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).