Oktex Pipeline Company
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 05/20/1993, Docket: RS92- 70-001, Status: Effective
Original Sheet No. 32 Original Sheet No. 32 : Effective
be served on the party in default stating specifically the cause for
terminating the contract and declaring it to be the intention of the party
giving notice to terminate the same; thereupon, the party in default shall
have thirty (30) days after the service of the aforesaid notice in which to
remedy or remove the cause or causes stated in the notice for terminating the
contract, and if within said period of thirty (30) days the party in default
does so remove and remedy said cause or causes, then such notice shall be
withdrawn and the contract shall continue in full force and effect. In case
the party in default does not so remedy and remove the cause or causes within
said period of thirty (30) days, the contract shall terminate, provided
however, that no termination shall occur if the party in default has initiated
action to cure such material default but, despite its best efforts, has been
unable to complete the cure within such thirty (30) day period and is
continuing its action to complete the cure in good faith beyond the end of the
thirty (30) day period. Except as specifically set forth in Article V of the
Gas Transportation Contract(s) between Transporter and Shipper, the
termination or cancellation of any Gas Transportation Contract shall be
pursuant to the provisions of this paragraph, shall be without prejudice to
the right of Transporter to collect any amounts then due to it for
transportation services rendered prior to the time of cancellation and shall
be without prejudice to the right of Shipper to receive any transportation
service which has not been rendered but for which Shipper has paid prior to
the time of cancellation and without waiver of any remedy to which the party
not in default may be entitled for violations of the contract.
XIII. CURTAILMENT AND INTERRUPTION
1. Transporter shall have the right to curtail or discontinue
shipments, since Transporter may obligate itself to transport, on an
interruptible basis, more gas than there may be at times capacity to transport
and redeliver through its pipeline, in whole or in part on all or a portion of
its system from time to time and at any time, under the following conditions
and in the following manner:
2. Operating or Remedial Curtailment or Interruption may be
ordered by Transporter at anytime if in Transporter's reasonable judgment
capacity or operating conditions so require or it is desirable or necessary to
make modifications, repairs or operating changes, the conduct of which will
occasion interruption, upon such notice as is reasonable under the
circumstances and in the following order, to the extent practicable:
(a) Interruptible transportation service shall be
curtailed first, commencing with interruptible service that, at the time
notice was given, was at the least rate being charged by Transporter then in
effect under Rate Schedule ITS, and then in sequence ascending in the order of
rates to the then maximum rate. For service being rendered at the same rate,
consideration shall be given to the date service was requested and the request
most proximate to the date notice is given by Transporter of the particular
curtailment or interruption shall be the first interrupted; next in order
shall be service being charged the maximum rate in sequence starting with the
service which was requested most proximate to the date notice is given by
Transporter.
(b) If, in the sequence of interruptible service
curtailments, a capacity allocation becomes necessary among Shippers paying
the same rates and having the same date of service request, Transporter shall
allocate on a pro rata basis such available capacity to such similarly
situated Shippers.
(c) Any interruptible Shipper not paying the maximum
rate may be interrupted unless the interruptible Shipper is willing to pay a
rate that will match or exceed a competing offer to pay the highest rate then
being offered up to the maximum rate for interruptible transportation service.
If any interruptible Shipper is notified by Transporter of potential
interruption due to another interruptible Shipper's willingness to pay a
higher interruptible transportation rate than the discounted interruptible
rate