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. 495 Original Sheet No. 495 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(E) Notwithstanding any provision of Section 4.2(D), however, Customer

shall not be entitled to relief under Section 4.2(D): (1) to the

extent that the emergency situation is due to the Customer's

failure to have adequate transportation arrangements in effect for

the delivery of Customer's gas at the Point(s) of Delivery in

effect hereunder during the relevant period, or (2) to the extent

that the quantity of gas required to meet such emergency situation

exceeds such Customer's firm contractual rights hereunder.

 

(F) If Pipeline is requested to invoke Section 4.2(D) then such

requesting Customer's bill for such month shall be adjusted by the

amount equal to the aggregate curtailment adjustment quantity

requested by the Customer pursuant to Section 4.2(D) multiplied by

the Reservation Charge Adjustment for the applicable rate schedule

per Dth for the applicable zone. All revenues attributable to

such adjustment shall be credited, on a pro rata basis, based on

each Customer's additional curtailment quantity due to the

emergency, divided by the aggregate of all Customer's curtailment

quantity due to the emergency situation to those Customers

curtailed to a lower quantity as a result of the emergency

situation.

 

(G) Curtailment Compliance:

 

(1) Without regard to any other remedy provided by law or by the

provisions hereof, Pipeline shall be entitled to seek an

order from the Commission or any other appropriate duly

constituted authority requiring compliance with curtailment

or interruption ordered by Pipeline in compliance with this

Section 4.2 or any directive from any governmental authority

having jurisdiction in the premises.

 

(2) All quantities tendered to Pipeline and/or taken by Customer

in violation of Pipeline's curtailment or interruption orders

shall constitute unauthorized receipts or deliveries for

which a charge of $25 per Dth shall be assessed. Pipeline

will provide Customer reasonable notice of such curtailment

or interruption orders and Customer shall be permitted 3

hours, or such lesser time as is required to protect the

integrity of Pipeline's system, to reduce its tenders or

takes in compliance with the curtailment or interruption

orders. If Customer adjusts its tenders or takes within such

notice period, then no charge as provided for herein, shall

be assessed.

 

(H) In the event that any upstream or downstream entity involved in

handling Customer's gas, refuses or is unable to receive from or

deliver gas to Pipeline, Pipeline shall have the right to curtail

receipts or deliveries of gas to Customer.