Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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Effective Date: 10/01/2003, Docket: RP03-335-000, Status: Suspended

Second Revised Sheet No. 135 Second Revised Sheet No. 135 : Suspended

Superseding: Substitute First Revised Sheet No. 135

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

13.3. Limitations. Force majeure affecting the performance hereunder by either

Shipper or UTOS however shall not relieve such Party of liability in the

event of concurring negligence or in the event of failure to use due

diligence to remedy the situation and to remove the cause in an adequate

manner and with all reasonable dispatch, nor shall such causes or

contingencies affecting such performance relieve either Party from its

obligations to make payments as determined hereunder. "Concurring

negligence," as used herein, is defined as negligence of a party that

causes, contributes substantially to the cause of, and or significantly

aggravates or prolongs the effects of, a force majeure event that the

party identifies as affecting its performance and relieving it of

liability for damages.

 

14. CURTAILMENT

 

If, on any day, UTOS determines that the capacity of its system, or any part

thereof, is insufficient to serve all transportation requirements scheduled for

such day, or to accept the quantities of gas tendered, capacity that requires

curtailment shall be curtailed so as to provide the service that is possible.

Volumes shall be curtailed in the following order: (1) pro rata among both

requests for overrun service and confirmed nominations for service under Rate

Schedule IT, up to the Maximum Daily Volumes of the shippers nominating Rate

Schedule IT service; (2) pro rata among confirmed nominations for service under

Rate Schedule I, in accordance with the provisions of Rate Schedule I set forth on

the then-applicable Sheet Nos. 21 and 22 of this tariff; and (3) pro rata among

confirmed nominations for service under Rate Schedules T and FT, up to the

Currently Effective Contract Demands or Maximum Daily Quantities, as applicable,

of the shippers nominating a point which is a primary point under their existing

Service Agreement under Rate Schedule T or FT.

 

15. Annual Charge Adjustment Provision (ACA)

 

(a) Purpose

 

Annual charges are assessed to UTOS by the Commission under Part 382 of the

Commission's Regulations prior to each fiscal year in order to cover the

cost of the operation of the FERC. For the purpose of recovering such

charges assessed UTOS by the Commission, this Section 15 establishes

pursuant to Section 154.38(d)(6) of the Commission's Regulations an ACA

Surcharge to be applicable to quantities transported under any firm or

interruptible UTOS Rate Schedules. This ACA Surcharge is in addition to

any amounts otherwise payable to UTOS under said Rate Schedules.

 

(b) Basis of the ACA Unit Charge Rate

The ACA Unit Charge Rate shall be that increment, adjusted to UTOS's

measurement base (Dekatherm) and pressure base, if required, which has

been approved by valid Commission Orders approving an annual charge unit

rate.

 

 

16. RIGHT OF FIRST REFUSAL

 

16.1 Purpose of Section. Subject to the procedures and conditions set forth

in the following subsections of this Section 16, an existing firm shipper

that is served by UTOS pursuant to a Transportation Agreement under Rate

Schedule FT of this tariff with a primary term of one year or longer

shall be afforded a right of first refusal, at the end of such primary

term or any extension thereof of one (1) year or longer, to continue its

firm capacity entitlements under the Transportation Agreement. Any such

existing firm shipper is hereinafter referred to as an "Existing

Shipper."