Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 11/16/2009, Docket: RP10-53-000, Status: Effective

First Revised Sheet No. 558 First Revised Sheet No. 558

Superseding: Original Sheet No. 558





(C) If any Customer wishes voluntarily to relinquish any rights to capacity to which

such Customer would be entitled under the curtailment program, such Customer

shall notify Pipeline sufficiently in advance of the quantities which are to be

relinquished, and Pipeline shall take such relinquished quantities into account

in determining the total amount to be curtailed.


(D) In the event Pipeline is advised by a Customer that, absent adjustment of the

curtailment level contemplated by Section 4.2, a Customer will be unable for the

duration indicated by Customer to avoid irreparable injury to life or property

(including environmental emergencies) or to provide for minimum plant protection

("emergency situation"), then Pipeline shall adjust its curtailment of all other

Customers on a pro rata basis as necessary to deliver the quantities required to

avoid or mitigate the emergency situation. While Pipeline will make adjustments

in curtailment promptly upon notification by Customer, Customer must provide

Pipeline within 24 hours of notification a sworn statement attesting:


(1) to a detailed explanation of and an estimated duration for the emergency

situation. Customer shall provide Pipeline immediate notice of the

cessation of the emergency situation.


(2) that all sources of Gas supply available to Customer, including peak-

shaving and storage, were and are being utilized to the maximum extent

possible during the duration for which the emergency situation is in



(3) that all interruptible services of Customer were and are being interrupted

or curtailed during the duration for which the emergency situation is in

effect; and


(4) that no alternate fuel could be utilized or is available to be utilized to

prevent the emergency situation.


Pipeline shall not be liable for granting exceptions to the curtailment

provisions of Section 4.2(A) for any Customer based upon a request

submitted by any such Customer to Pipeline under the emergency situation

relief provisions of this Section 4.2(D). In the event the Customer does

not provide the sworn statement as required by this Section 4.2(D), then

all quantities attributable to the adjustments made by Pipeline shall be

billed, in addition to all other charges, at a rate of $25.00 per

Dekatherm. All revenues attributable to such $25.00 per Dekatherm charge

shall be credited, on a pro rata basis, to those Customers curtailed to a

lower quantity as a result of the anticipated sworn statement.