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. 516 Original Sheet No. 516 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
Microbiological organisms, bacteria or bacterial agents include,
but are not limited to, sulfate reducing bacteria (SRB) and acid
producing bacteria (APB). Tests for bacteria or bacterial agents
shall be conducted on samples taken from the meter run or the
appurtenant piping using American Petroleum Institute (API) test
method API-RP38 or any other test method acceptable to Pipeline
and Customer which is currently available or may become available
at any time.
5.4 If the gas tendered for Customer's account to Pipeline shall fail at
any time to conform to any of the specifications set forth in this Section 5 or
in Pipeline's reasonable judgment, may cause harm to its facilities or diminish
the quality of gas in the system, then Pipeline shall have the right, after
either written, oral or telephonic notice to Customer, to refuse to accept all or
any portion of such quality deficient gas. In the event Pipeline refuses to
accept gas tendered by Customer because such gas does not conform to the
specifications set forth herein, Customer shall not be relieved of its obligation
to pay any Reservation Charge provided for in Customer's service agreement. If
the gas tendered by Pipeline for Customer's account shall fail at any time to
conform to any of the specifications set forth in this Section 5 then Customer
shall notify Pipeline of such deficiency and may, at its option, refuse to accept
delivery pending correction by Pipeline.
5.5 Notwithstanding the requirements set forth in this Section 5, Pipeline
may allow Customer to tender for service or cause to be tendered, pursuant to an
executed service agreement under Pipeline's rate schedules, gas which does not
when injected into Pipeline's pipeline meet the quality specifications set forth
in this Section 5; provided that Pipeline's acceptance of such gas shall not
adversely impact Pipeline's system facilities or operations, and provided that
Customer tenders or causes to be tendered written assurance in form and substance
satisfactory to Pipeline that Customer shall process or cause to be processed
such gas at the nearest downstream processing plant, and provided further, that
once such gas has been processed the commingled gas stream on the outlet side of
the processing plant shall be compliant with the quality specifications set forth
in this Section 5. Pipeline shall implement this Section 5.5 on a
non-discriminatory basis. Customer tendering or causing to be tendered such gas,
not Pipeline or Pipeline's other Customers, shall be obligated to bear the costs
of such processing. In the event that Customer is unwilling to provide Pipeline
written assurance that Customer has the contractual rights to process such gas
and that Customer or its designee will in fact process or cause such gas to be
processed, Pipeline shall have no obligation to allow Customer to tender and
transport such gas and Customer shall have no right to tender and transport such
gas. In the event that Pipeline's acceptance of such gas results in the
diminution in quality, quantity or economic value of gas transported for others,
Customer who injects or causes to be injected such gas into Pipeline's system
shall be liable for any damage caused thereby and such Customer shall indemnify
and hold Pipeline harmless from any damage caused thereby; provided, however,
that Customer shall not be obligated to indemnify Pipeline for any damage
resulting from Pipeline's negligence or willful misconduct in its handling of the
gas pursuant to this Section 5.5.