Viking Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 01/01/2006, Docket: RP02-132-009, Status: Effective

Eighth Revised Sheet No. 52 Eighth Revised Sheet No. 52 : Effective

Superseding: Seventh Revised Sheet No. 52

 

GENERAL TERMS AND CONDITIONS

 

 

3. MEASUREMENT AND SCHEDULING OF RECEIPTS AND DELIVERIES (Continued)

 

3.9 Delegation Rights

 

A Shipper may delegate, for a term of one or more calendar months starting on

the first day of a month, to a third party responsibility for submitting and

receiving notices, making nominations, or performing other administrative

duties under any Firm Transportation Agreement under Rate Schedule FT-A or any

OBA, subject to the following conditions:

 

(a) Shipper must designate in writing the third party to whom it is delegating

its responsibilities at least three Business Days prior to the requested

effective date. Any changes to the designation must be submitted in

writing to (i) Company and (ii) Balancing Party(s) at the receipt and

delivery points through which the delegated transportation service is

received three Business Days prior to the effective date of the requested

change. Shipper's representative shall have all rights and obligations

under the Firm Transportation Agreement for the receipt and delivery

points so delegated, except that Shipper's representative cannot change

the Primary Receipt Points or Primary Delivery Points or otherwise amend

the Firm Transportation Agreement. The invoice for all activity during

the month will be presented to Shipper in accordance with these General

Terms and Conditions.

 

(b) Company may rely on communications and actions of Shipper's designated

representative for all purposes. Communications with, and actions by, the

designated representative shall be deemed communications with or actions

by Shipper. Shipper shall indemnify and hold Company harmless from suits,

actions, costs, losses and expenses (including, without limitation,

attorney's fees) arising from claims associated with Company's reliance on

the communications and actions of Shipper's designated representative,

except to the extent attributable to the negligence or misfeasance of

Company. If Shipper's representative fails to meet its obligations under

the Firm Transportation Agreement, then, without Company being obligated

to proceed against such representative, Shipper shall be liable for all

obligations under the Firm Transportation Agreement.

 

(c) A third party may administer and aggregate rights under multiple Firm

Transportation Agreements as the designated representative for one or more

Shippers; provided however, that such representative (1) shall separately

administer and account for each such Firm Transportation Agreement,

including without limitation submitting nominations and calculating any

imbalances and (2) shall utilize such Firm Transportation Agreement for

the transportation of gas for only those Shippers that have delegated the

rights and obligations under their Firm Transportation Agreement.