Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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Effective Date: 08/01/2009, Docket: RP09-815-000, Status: Effective

Second Revised Sheet No. 102 Second Revised Sheet No. 102

Superseding: First Revised Sheet No. 102

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

1.12 The term "Equivalent Volumes" shall mean the sum of the

volumes of Gas, expressed in Dth, received by UTOS for the

account of shipper at the Points of Receipt identified in

Exhibit A of the Transportation Agreement during any given

period of time, (a) reduced by (i) Shipper's Share of

compressor fuel and the Unaccounted For Gas determined by

multiplying Shipper's nominated volume for that same period

of time by the ratio of UTOS' total System compressor fuel

and Unaccounted For Gas volume during the three consecutive

calendar Months that immediately precede the calendar Month

before such period of time to UTOS' total system received

volume during the same three calendar Months (it being the

intent that the ratio used best projects UTOS' actual

compressor fuel and Unaccounted For Gas volume), and (ii)

any Gas vented as provided for in Section 7.13 during the

same period of time and (b) adjusted for any variations in

Btu content, it being the intent of the parties that the

volumes of Gas redelivered at the Point of Delivery set

forth in Exhibit A of the Transportation Agreement be the

thermal equivalent of the volumes of Gas delivered at the

Points of Receipt of such Transportation Agreement for

transportation, as adjusted in (a) above. In the event the

ownership of Gas lost as a result of an event of force

majeure can be reasonably identified, the volume thereof

shall be charged to the owner or owners so identified. With

respect to adjustment (a)(i) above, where the given period

of time under consideration is greater than one calendar

Month, each calendar Month shall be considered discretely

such that the nomination for each calendar Month, or part

thereof, shall be multiplied by the ratio derived pursuant

to (a)(i) for each corresponding calendar Month.

 

1.13 The term "F.E.R.C." or "Commission" shall mean the

Federal Energy Regulatory Commission or any Commission,

agency or other federal governmental body succeeding

substantially to the powers of such Commission.

 

1.14 The term "Gas" shall mean natural Gas, including

casinghead Gas produced with crude oil, Gas from Gas

wells and Gas from condensate wells.

 

1.15 The term "Heat Content" shall mean the number of Btu's

produced by the complete combustion at constant pressure

of the amount of anhydrous Gas which would occupy a

volume of one cubic foot at a temperature of sixty (60)

degrees Fahrenheit and an absolute pressure at 14.73

psia.