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. 494 Original Sheet No. 494 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(C) If any Customer wishes voluntarily to relinquish any rights to

capacity to which such Customer would be entitled under the

curtailment program, such Customer shall notify Pipeline

sufficiently in advance of the quantities which are to be

relinquished, and Pipeline shall take such relinquished quantities

into account in determining the total amount to be curtailed.

 

(D) In the event Pipeline is advised by a Customer that, absent

adjustment of the curtailment level contemplated by Section 4.2, a

Customer will be unable for the duration indicated by Customer to

avoid irreparable injury to life or property (including

environmental emergencies) or to provide for minimum plant

protection ("emergency situation"), then Pipeline shall adjust its

curtailment of all other Customers on a pro rata basis as

necessary to deliver the quantities required to avoid or mitigate

the emergency situation. While Pipeline will make adjustments in

curtailment promptly upon notification by Customer, Customer must

provide Pipeline within 24 hours of notification a sworn statement

attesting:

 

(1) to a detailed explanation of and an estimated duration for

the emergency situation. Customer shall provide Pipeline

immediate notice of the cessation of the emergency situation.

 

(2) that all sources of gas supply available to Customer,

including peak-shaving and storage, were and are being

utilized to the maximum extent possible during the duration

for which the emergency situation is in effect;

 

(3) that all interruptible services of Customer were and are

being interrupted or curtailed during the duration for which

the emergency situation is in effect; and

 

(4) that no alternate fuel could be utilized or is available to

be utilized to prevent the emergency situation.

 

Pipeline shall not be liable for granting exceptions to the

curtailment provisions of Section 4.2(A) for any Customer based

upon a request submitted by any such Customer to Pipeline under

the emergency situation relief provisions of this Section 4.2(D).

In the event the Customer does not provide the sworn statement as

required by this Section 4.2(D), then all quantities attributable

to the adjustments made by Pipeline shall be billed, in addition

to all other charges, at a rate of $25.00 per dekatherm. All

revenues attributable to such $25.00 per dekatherm charge shall be

credited, on a pro rata basis, to those Customers curtailed to a

lower quantity as a result of the anticipated sworn statement.