Central Kentucky Transmission Company

Original Volume No. 1

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Effective Date: 05/01/2006, Docket: CP05- 48-002, Status: Effective

Original Sheet No. 158 Original Sheet No. 158 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(c) Transporter shall adjust the capacity available to such

Shipper to avoid the emergency to the extent such adjustment can be made

without creating any other emergency for other Shippers of firm service or

jeopardizing Transporter's operations. Capacity shall be made available by

increasing the pro rata interruption of other Shippers (to the extent that

an emergency is not created for any such Shipper) in accordance with

Section 16.4. Any additional capacity made available hereunder shall not

exceed the lesser of (1) the minimum quantity of capacity necessary to

alleviate the emergency situation, or (2) that quantity which, when added

to the capacity already available, would equal Shipper's contractual

entitlement at the relevant point(s) of delivery. Any relief granted

hereunder to such Shipper shall consist exclusively of an additional

allocation of capacity, and Transporter shall have no obligation to provide

quantities of gas not otherwise available to such Shipper under the terms

of the pertinent Service Agreement. The time during which additional

capacity is made available hereunder shall not exceed that which is

necessary to alleviate the emergency situation. Shipper shall notify

Transporter immediately upon cessation of the emergency situation.

Transporter shall not be liable to any person for any damages whatsoever

resulting from Transporter's interruption pursuant to this Section 16.5,

unless such interruption is caused by the negligence or willful misconduct

of Transporter.

 

(d) A Shipper receiving relief under this Section shall

compensate any other Shipper injured thereby. Such compensation shall

consist of payment to such injured Shipper, by the Shipper receiving

relief, of the daily equivalent of Transporter's applicable reservation

charge for the time period and amount of capacity taken from the injured

Shipper. Payment for the capacity so taken shall be made to Transporter,

which will then credit such payment to the injured Shipper in the billing

cycle applicable to the period in which the emergency interruption

occurred. Nothing in this Section 16.5 shall limit the rights of a Shipper

which has capacity adjusted pursuant to this Section 16.5 in order to

provide relief from emergency interruption to another Shipper from seeking

any damages from such Shipper receiving relief, to the extent permitted by

applicable law.