Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

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Effective Date: 10/01/2009, Docket: RP09-980-000, Status: Effective

First Revised Sheet No. 133 First Revised Sheet No. 133

Superseding: Original Sheet No. 133

 

6.6 Any Customer that fails to comply with Pipeline's curtailment plan

shall be liable for all damages resulting from such failure to

comply.

 

6.7 Customer's failure to comply with Pipeline's curtailment plan

shall subject Customer to a penalty as set forth in Paragraph 17.3

hereof. Customer's failure to comply with Pipeline's curtailment

plan shall authorize Pipeline to take unilateral action,

including, but not limited to, restricting deliveries of Gas to

such Customer, as Pipeline in its reasonable judgment deems

necessary.

 

7. PREGRANTED ABANDONMENT

 

7.1 This Section 7 applies to Service Agreements executed pursuant to

open-access Rate Schedules governed by Commission regulations that

pregrant abandonment authorization under section 7(b) of the

Natural Gas Act (NGA).

 

7.2 Customer receiving service under a firm Service Agreement having a

primary term of less than one year (short-term Service Agreement),

or under an interruptible Service Agreement, is not entitled to

retain a right to service following the termination of such

Service Agreement. Upon termination of a short-term Service

Agreement or an interruptible Service Agreement, Pipeline shall be

deemed to have all necessary abandonment authorization under the

NGA as of such termination date.

 

7.3 Long-Term Firm Transportation Agreements

 

(a) A firm Service Agreement for transportation service having

a primary term of one year or more (long-term firm Service

Agreement) may be continued by Pipeline and Customer by

extending the term of the Service Agreement through

inclusion of a rollover or evergreen provision so that

Customer and Pipeline, upon mutual agreement, may renew or

extend the Service Agreement at the maximum rate in effect

from time to time for such service or at such rate as may

be agreed to by Pipeline and Customer.