GENERAL TERMS AND CONDITIONS

(continued)


 


 

during the relevant period, or (2) to the extent that

the quantity of gas required to meet such Shipper

Emergency Situation exceeds such Shipper's firm

contractual rights. Pipeline shall not be liable for

granting exceptions to the curtailment provisions of

this Section 10 for any Shipper based upon a request

submitted by any such Shipper to Pipeline under the

Shipper Emergency Situation relief provisions of this

Section 10.6.


 

In the event Shipper does not provide the sworn

statement as required by this Section 10.6, then all

quantities attributable to the adjustments made by

Pipeline shall be billed at a rate of $50.00 per Dth

plus the cost of gas 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. All revenues attributable to such $50.00

per Dth charge shall be credited, pro rata on the basis

of the increase in curtailment caused by the invocation

of this Section 10.6, to those firm Shippers curtailed

to a lower quantity as a result of the Shipper Emergency

Situation.


 

10.7 Compensation. If a Shipper requests that Pipeline invoke GT&Cs

Section 10.6, then the requesting Shipper's invoice for such Month

shall be adjusted upward to reflect the following changes:


 

(a) an amount equal to the aggregate curtailment adjustment

quantity requested by the Shipper pursuant to GT&Cs

Section 10.6 multiplied by the Daily IT Usage Charge for

the applicable rate schedule multiplied by 3.


 

(b) All revenues attributable to such adjustment shall be

credited, on a pro rata basis, based on each firm

Shipper's additional curtailment quantity due to the

Shipper Emergency Situation divided by the aggregate of

all Shippers' additional curtailment quantity due to the

Shipper Emergency Situation, to those firm Shippers

curtailed to a lower quantity as a result of the Shipper

Emergency Situation.