Sea Robin Pipeline Company

First Revised Volume No. 1

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Effective Date: 12/01/1998, Docket: RP98-365-000, Status: Effective

Fifth Revised Sheet No. 35 Fifth Revised Sheet No. 35 : Superseded

Superseding: First Sub. Fourth Revised Sheet No. 35

GENERAL TERMS AND CONDITIONS

(Continued)

 

5.8 (continued)

 

(c) If during any month of transportation Shipper's total nominated quantities

for any Delivery Point vary by more than ten (10) percent of such

nominations from the total monthly quantities delivered by Transporter for

Shipper's account at that Delivery Point during such month, a scheduling

penalty shall be assessed; provided, however, that said scheduling penalty

shall not be assessed if said variance occurs solely because of Transporter's

inability to deliver gas for Shipper's account or because of an event of

force majeure. Shipper shall pay $1.00 per Dth for each Dth of gas

delivered by Transporter for the account of Shipper at each Delivery Point

in excess of the allowed variance.

 

(d) If during any day of the month the quantities of gas delivered at any

Delivery Point by Transporter for Shipper's account vary by more than ten

(10) percent from daily quantities nominated by Shipper for the Delivery

Point, a scheduling penalty shall be assessed; provided, however, that said

scheduling penalty shall not be assessed if said variance occurs solely

because of Transporter's inability to deliver gas for Shipper's account or

because of an event of force majeure. Shipper shall pay $1.00 per Dth

for each Dth of gas delivered by Transporter for the account of

Shipper at each Delivery Point in excess of allowed variance.

 

Notwithstanding the foregoing, in any month during which Transporter gives

notice of an Operational Flow Order, Transporter will bill,

and Shipper shall be obligated to pay, only the greater of the

total penalty charges calculated under Section 5.8 (a) or Section 5.8 (b), in

the case of Receipt Point variances, and the greater of the total penalty charges

calculated under Section 5.8 (c) or Section 5.8 (d), in the case of Delivery Point

variances.

 

5.9 PREDETERMINED PRIORITIES - On its nomination form, Shipper or the

service requester may provide a predetermined priority for all

of the Delivery Points, and/or Pools, and Receipt Points with associated volumes

nominated

under its Agreement to be used by Transporter to limit the deliveries under the Agreement in

the event of an interruption or reduction in Shipper's receipts of gas under said Agreement.

If Shipper or the service requester does not elect to give to Transporter such predetermined

priority, then Shipper's nominations shall be scheduled in aggregate at the Receipt and

Delivery Points on a pro rata basis.