity of its then existing pipeline
facilities in accordance with the request as hereinabove set forth; provided,
however, that nothing contained herein shall affect the terms and conditions of
the service to be performed under this Agreement. Florida agrees to reimburse
Southern upon the receipt of a bill for Florida's pro rata share of any and all
actual costs, including a reasonable overhead, incurred by Southern
attributable to the additional facilities constructed hereunder, but title to
such additional pipeline facilities shall remain in Southern. 1/
III. QUANTITIES OF GAS
1. Commencing on the date of initial delivery of gas hereunder and
continuing throughout the term of this Agreement, Southern agrees, subject to
all provisions hereof, to receive such daily quantity of gas, hereinafter
referred to as "MMBTU delivery quantity", as may be tendered and delivered by
or for the account of Florida at the Point of Delivery up to a maximum delivery
rate of 45,000 MMBTU per day as measured at the point of measurement prescribed
in Section 1 of Article VIII hereof, or, at such greater or lesser rate as
Southern may accept at the time and from time to time depending upon the
operating conditions of its pipeline facilities and its own capacity
requirements.
2. Commencing on the effective date of initial delivery of gas hereunder
and continuing throughout the term of this Agreement, Southern agrees, subject
to all provisions hereof, to transport and redeliver to Florida at the Point of
Redelivery hereunder, a daily quantity of gas, hereinafter referred to as
"MMBTU redelivery quantity", which shall be equal to the MMBTU delivery
quantity, less: (i) 1% thereof, unless and until changed by written notice
from Southern due to changes in the operation of Southern's pipeline facilities
through which Florida's gas will be transported hereunder (which deductible
percentage shall be utilized by Southern, at no cost to Southern, to offset
compressor fuel, unaccounted for losses, etc., attributable to the
transportation service provided hereunder for Florida); (ii) Florida's pro rata
share of any gas which may be vented or lost for any reason other than
Southern's gross negligence from that portion of Southern's facilities being
utilized hereunder at the time of any such loss therefrom; and, (iii) fuel,
shrinkage, and other 2/
1/ As amended by agreement dated March 4, 1982.
2/ Revised fuel used and unaccounted for charge: 1.5%.