Transcontinental Gas Pipe Line Company, LLC
Fourth Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
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.