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
Fourth Revised Sheet No. 559 Fourth Revised Sheet No. 559
Superseding: Third Revised Sheet No. 559
GENERAL TERMS AND CONDITIONS
(Continued)
(E) Notwithstanding any provision of Section 4.2(D), however, Customer shall not be
entitled to relief under Section 4.2(D): (1) to the extent that the emergency
situation is due to the Customer's failure to have adequate transportation
arrangements in effect for the delivery of Customer's Gas at the Point(s) of
Delivery in effect hereunder during the relevant period, or (2) to the extent
that the Quantity of Gas required to meet such emergency situation exceeds such
Customer's firm contractual rights hereunder.
(F) If Pipeline is requested to invoke Section 4.2(D) then such requesting
Customer's bill for such Month shall be adjusted by the amount equal to the
aggregate curtailment adjustment quantity requested by the Customer pursuant to
Section 4.2(D) multiplied by the Reservation Charge Adjustment for the
applicable rate schedule per Dth for the applicable Zone. All revenues
attributable to such adjustment shall be credited, on a pro rata basis, based on
each Customer's additional curtailment quantity due to the emergency, divided by
the aggregate of all Customer's curtailment quantity due to the emergency
situation to those Customers curtailed to a lower quantity as a result of the
emergency situation.
(G) Curtailment Compliance:
(1) [Reserved for Future Use]
(2) All quantities tendered to Pipeline and/or taken by Customer in violation
of Pipeline's curtailment or interruption orders shall constitute
unauthorized receipts or deliveries for which a curtailment penalty equal
to three times the daily Gas Daily posting for the Day on which the
violation occurred for the high "Common" price for the geographical
region, as defined in Section 8.5(A) of the General Terms and Conditions,
in which the deviation occurred, multiplied by the quantity by which the
Customer or point operator deviated from the curtailment or interruption
order, shall be assessed.
(3) Any penalty revenue collected by Pipeline pursuant to this Section 4.2(G)
will be credited to those Customers that did not incur penalties pursuant
to this Section 4.2(G) in the Month for which penalty revenues were
received ("Non-Offending Customers"), based on the ratio of the
Reservation and Usage Charges paid during that Month by the Non-Offending
Customer to the Reservation and Usage Charges paid during that Month by
all Non-Offending Customers. Such credits shall be calculated for each
Month of the twelve (12) Month period ending August 31 of each year, and
will be included on the Non-Offending Customers' invoice for the Month
following the date of the final Commission's order approving Pipeline's
penalty disbursement report; provided however that Pipeline will
calculate and