NNG - Tariff - First Revised Sheet No. 230
Northern Natural Gas Company First Revised Sheet No. 230
FERC Gas Tariff Superseding
Fifth Revised Volume No. 1 Original Sheet No. 230
GENERAL TERMS AND CONDITIONS
E. Contracts to Divert Supply During A Curtailment
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Northern will make its website available for "Curtailment Supply Wanted"
and "Curtailment Supply Available" so that firm Shippers can enter into
voluntary contractual arrangements to provide for supply in the event of
a curtailment. Under such an arrangement, a curtailment supplier will,
during the period of curtailment, divert its supply by limiting its
takes up to the quantity specified in the contract within four hours of
the emergency curtailment announcement. Contract parties who do not
receive gas under said contract during a curtailment must pursue
whatever remedies they have for breach of contract.
F. Curtailment Compensation Plan
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In the event a firm Shipper, who has not entered into a contract to have
its supply diverted, as described in Section 19.E. above, has its supply
diverted during a curtailment, or is not permitted to use or schedule
capacity up to its initial pro rata curtailment share of capacity during
the curtailment due to an emergency exemption, the following
compensation procedure will be followed:
1. In the event that scheduled and confirmed flowing gas supplies are
diverted from a firm shipper, the measure of daily compensation for
supply shall be a rate of two hundred seventy-five percent (275%) of
the daily arithmetic average of the three (3) Price discovery points
of Panhandle, Tx.- Okla. Northern (demarc) and Northern (Ventura as
reported in the publication "Gas Daily" under its Daily Price
Summary column per MMBtu, for the day(s) of curtailment, plus one
hundred percent (100%) of all daily transportation demand charges.
In the event a Shipper is unable to use or schedule its capacity up
to its initial pro rata curtailment share of capacity during the
curtailment due to an emergency exemption, the measure of daily
compensation is one hundred percent (100%) of all daily
transportation demand charges for the difference between the
Shipper's initial pro rata curtailment share of capacity and the
adjusted level of pro rata curtailment capacity.
This provision for compensation is considered a liquidated damages
clause and therefore, shall be the only measure of compensation for
parties who did not receive their scheduled quantity during the
curtailment and/or were not able to use their capacity up to their
initial pro rata curtailment share of capacity. Northern will take
all reasonable steps to collect such compensation from the parties
receiving gas above their scheduled quantity or capacity above their
initial pro rata share during the curtailment and will pay any
amounts collected under this provision to the parties who did not
receive their scheduled quantity or their initial pro rata
curtailment share of capacity during the curtailment. However, in
the event Northern is unable to collect such compensation from the
responsible parties after taking all reasonable steps, Northern
shall not be liable for payment to the parties entitled to such
compensation.
2. In no event will Shippers involved in a dispute as to the diversion
of their gas during a curtailment seek to hold Northern liable for
direct or consequential damages resulting from the diversion of gas.
Further, it is clearly understood that Northern will act merely as a
conduit with respect to any role it may have in the collection of
monies as payment for diverted gas.
Issued by: Mary Kay Miller, V.P. Regulatory & Government Affairs
Issued on: January 25, 2006 Effective: February 25, 2006