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: