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.