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.