Texas Eastern Transmission Corporation

Sixth Revised Volume No. 1

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Effective Date: 06/01/1993, Docket: RS92- 11-009, Status: Effective

Original Sheet No. 319 Original Sheet No. 319 : Effective

 

RATE SCHEDULE FTS

(Continued)

 

3.3 In the event that the service agreement is effective on a date other

than the first day of the month, then, for that initial month, the Reservation

Charge hereunder shall be prorated based on the ratio of the number of days

remaining in that month starting with and including the effective date of the

service agreement to the total number of days in the month in which the initial

service occurs. A similar proration shall be made for the last month of the term

of the FTS Service Agreement if the last day of such term occurs on a day other

than the last day of a month.

 

3.4 The rates hereunder shall be adjusted to reflect the cost of each

system expansion for transportation services completed pursuant to FERC

certificate authorization in Docket Nos. CP82-446-002 and CP82-446-003.

 

3.5 Except as provided in Section 3.6 of this Rate Schedule, in the event

Pipeline fails to deliver on any one day at least 95% of the quantity of gas

requested to be delivered by Pipeline at Point(s) of Delivery which Pipeline is

obligated to deliver on a firm basis at such Point(s) of Delivery on such day up

to the MDQ, the Reservation Charge shall be decreased by the amount of the

Reservation Charge Adjustment (as set forth on Sheet No. 50 of Pipeline's FERC

Gas Tariff, Volume No. 1, as such sheet may be revised, superseded or

supplemented from time to time) multiplied by the quantity of gas not delivered

up to the lesser of the total quantity of gas requested and not delivered, or the

MDQ.

 

3.6 Pipeline shall not be obligated to adjust the Reservation Charge

pursuant to Section 3.5 when Pipeline's failure to deliver on any one day at

least 95% of the quantity of gas requested by Customer to be delivered at

Point(s) of Delivery which gas Pipeline is obligated to deliver on a firm basis

at such Point(s) of Delivery on such day up to the MDQ:

 

(A) is the result of the conduct of Customer or the downstream

operator of the facilities at the Point of Delivery;

 

(B) is the result of Pipeline having operational flow orders in effect

on such day;

 

(C) is the result, during the period from May 1 through November 1 of

any year, of Pipeline performing routine operational maintenance

and repair;

 

(D) is the result of Pipeline performing at anytime repair and

maintenance of its facilities to comply with applicable regulatory

requirements, or

 

(E) occurs either (1) within ten (10) days following a force majeure

event as contemplated by Section 17.1 of the General Terms and

Conditions, or (2) prior to the date Pipeline has or should have,

in the exercise of due diligence, overcome the force majeure

event, whichever occurs first.

 

provided, however, 3.6(C) and 3.6(D) are also subject to the notice and due

diligence requirements of Section 17.3 of the General Terms and Conditions.