Transcontinental Gas Pipe Line Company, LLC

Fourth Revised Volume No. 1

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Effective Date: 07/12/2009, Docket: RP09-763-000, Status: Effective

First Revised Sheet No. 353 First Revised Sheet No. 353

Superseding: Original Sheet No. 353

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

 

13. SUPPLY CURTAILMENT (Continued)

 

13.2 (c) In the event that Seller must allocate priority volumes among categories in

Section 13.2(a), Such allocation shall be implemented so that all requirements in

a category are met before any requirements in a lower category are met.

 

13.3 Relief from Curtailment in Emergency Situations

 

Seller recognizes that exceptions to the levels of curtailment resulting from this

Section 13 may be required in response to emergency situations (including

environmental emergencies) during periods of curtailment when deliveries of gas in

excess of curtailed levels are required to forestall irreparable injury to life or

property or to provide for minimum plant protection. Any Buyer seeking emergency

relief on this basis shall have the burden of establishing the nature and extent of

its problem and the minimum quantity of gas needed to avoid irreparable injury to life

or property. Seller shall not be liable for granting exceptions from curtailment

under this Section 13.3 if such exception is based upon verified information submitted

by Buyer to Seller. In no event, however, shall the protection by the provisions

hereof result in volumes delivered to Buyer in excess of its Daily Sales Entitlement.

 

When Buyer declares an emergency situation in order to forestall irreparable injury to

life or property, Buyer shall certify to Seller by affidavit:

 

(1) to the nature and extent of the emergency;

(2) that all sources of gas supply available to Buyer, including peak-shaving and

storage, have been utilized to the fullest extent possible;

(3) that all interruptible services of Buyer have been curtailed during such

emergency situation;

(4) that no alternate fuel could be utilized to prevent such emergency situation; and

(5) to a detailed plan to prevent a recurrence of similar emergency conditions.

 

13.4 Overrun of Entitlement During Curtailment

 

All quantities of gas taken by Buyer in excess of its Daily Sales Entitlement as

curtailed pursuant to this Section 13 shall be subject to the overrun penalties set

forth in Section 18 of the General Terms and Conditions of this FERC Gas Tariff.

 

13.5 Compensation

 

(a) In the event that the provisions of Section 13.2 or 13.3 are activated by Seller

as a result of a force majeure condition or an adverse governmental action, a

Buyer receiving priority relief under either Section 13.2 or 13.3 pursuant to

such activation shall pay compensation, calculated in accordance with Section

13.5(c) below, to other Buyers that experience a greater curtailment as a

consequence.

 

(b) Within thirty days after the end of a month in which Seller has granted priority

relief, Seller shall notify each Buyer that experienced greater curtailment

("Excess Curtailed Buyer") as to the volume of curtailments that such Excess

Curtailed Buyer would not have experienced but for the grant of relief (the

"Excess Curtailment Volume"), and shall notify each Buyer that experienced less

curtailment as to the additional volumes that such Buyer was allocated due to the

grant of relief. Seller shall notify all Buyers whose allocations were affected

by such relief of the pro rata allocation of the aggregate Excess Curtailment

Volume experienced by all Excess Curtailed Buyers, showing the volume of gas to

be used for the purpose of determining the amount of compensation owed to each

Excess Curtailed Buyer by each Buyer that experienced lesser curtailment. The

affected Buyers shall be responsible for resolution of any and all resulting

compensation claims between themselves.