Midwest Gas Storage, Inc.

First Revised Volume No. 1

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Effective Date: 05/15/1994, Docket: CP90-454-004, Status: Effective

Original Sheet No. 509 Original Sheet No. 509 : Effective

 

 

2.6 Shipper's Performance. If a Shipper that has executed an

Agreement for service under Rate Schedule ISS fails, on the

later of the date service is to commence or 15 days after

the Shipper executes the Agreement or the completion of

construction of any necessary facilities or the issuance of

any necessary governmental authorization, to nominate,

pursuant to Section 4.1 of these General Terms and

Conditions, a quantity of Gas for Storage, or fails, having

nominated a quantity of Gas and Midwest having scheduled

the quantity for Storage, pursuant to Section 4.3 of these

General Terms and Conditions, to tender such Gas for

Storage on the date it is scheduled, the Midwest may

terminate Shipper's Agreement and the Shipper's request for

service shall be deemed null and void and Midwest shall be

entitled to retain all deposit monies plus accrued

interest; provided, however, that the Shipper's Agreement

shall not be terminated nor shall the Shipper's request for

service be deemed null and void if the Shipper's failure to

nominate or tender is caused by an event of force majeure

on Midwest's system, as defined in Section 10 of these

General Terms and Conditions.

 

2.7 Communications

 

In offering service from time to time pursuant to this

Tariff, to a Shipper under an Agreement, Midwest may deem

any offer made by telephone or other instant communication

method to have been refused if acceptance thereof is not

communicated to Midwest within six normal working hours

after such offer.

 

3. OPERATING TOLERANCES

 

3.1 Daily Operating Tolerances. It is recognized that the

parties will be unable to control exactly the quantities of

Gas delivered and accepted hereunder on any Day, and that

the actual quantities received by Midwest may vary above or

below the actual quantities delivered on any Day. Such

variations, shall be kept to the minimum permitted by

operating conditions, and Shipper will use best efforts to

eliminate these daily imbalances as soon as possible. The