Transwestern Pipeline Company
Second Revised Volume No. 1
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Effective Date: 02/01/1993, Docket: RS92- 87-003, Status: Effective
2nd Revised Sheet No. 66 2nd Revised Sheet No. 66 : Effective
Superseding: 1st Revised Sheet No. 66
GENERAL TERMS AND CONDITIONS
(continued)
with employees or with anyone purporting or seeking to represent
employees shall not be considered to be a matter within the control
of the party claiming suspension.
11.2 Liabilities Not Relieved
Neither Shipper nor Transporter shall be relieved from liability in
the event of its concurring negligence or failure on its part to use
due diligence to remedy the force majeure and remove the cause with
all reasonable dispatch nor shall such causes or contingencies
affecting performance of the service agreement relieve either party
from its obligations to make payments then due for its gas
theretofore delivered.
11.3 Proration of Impaired Deliveries Due to a Gas Supply Shortage on
System Transporter's System
If due to any cause whatsoever, not limited to force majeure,
Transporter is unable because of a gas supply shortage on its system
to deliver to a purchaser of gas, under firm sales arrangements
entered into pursuant to Transporter's Subpart J, Part 284 blanket
sales certificate, the quantities of gas which Purchasers may then
require up to the quantities of gas Transporter is then obligated to
deliver to Purchasers, then deliveries to such Purchasers shall be
prorated on each customer's percent of total entitlement within each
priority:
(1) Residential and small commercial (less than 50 dth on a peak
day) uses and requirements for any school, hospital, or similar
institution, or any use the curtailment which the Secretary of
Energy determines would endanger life, health, or maintenance of
physical property.
(2) Essential agricultural uses (uses for: (a) agricultural
production, natural fiber production, natural fiber processing,
food processing, food quality maintenance, irrigation, pumping,
crop drying, or (b) as a process fuel or feedstock in the
production of fertilizer, agricultural chemicals, animal feed,
or food, which the Secretary of Agriculture determines is
necessary for full food and fiber production.
(3) Essential industrial process and feedstock uses (as determined
by the Secretary of Energy).
(4) Large commercial requirements (50 dth or more on a peak day),
firm industrial requirements for plant protection, feedstock and
process needs (not specified in (3) above), and pipeline
customer storage injection requirements.