Kansas Pipeline Company

Original Volume No. 1

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Effective Date: 05/11/1998, Docket: CP96-152-009, Status: Effective

Original Sheet No. 228 Original Sheet No. 228 : Effective

 

GENERAL TERMS AND CONDITIONS (Continued)

9.5 Curtailment Compliance

 

(a) Without regard to any other remedy provided by law or

by the provisions hereof, Kansas Pipeline shall be

entitled to seek an order from the Commission or any

other appropriate tribunal requiring compliance with

curtailment or interruption ordered by Kansas Pipeline

in compliance with this Section 9 or any directive

from any governmental authority having jurisdiction in

the premises.

 

(b) All volumes received and/or taken in violation of

Kansas Pipeline's curtailment or interruption orders,

which deviates from the quantities set by Kansas

Pipeline in the notice of curtailment by more than

three percent (3%) on any day, shall constitute

unauthorized receipts or deliveries of Gas for

which a charge of:

 

(1) the greater of $5 or two times the daily spot

price, as defined in Section 1.6, for each Dt

which exceeds authorized delivery levels by more

than 3% through 10%

 

(2) the greater of $10 or three times the daily spot

price, as defined in Section 1.6, for each Dt

which exceeds authorized delivery levels by more

than 10% through 15%

 

(3) the greater of $15 or four times the daily spot

price, as defined in Section 1.6,for each Dt which

exceeds authorized delivery levels by more than 15%

shall be assessed in addition to any other

applicable rate, charge or penalty. Such charge

shall be applicable to all such unauthorized

receipts and deliveries following notification of

curtailment or interruption pursuant to

Section 9.6, below, which may be given by

telephone, confirmed by facsimile transmission

or any other reasonable means.

 

9.6 Situation Reports, Notices and Indemnification

 

(a) Kansas Pipeline shall provide Shipper with notice of

curtailment or interruption at a time and in a manner

that is reasonable under then existing conditions, and