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.