Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
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Effective Date: 01/07/2008, Docket: RP08-113-000, Status: Effective
First Revised Sheet No. 244 First Revised Sheet No. 244 : Effective
Superseding: Original Sheet No. 244
GENERAL TERMS AND CONDITIONS
(continued)
8. CURTAILMENT (continued)
Pipeline is obligated to deliver on a firm basis at such
Point(s) of Delivery on such Day up to the MDTQ, the
Reservation Charge shall be decreased by an amount equal to
the Reservation Charge on a 100% load factor basis
multiplied by the quantity of gas not delivered up to the
lesser of the total quantity of gas requested and not
delivered, or the MDTQ. The 100% load factor Reservation
Charge shall be discounted in the case of an executed
Service Agreement containing a discounted Reservation
Charge in the same proportion such Reservation Charge is
discounted from the maximum Reservation Charge.
8.9 Pipeline shall not be obligated to adjust the Reservation
Charge pursuant to Section 8.8 above, 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 MDTQ:
(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 any time
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 26 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, (c) and (d)
are also subject to the notice and due diligence
requirements of Section 26 of the General Terms and
Conditions (Force Majeure).