GENERAL TERMS AND CONDITIONS

(continued)


 


 

10.3 If curtailment is caused by an event occurring at a specific Receipt

Point, Delivery Point or segment on Pipeline's system, then

quantities will be curtailed at the affected point based on the

utilization of that point as firm or interruptible and in the order

specified above.


 

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

the provisions hereof, Pipeline shall be entitled to

seek an order from the Commission or any other

appropriate tribunal requiring compliance with a

curtailment order by Pipeline in compliance with this

Section 10.4. or any directive from any governmental

authority having jurisdiction in the premises.


 

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

Pipeline's curtailment orders shall constitute

unauthorized receipts or deliveries of gas for which a

penalty of $50.00 per Dth plus cost of gas shall be

assessed in addition to any other applicable rate,

charge or penalty. The cost of gas shall be the Daily

Gas Index Price for the higher of the Gas Day of receipt

and delivery, the Gas Day preceding receipt or delivery,

or the Gas Day following receipt and delivery as

applicable. Such penalty shall be applicable to all

such unauthorized receipts and deliveries following

notification of curtailment pursuant to GT&Cs Section

10.5.


 

(c) All such penalties collected by Pipeline for the

Months(s) in which such penalties were incurred shall be

accounted for as part of Pipeline's penalty revenue

sharing pursuant to GT&Cs Section 25. In the event that

there are no Non-Offending Shippers, as set forth in

GT&Cs Section 25, in a given Month, 100% of such overrun

and underdeliveries penalties shall be carried forward

to the next month. The payment of a penalty under this

Section 10.4 shall under no circumstances be considered

as giving the Shipper the right to violate a curtailment

order nor shall such payment be considered as a

substitute for any other remedy available to Pipeline or

any other Shipper against the offending Shipper for

failure to comply with a curtailment order.