Texas Eastern Transmission, L P
Seventh Revised Volume No. 1
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Effective Date: 03/14/2010, Docket: RP10-375-000, Status: Effective
Second Revised Sheet No. 417 Second Revised Sheet No. 417
Superseding: First Revised Sheet No. 417
RATE SCHEDULE FTS-4
(Continued)
3.3 In the event that the service agreement is effective on a date other than the first Day
of the Month or the date of any subsequent change in Customer's MDQ is other than the
first Day of the Month, then, for that initial Month, the Reservation Charge hereunder
shall be prorated based on the ratio of the number of Days remaining in that Month
starting with and including the effective date of the service agreement to the total
number of Days in the Month in which the initial service occurs. A similar proration
shall be made for the last Month of the term of the FTS-4 Service Agreement if the last
Day of such term occurs on a Day other than the last Day of a Month.
3.4 Except as provided in Section 3.5 of this Rate Schedule, in the event Pipeline fails to
deliver on any one Day at least 95% of the Quantity of Gas requested to be delivered
by Pipeline at Point(s) of Delivery which Pipeline is obligated to deliver on a firm
basis at such Point(s) of Delivery on such Day up to the MDQ, the Reservation Charge
shall be decreased by the amount of the Reservation Charge Adjustment (as set forth on
the Statement of Rates for Rate Schedule FTS-4 of Pipeline's FERC Gas Tariff, Volume
No. 1, as such Statement of Rates may be revised, superseded or supplemented from time
to time) multiplied by the Quantity of Gas not delivered up to the lesser of the total
Quantity of Gas requested and not delivered, or the MDQ.
3.5 Pipeline shall not be obligated to adjust the Reservation Charge pursuant to Section
3.4 when Pipeline's failure to deliver on any one Day at least 95% of the Quantity of
Gas requested by Customer to be delivered at Point(s) of Delivery which Gas Pipeline is
obligated to deliver on a firm basis at such Point(s) of Delivery on such Day up to the
MDQ:
(A) is the result of the conduct of Customer or the downstream operator of the
facilities at the Point of Delivery;
(B) is the result of Pipeline having operational flow orders in effect on such Day;
(C) is the result, during the period from May 1 through November 1 of any year, of
Pipeline performing routine operational maintenance and repair;
(D) is the result of Pipeline performing at anytime repair and maintenance of its
facilities to comply with applicable regulatory requirements, or
(E) occurs either (1) within ten (10) Days following a force majeure event as
contemplated by Section 17.1 of the General Terms and Conditions, or (2) prior
to the date Pipeline has or should have, in the exercise of due diligence,
overcome the force majeure event, whichever occurs first.
provided, however, 3.5(C) and 3.5(D) are also subject to the notice and due diligence
requirements of Section 17.3 of the General Terms and Conditions.