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Fifth Revised Sheet No. 35 Fifth Revised Sheet No. 35 : Superseded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