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.