Empire Pipeline, Inc.
Original Volume No. 1
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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective
Original Sheet No. 153 Original Sheet No. 153
GENERAL TERMS AND CONDITIONS
Following the scheduling of services, Transporter shall have the right
to curtail services on a system-wide basis or segment-by-segment basis
(i) as a result of conditions of force majeure, as described at
Section 28.6 of these General Terms and Conditions, (ii) when
necessary, in Transporter's reasonable judgment, to avert a material
threat to the integrity of its system or to remedy an unexpected loss
of capacity, or (iii) when continuation of service would impair
Transporter's ability to render a service of a higher priority, as set
forth in this Section 9. The allocation procedures and priorities set
forth in this Section 9 shall apply to both system-wide and segment-
by-segment limitations or curtailments, insofar as is possible.
Transporter will allocate capacity in the manner set forth in this
Section 9 only to the extent it is reasonably practical to do so.
It is recognized that the allocation of Transporter's capacity may be
affected by the capabilities of Transporter's measurement, control and
communication equipment, as it exists from time to time, the
operational requirements of Transporter or by factors beyond the
control of Transporter, including but not limited to variations in the
requirements or markets served by Transporter.
In the event of a curtailment of service under this provision,
Transporter shall provide such notice as is reasonable under the
For purposes of this Section 9, a "discounted rate" shall include a
negotiated rate that is less than the maximum rate at the time in
question, and for such negotiated rates, a "discount" shall mean the
difference between the maximum rate and the negotiated rate at such