Transcolorado Gas Transmission Company LLC
Second Revised Volume No. 1
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Effective Date: 12/28/2007, Docket: RP08-167-000, Status: Effective
Original Sheet No. 256 Original Sheet No. 256 : Effective
GENERAL TERMS AND CONDITIONS
8. NOMINATIONS/SCHEDULING OF RECEIPTS AND DELIVERIES (Continued)
8.4
A. TransColorado shall have the right, without liability to
Shipper, to interrupt or curtail the transportation of gas for Shipper for
reasons of force majeure; or when necessary, to test, alter, modify, enlarge
or repair any facility or property comprising a part of, or appurtenant to,
TransColorado's pipeline system, or otherwise related to the operation
thereof. TransColorado shall endeavor to cause a minimum of inconvenience to
Shipper because of such interruptions.
B. As used in this Section 8.4, Firm Daily Quantity shall mean
the quantity of gas nominated for firm service by Shipper which TransColorado
is obligated to schedule for delivery on a firm basis for Shipper at primary
Delivery Point(s) under a firm contract on a Day.
C. Except as provided in Section 8.4D below, in the event
TransColorado fails to confirm nominations on any Day under any firm contract
equal to at least 98% of Shipper's Firm Daily Quantity for that Day, then the
applicable Reservation Charges shall be eliminated for the quantity of gas
nominated but not scheduled for delivery by TransColorado at primary points
within the Shipper's Firm Daily Quantity under the contract; provided,
however, that these charges shall not be eliminated to the extent Shipper uses
secondary point service.
D. TransColorado shall not be obligated to adjust the
Reservation Charge under any contract pursuant to Section 8.4 when
TransColorado's failure to confirm nominations on any Day equal to at least
98% of the Firm Daily Quantity:
i. is the result of the conduct of Shipper or the
upstream or downstream operator of the facilities at the Receipt or Delivery
Point; or
ii. occurs either (a) within ten (10) days following a
force majeure event as contemplated by Section 14 of these General Terms and
Conditions, or (b) prior to the date TransColorado has or should have, in the
exercise of due diligence, overcome the force majeure event, whichever occurs
first.
8.5 Pooling. TransColorado shall provide at least one pool for
purposes of facilitating the aggregation and disaggregation of gas received
into its system. The process of aggregating and disaggregating gas receipts
shall be deemed pooling.