Tennessee Gas Pipeline Company

FIFTH REVISED VOLUME NO. 1

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Effective Date: 10/01/2003, Docket: RP00-477-007, Status: Effective

Sub Second Revised Sheet No. 360A Sub Second Revised Sheet No. 360A : Effective

Superseding: Substitute Original Sheet No. 360A

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

4.2 Critical Day Two: In the event that Transporter determines, in its sole

discretion, that two or more of the conditions set forth in Section 4.1 above

exist, or that issuance of a Critical Day One has failed to cure the

conditions that necessitated Transporter calling a Critical Day One,

Transporter may call a Critical Day Two.

 

4.3 Notice/Follow-up Reports: Transporter may call a Critical Day by posting

notice of the Critical Day on PASSKEY no later than 10:00 p.m. CCT to be

effective by 9:00 a.m. CCT for the following gas day. In the event that

Transporter determines that it must call a Critical Day Two due to failure of

a Critical Day One to cure the conditions, Transporter shall call a Critical

Day Two to be effective no earlier than 9:00 a.m. CCT for the gas day

following the gas day that Critical Day One was in effect. In addition,

Transporter shall notify the customer of issuance of a Critical Day via

telephone. At customers' election and if the customers have provided

Transporter with e-mail addresses, Transporter shall also provide notice of a

Critical Day via e-mail to the affected customers. The Critical Day Notice

will set forth (a) the time and date of issuance, (b) the time and date of

its effectiveness, (c) whether it is a Critical Day One or Critical Day Two,

(d) the affected area, (e) the actions that Transporter's customers are

required to take in that area, (f) the anticipated duration, and (g) any

other terms which Transporter may reasonably require to ensure the

effectiveness of the Critical Day. For purposes of this Section 4,

Transporter's customers are defined as any party who has executed a service

agreement on Transporter's system, including transportation agreements,

storage agreements, supply aggregation agreements, park and loan agreements,

and balancing agreements, or their respective agents. On a quarterly basis,

Transporter will provide a written report for Critical Days in the same

manner as the reports required in Section 2.1.

 

4.4 Required Action: Upon issuance of a Critical Day, Transporter can request

that customers adjust their nominations and receipt and/or delivery flow to

equal a stated tolerance which shall be no less than their scheduled

quantities, plus or minus the greater of 2% or 500 dth. Transporter can

further require customers to adjust its hourly quantities such that the

customer will deliver and receive gas in uniform hourly quantities during

the day. Transporter can further require a customer taking service pursuant

to Rate Schedule NET to adjust its hourly quantities such that the customer

will deliver and receive gas under Rate Schedule NET in uniform hourly

quantities during the day.

 

4.5 Compliance: An OFO Recipient must comply with a Critical Day within the time

period set forth therein unless the OFO Recipient is able to demonstrate that

such compliance (a) is not within its physical control or capability; (b) is

prevented by operating conditions on a third party system which are beyond its

control; (c) is precluded by contractual restrictions with persons other than

Transporter; and/or (d) is prevented due to a force majeure event as defined

in Article X of Transporter's General Terms and Conditions. Provided that the

OFO Recipient shall make a good faith effort to comply with any such OFO,

including seeking waivers of any contractual limits with third parties or

modifications of operating conditions on third party systems. OFO Recipient

shall notify Transporter immediately if it believes that it is excused from

compliance with the OFO for any of the above stated reasons, and shall provide

Transporter with documentation sufficient to support its basis for non-

compliance.