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.