National Fuel Gas Supply Corporation
Fourth Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/21/2010, Docket: RP10-504-000, Status: Effective
First Revised Sheet No. 448 First Revised Sheet No. 448
Superseding: Original Sheet No. 448
GENERAL TERMS AND CONDITIONS
25. PROVISIONS APPLICABLE ONLY TO RATE SCHEDULES SS-1 AND SS-2 (Cont'd.)
25.10 Force Majeure (Cont'd.)
order of any court or governmental authority having jurisdiction
and any other cause, whether of the kind herein enumerated, or
otherwise caused or occasioned by or happening on account of the
act or omission of one of the parties to the Service Agreement
between Transporter and Buyer or some person or concern not a
party thereto, not within the reasonable control of the party
claiming relief from liability and which by the exercise of due
diligence such party is unable to prevent or overcome. A failure
to settle or prevent any strike or other controversy with
employees or with anyone purporting or seeking to represent
employees shall not be considered to be a matter within the
control of the party claiming relief from liability.
(b) Liabilities Not Relieved. The provisions of Transporter's
General Terms and Conditions Subsection 8.2 shall be applicable
to Rate Schedules SS-1 and SS-2.
25.11 Storage Field Losses
In the event of a loss of gas from one or more storage fields
utilized by Transporter resulting from force majeure, such loss
shall be allocated among Transporter and each Shipper receiving
service under the ESS, FSS, ISS, SS-1 or SS-2 Rate Schedule or in
proportion to the quantities of gas (excluding base gas) of each
in storage immediately prior thereto as reasonably determined by
Transporter, and if such extraordinary loss exceeds the top gas
balances of Transporter and all such Shippers, such excess will
be deemed to be from Transporter's base gas. Losses of gas from
storage fields utilized by Transporter that are not losses
resulting from Transporter's top gas balance, and, to the extent
such losses exceed Transporter's top gas balance, such excess
will be deemed to be from Transporter's base gas. For purposes
of this Section 25.11, a loss of gas resulting from force majeure
is a loss caused by any acts of God, strikes, lockouts, acts of
the public enemy, wars, blockades, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, storms,
floods, washouts, arrests and restraints of rules and peoples,
civil disturbances, explosions, breakage or accident to machinery
or line of pipe, line freeze-ups, or similar causes.