Steckman Ridge, LP
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective
Original Sheet No. 289 Original Sheet No. 289
GENERAL TERMS AND CONDITIONS
(Continued)
29. FORCE MAJEURE (continued)
29.3 Except as provided in Section 29.4 below, in the event Steckman
Ridge fails to receive and inject, or withdraw and deliver, on any
Gas Day at least 95% of the quantity of Gas scheduled to be
received from Customer and injected by Steckman Ridge or withdrawn
by Steckman Ridge and delivered to Customer which Steckman Ridge
is obligated to receive and inject or withdraw and deliver, as
applicable, pursuant to any of Steckman Ridge's firm services up
to the MDIQ or MDWQ, as applicable, specified in Exhibit B to
Customer's Firm Storage Service Agreement, the Reservation Charge
shall be decreased by the amount of the Reservation Charge
specified in Exhibit B to Customer's Firm Storage Service
Agreement multiplied by the quantity of Gas not received or
delivered up to the lesser of the total quantity of Gas requested
and not received or delivered, or the MDIQ or MDWQ, as applicable,
specified in Exhibit B to Customer's Firm Storage Service
Agreement.
29.4 Steckman Ridge shall not be obligated to adjust the Reservation
Charge pursuant to Section 29.3 above when Steckman Ridge's
failure to deliver on any Gas Day the quantities described in
Section 29.3 above occurs (a) either (1) within ten (10) days
following a Force Majeure event as contemplated by Section 29.1
above, or (2) prior to the date Steckman Ridge has or should have,
in the exercise of due diligence, overcome the Force Majeure
event, whichever occurs first; (b) as the result of the conduct of
Customer or the upstream or downstream of facilities at a Point of
Receipt or Point of Delivery; (c) as the result of Steckman Ridge
having an OFO or Action Alert in effect on such Gas Day; or (d) as
the result of Steckman Ridge performing at any time repair and
maintenance of its facilities to comply with applicable regulatory
requirements.