06-A TXU Gas Rate - Laserfiche WebLink

Home Browse Search

(c) The term '~lant protection" means the protection of Customer's Facility described on thc signature page of this Contract and the production and processes in Customer's Facility. during the period of any curtailment of sales s~rvice or interruption of ~ansportailon service, to the extent neeessar~ to avoid damage to: (l) Customer's Facility. (2) the product during the manufacturing process. (3) or the material used to manufacture the p[odact during the manufacturing process. "Manufacture," "manufacturing," and "prodaction" may innlude processes involving Customer's uses of the 'gas sold or ~ansported that ma~e a product suitable for sale or use and may not be limited m the making of a product from raw materials. (d) For measurement, accounting and billing purposes the last volumes of gas delivered each day are deemed to be plant protection supply gas. Thc remainder of the gas delivered, ifa. ny, is deemed to be gas transported under d~e ~'ansportafion service provisions of this Contzact, giving dee consideration to thc Retention Volume, for a ~ansportation service Customer and deemed to be gas sold and delivered under the sales service provisions of this Contract for a sales service Customer. (e) Thc delivery and sale of pinnt protection supply gas will only be curtailed w less than the Plant Protection Supply Volume by TXUGD for reasons of force majeure as provided in Schedule "B," paragraph 13. (f) During periods in which a cunailmant of gas sales servlce or interraption of gas transportation service is in effect, a Customer receiving plant protection supply service that has standby fuel must use the standby fuel unless by reasons of force majeure such Customer is unable to do so. During such a period, in which such a Customer is unable to use its standby fuel for reasons of force majeure, TXUGD will provide Customer with plant protection supply service gas, except to the extent '2'XLTGD is unable to do so for reasons of force majeure.. (g) Notwithstanding any other provislon of this Con,act. to the extent a Customer recaiving plant protection supply service takes less than the Plant Protection Supply Volume during a period of curtailment of gas sales service, a period of interruption of gas transportation service or a period in which TXUGD is unable to deliver plant protection supply gas for reasons of force majeure. Customer will not be required to pay for the pordon of the Plant Protection Supply Volume that 'I'XUGD did not deliver and the Customer did not take. (h) Customer will not have a right to ta~ or purchase plant protection supply gas in excess of the Plant Protection Supply Volume during any day, (i) If Customer should take gas in excess of the Plant Prorecdon Supply Volume during a day in a period when TXUGD has no force majeure in effect, but has placed a cur~lmeat down to or below plant protection levels in effect for other reasons, Customer will pay TXUGD for such volumes in excess of the Plant Protection Supply Volume at a tare equal to the $rea~er of the highest, pr[ce paid for gas by 'FXUGD during that monthly period or 200% of the highest daily Houston Ship Channel price during that monthly period, as reported in Gas Daily. Q) If the reasons of force majeure that prevem the sale or delivery of plant protection supply gas to a transportation service Customer by TXUGD ate such that TXUGD romains capable of transporting a transportation Customer's gas from the Receipt Point(s) to the Delivery Point. TX-dOD will transport such gas to the extent it is capable. giving due regard to tho Retention Volun~. (k) Plant protection supply gas actually taken and the Plant Protection Supply Volume will not be considcred in any calculation of an imbalance in ~anspotlation volumes except tn order to exclude such purchased volumes fi.om having an effect upon such transponat.ion imbalances. (I) Billing for the sales and purchases of plant protocdon supply gas will bt in the manner described in Schedule "B," paragraph 12. 5. Laws. Regulations and Warranty (a) This Contract will be subject to all applicable state and federal laws, orders, directives, rules and regulations of any governmental body, official or agency having jurisdiction over the subject matter hereof: therefore, TXUGD's obligations and liabilities hereunder will be limited accordingly. (b) TX-,JGD's Schedule of Optional Industrial Rates may be revised or replaced from time to time in the future by a regulatory authority with jurisdiction. Any such revised or new Schedule of Optional Industrial Rates. when lawfully established, will immediately become effective and be applicable to gas sales service, gas transportation service and plant protection supply service under this Contract commencing with gas deliven~:l after the effective date of such change. Should new or different rates, or terms and conditions of service, be established for any service under this Rev 05/25/01 Attach. to Rate Sch. 4221 06