Texas Eastern Transmission, L P
Seventh Revised Volume No. 1
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Effective Date: 11/16/2009, Docket: RP10-53-000, Status: Effective
First Revised Sheet No. 558 First Revised Sheet No. 558
Superseding: Original Sheet No. 558
GENERAL TERMS AND CONDITIONS
(Continued)
(C) If any Customer wishes voluntarily to relinquish any rights to capacity to which
such Customer would be entitled under the curtailment program, such Customer
shall notify Pipeline sufficiently in advance of the quantities which are to be
relinquished, and Pipeline shall take such relinquished quantities into account
in determining the total amount to be curtailed.
(D) In the event Pipeline is advised by a Customer that, absent adjustment of the
curtailment level contemplated by Section 4.2, a Customer will be unable for the
duration indicated by Customer to avoid irreparable injury to life or property
(including environmental emergencies) or to provide for minimum plant protection
("emergency situation"), then Pipeline shall adjust its curtailment of all other
Customers on a pro rata basis as necessary to deliver the quantities required to
avoid or mitigate the emergency situation. While Pipeline will make adjustments
in curtailment promptly upon notification by Customer, Customer must provide
Pipeline within 24 hours of notification a sworn statement attesting:
(1) to a detailed explanation of and an estimated duration for the emergency
situation. Customer shall provide Pipeline immediate notice of the
cessation of the emergency situation.
(2) that all sources of Gas supply available to Customer, including peak-
shaving and storage, were and are being utilized to the maximum extent
possible during the duration for which the emergency situation is in
effect;
(3) that all interruptible services of Customer were and are being interrupted
or curtailed during the duration for which the emergency situation is in
effect; and
(4) that no alternate fuel could be utilized or is available to be utilized to
prevent the emergency situation.
Pipeline shall not be liable for granting exceptions to the curtailment
provisions of Section 4.2(A) for any Customer based upon a request
submitted by any such Customer to Pipeline under the emergency situation
relief provisions of this Section 4.2(D). In the event the Customer does
not provide the sworn statement as required by this Section 4.2(D), then
all quantities attributable to the adjustments made by Pipeline shall be
billed, in addition to all other charges, at a rate of $25.00 per
Dekatherm. All revenues attributable to such $25.00 per Dekatherm charge
shall be credited, on a pro rata basis, to those Customers curtailed to a
lower quantity as a result of the anticipated sworn statement.