Stingray Pipeline Company, L. L. C.
Third Revised Volume No. 1
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Effective Date: 08/01/2009, Docket: RP08-436-004, Status: Effective
First Revised Sheet No. 330 First Revised Sheet No. 330
Superseding: Original Sheet No. 330
1.3 The transportation of Dedicated Reserves by Shipper or by Shipper's
Designee on another pipeline (other than when Stingray has invoked Force
Majeure on its pipeline system or pursuant to Section 1.5 below) is a
breach and violation of the dedication hereunder. In such event, any
discounted transportation rate granted by Stingray to Shipper or
Shipper's Designee for the transportation of Dedicated Reserves may be
revoked on a prospective basis.
1.4 In the event of interruption by Stingray due to a Force Majeure
situation, Shipper or Shipper's Designee has the right immediately to
deliver the affected Dedicated Reserves to an alternate pipeline for
transportation service during that time without penalty; provided,
however, that Shipper or Shipper's Designee, shall be required to resume
deliveries of the Dedicated Reserves to Stingray for transportation
service no later than:
(a) the first Day of the Month after receipt by Shipper or Shipper's
Designee of Stingray's notice to Shipper or Shipper's Designee to
resume deliveries of the Dedicated Reserves to Stingray, provided
that such notice is provided to Shipper or Shipper's Designee no
later than the 20th Day of a Month, or
(b) the first Day of the second Month after receipt by Shipper of
Stingray's notice to Shipper or Shipper's Designee to resume
deliveries of the Dedicated Reserves to Stingray, in the event
that such notice is made after the 20th Day of a Month.
1.5 In the event of a temporary interruption by Stingray due to an event on
Stingray's system (other than an event in the ordinary course of
business, normal operation fluctuations allowed for within Stingray's
Tariff, or a Force Majeure situation) and not an event on the facilities
of a third-party, Shipper or Shipper's Designee has the right
immediately to deliver the affected Dedicated Reserves to an alternate
pipeline for transportation service during that time without penalty;
provided, however, that Shipper or Shipper's Designee shall be required
to resume deliveries of the Dedicated Reserves to Stingray for
transportation service as soon as reasonably possible or operationally
practicable but no more than two (2) Business Days following a posting
by Stingray on its Interactive Internet Website that the interruption by
Stingray has ceased.
1.6 If Stingray, for any reason, fails to provide transportation service for
the Dedicated Reserves under the FTS-2 Agreement for more than ninety
(90) consecutive Days in any twelve (12) Month period, Shipper or
Shipper's Designee may request, in writing, from Stingray a prospective
permanent release of the Dedicated Reserves for which Stingray has been
unable to provide transportation service under the FTS-2 Agreement
("Impacted Quantities"). Within sixty (60) Days following receipt of a
request from Shipper or Shipper's Designee for a permanent release of
Impacted Quantities, Stingray shall either: