Texas Gas Transmission, LLC
Third Revised Volume No. 1
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Effective Date: 09/15/2008, Docket: RP08-392-003, Status: Effective
Original Sheet No. 456 Original Sheet No. 456
No-Notice Transportation Service
NNL-SL, NNL-1, NNL-2, NNL-3, and NNL-4
b. when such overrun is due to accident to or breakage of pipelines,
machinery or equipment of the Customer; provided, however, Customer
shall promptly and diligently take such action as may be necessary and
practicable under the then existing circumstances to repair or otherwise
remedy the situation and furnish Texas Gas satisfactory evidence that
such accident or breakage was not due to Customer's gross negligence.
Whenever Texas Gas waives the penalty for Unauthorized Contract Demand
Overrun, Customer shall pay Texas Gas the daily portion of the monthly demand
rate per MMBtu of the Unauthorized Contract Demand Overrun quantity in
addition to the commodity charge payable hereunder. The daily portion of the
monthly demand rate is set forth on currently effective Sheet No. 26A of this
7. Seasonal Quantity Entitlement Overrun Charge and Nominal Penalty
7.1 If Customer and Customer's Replacement Shipper(s) take quantities of gas during
the five-month period commencing November 1 of each year in excess of the Winter
Season Quantity Entitlement, or during the seven-month period commencing April 1
of each year in excess of the Adjusted Summer Season Quantity Entitlement, such
excess shall constitute Seasonal Quantity Entitlement Overrun.
For all gas taken in excess of 100 percent of the applicable Seasonal Quantity
Entitlement, there shall be a charge consisting of the daily portion of the
monthly demand rate for the applicable zone in addition to all other charges
payable hereunder. The daily portion of the monthly demand rate is set forth on
currently effective Sheet No. 26A of this tariff.
7.2 In addition to the charge contained in Section 7.1 above and all other applicable
charges, if Customer takes quantities of gas in any season in excess of 102% of
the applicable Seasonal Quantity Entitlement, there shall be a penalty of twice
the effective FT Overrun Rate; provided, however, such seasonal penalties shall
be charged only for unauthorized seasonal overruns.
Texas Gas shall have the right, without obligation, to waive, on a non-
discriminatory basis, any penalty under this Section 7.2 for Seasonal Quantity
Entitlement Overrun if, as a result of such overrun, deliveries to Texas Gas'
other Customers were not adversely affected or if Texas Gas' pipeline operations,
including gas storage operations, were not impaired thereby.
7.3 Texas Gas will assess only one penalty for any infraction (i.e., a Customer will not
incur both unauthorized Contract Demand overrun and seasonal quantity overrun charges
or penalties based on a single infraction).