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. 335 Original Sheet No. 335 : Effective
RATE SCHEDULE FTS-4
(Continued)
3.3 In the event that the service agreement is effective on a date other
than the first day of the month or the date of any subsequent change in
Customer's MDQ is 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-4 Service Agreement if the last day of such
term occurs on a day other than the last day of a month.
3.4 Except as provided in Section 3.5 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Gas Tariff, Volume No. 1, as such sheet may be revised, superseded or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.
3.5 Pipeline shall not be obligated to adjust the Reservation Charge
pursuant to Section 3.4 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, 3.5(C) and 3.5(D) are also subject to the notice and due
diligence requirements of Section 17.3 of the General Terms and Conditions.