NNG - Tariff - First Revised Sheet No. 229
Northern Natural Gas Company First Revised Sheet No. 229
FERC Gas Tariff Superseding
Fifth Revised Volume No. 1 Original Sheet No. 229
GENERAL TERMS AND CONDITIONS
In the event a curtailment must be effected the smallest affected area
will be localized. Interruptible throughput will be curtailed first on the basis of
the lowest TI price first. Northern shall then curtail deliveries under LFT service
as set forth in A.1.(ii) above. Northern shall then curtail deliveries above the
level of other firm entitlement, including LFT service with no Limited Days
remaining for the month, attributed to the TBS or community in the Affected
Area before curtailing below such firm entitlement. If it is necessary to curtail
below firm entitlement, Northern will do so pro rata.
D. Emergency Exemption
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During periods of curtailment of Firm Service, upon notification by a firm
Shipper that such curtailment would result in an emergency situation where
relief from curtailment is required to forestall irreparable injury to life
or property, including environmental emergencies, Northern shall have the
right, in order to respond to such emergency, to exempt an
ultimate consumer or Shipper from curtailment under this Section. Upon receipt of
the request for exemption, Northern will adjust the curtailment of all other
shippers on a pro rata basis as necessary to deliver the quantities required
to avoid or mitigate the emergency situation. While Northern will make adjustments
in curtailment promptly upon granting the exemption, the
exempted Shipper will submit within twenty-four (24) hours to Northern a
sworn statement, including a detailed verification of the emergency
situation and the ultimate customer(s) involved and the precise volume
delivered to such consumer or consumers. In addition, the sworn statement
must attest as follows:
(i) said Shipper is serving end users who would suffer an irreparable
injury to life or property, including environmental emergencies, if
curtailed;
(ii) said Shipper has discontinued service to its interruptible customers
including Shipper's own interruptible use, and has taken all other
actions consistent with prudent operations to cope with the emergency;
(iii) said Shipper has not relied on interruptible transportation to serve
the end users referenced in (i) above at the time of curtailment;
(iv) said Shipper has not relied on purchases of interruptible gas to serve
the end users referenced in (i) above at the time of curtailment; and
(v) said Shipper at the time of curtailment has curtailed its customers not in
danger of suffering an irreparable injury to life or property, including
environmental emergencies.
The submission of an affidavit limits compensation for the gas taken by the
Shipper exempted from curtailment pursuant to this Section 19.D. above its
curtailment share to the liquidated damages pursuant to Section 19.F.1.
If no affidavit is submitted within the required period, or if the affidavit
is determined to contain false information, then the exempted Shipper will
be required to compensate the other curtailed Shippers according to Section
19.F.1. and will not be limited by said liquidated damages provision. Shipper will
also be subject to any DDVC's as set forth in Section 19. A.2.
Once Northern has called a capacity curtailment, Northern will not accept or
schedule any subsequent nomination in excess of a customer's pro rata
allocation as adjusted for this emergency exemption provision and for Section 19.E.
Northern shall not be held liable for granting an emergency exemption under
this section.
Issued by: Mary Kay Miller, V.P. Regulatory and Customer Service
Issued on: November 21, 2003 Effective: November 1, 2003
Filed to comply with order of the Federal Energy Regulatory Commission,
Docket No. RP03-398-000, issued October 31, 2003, 105 FERC 61,172
