Interconnection issues. (a) If <Service Provider> considers that an Interconnection Event has occurred or is likely to occur, then: (i) as soon as reasonably practicable <Service Provider> will notify (A) <User> must not deliver Gas into the AGA GDS at any Physical Gate Point affected by the Interconnection Event, unless (B) <User> must not take delivery of Gas at a Delivery Point associated with any Physical Gate Point affected by the Interconnection Event, unless <Service Provider> permits (ii) <Service Provider>, acting as a reasonable and prudent network operator38: (A) may refuse to accept, partly or wholly, any quantity of Gas at the Receipt Point associated with any Physical Gate Point affected by the Interconnection Event; and (B) may wholly or partly Curtail the quantity or pressure of Gas deliveries to <User> at a Delivery Point associated with the Receipt Point associated with any Physical Gate Point affected by the Interconnection Event. (b) If a contract that exists in respect of the Interconnection Arrangement for a Physical Gate Point associated with a Receipt Point specified in the Delivery Point Register is terminated or breached: (i) as a result of the negligence or default of <Service Provider> then, subject to this Haulage Contract, <Service Provider> is liable to 37 S 16 of the Gas Standards Act 1972 (WA) allows for regulations to be made providing for the commingling of Gas of different qualities in a distribution system, while Part 3A of the Gas Standards Regulations deals with entry and commingling of gas of different qualities. ATCO Gas Australia has an approved management plan (the Higher Heating Value Management Plan) in accordance with Regulation 17C of the Gas Standards Regulations. 38 This may be interpreted to mean a network operator who exercises that degree of reasonableness, diligence, prudence and foresight that would reasonably and ordinarily be exercised by a skilled and experienced person doing a similar thing in similar circumstances and conditions in accordance with applicable laws and standards that are at least equivalent to practices and standards generally accepted in the gas industry in Australia (this is the definition of “reasonable and prudent person” in rule 2 of the Retail Market Rules). <User> for any Direct Damage suffered by <User> as a result of an interruption or Curtailment of Gas delivery under clause 7.6(a)(ii); or (ii) other than as a result of the negligence or default of <Service Provider>, then <Service Provider> may Curtail Gas delivery under clause 7.6(a)(ii) without liability to <User>. (c) Subject to clause 7.6(d), if <User> considers that an event has occurred or is likely to occur that may constitute or cause an Interconnection Event, <User> must notify <Service Provider> of this in writing as soon as practicable. (d) It is <Service Provider>, acting as a reasonable and prudent network operator, who determines whether an event is an Interconnection Event for the purposes of this Haulage Contract. (e) Subject to clauses 7.6(f) and 21.2, <Service Provider> may disclose to an operator of an Interconnected Pipeline information which <Service Provider> determines, as a reasonable and prudent network operator, to be the minimum amount of information required to be disclosed for operational reasons relating to the interconnection of that, or any other, Interconnected Pipeline with the AGA GDS. (f) <Service Provider> must use reasonable endeavours to present any information disclosed to the operator of an Interconnected Pipeline under clause 7.6(e) in a form which does not identify details of <User>.
Appears in 1 contract
Samples: Haulage Contract
Interconnection issues. (a) If <Service Provider> considers that an Interconnection Event has occurred or is likely to occur, then:
(i) as soon as reasonably practicable <Service Provider> will notifynotify <User> in writing of the Interconnection Event, whereupon:
(A) <User> must not deliver Gas into the AGA GDS at any Physical Gate Point affected by the Interconnection Event, unlessunless <Service Provider> permits partial delivery under partial Curtailment at that Physical Gate Point; and
(B) <User> must not take delivery of Gas at a Delivery Point associated with any Physical Gate Point affected by the Interconnection Event, unless <Service Provider> permitspermits <User> to take part delivery of Gas under partial Curtailment at a Delivery Point associated with that Physical Gate Point; and
(ii) <Service Provider>, acting as a reasonable and prudent network operator38:
(A) may refuse to accept, partly or wholly, any quantity of Gas at the Receipt Point associated with any Physical Gate Point affected by the Interconnection Event; and
(B) may wholly or partly Curtail the quantity or pressure of Gas deliveries to <User> at a Delivery Point associated with the Receipt Point associated with any Physical Gate Point affected by the Interconnection Event.
(b) If a contract that exists in respect of the Interconnection Arrangement for a Physical Gate Point associated with a Receipt Point specified in the Delivery Point Register is terminated or breached:
(i) as a result of the negligence or default of <Service Provider> then, subject to this Haulage Contract, <Service Provider> is liable to and 37 S 16 of the Gas Standards Act 1972 (WA) allows for regulations to be made providing for the commingling of Gas of different qualities in a distribution system, while Part 3A of the Gas Standards Regulations deals with entry and commingling of gas of different qualities. ATCO Gas Australia has an approved management plan (the Higher Heating Value Management Plan) in accordance with Regulation 17C of the Gas Standards Regulations. 38 This may be interpreted to mean a network operator who exercises that degree of reasonableness, diligence, prudence and foresight that would reasonably and ordinarily be exercised by a skilled and experienced person doing a similar thing in similar circumstances and conditions in accordance with applicable laws and standards that are at least equivalent to practices and standards generally accepted in the gas industry in Australia (this is the definition of “reasonable and prudent person” in rule 2 of the Retail Market Rules). .
(B) may wholly or partly Curtail the quantity or pressure of Gas deliveries to
(b) If a contract that exists in respect of the Interconnection Arrangement for a Physical Gate Point associated with a Receipt Point specified in the Delivery Point Register is terminated or breached:
(i) as a result of the negligence or default of <Service Provider> then, subject to this Haulage ContractService Agreement, <Service Provider> is liable to <User> for any Direct Damage loss, damage, cost or expense suffered by <User> as a result of an interruption or Curtailment of Gas delivery under clause 7.6(a)(ii); orby
(ii) other than as a result of the negligence or default of <Service Provider>, then <Service Provider> may Curtail Gas delivery under clause 7.6(a)(ii) without liability to <User>.
(c) Subject to clause 7.6(d), if <User> considers that an event has occurred or is likely to occur that may constitute or cause an Interconnection Event, <User> must notify <Service Provider> of this in writing as soon as practicable.notify
(d) It is <Service Provider>, acting as a reasonable and prudent network operator, who determines whether an event is an Interconnection Event for the purposes of this Haulage ContractContractService Agreement.
(e) Subject to clauses 7.6(f) and 21.2, <Service Provider> may disclose to an operator of an Interconnected Pipeline information which <Service Provider> determines, as a reasonable and prudent network operator, to be the minimum amount of information required to be disclosed for operational reasons relating to the interconnection of that, or any other, Interconnected Pipeline with the AGA GDS.
(f) <Service Provider> must use reasonable endeavours to present any information disclosed to the operator of an Interconnected Pipeline under clause 7.6(e) in a form which does not identify details of <User>.
Appears in 1 contract
Samples: Haulage Contract/Service Agreement
Interconnection issues. (a) If <Service Provider> considers that an Interconnection Event has occurred or is likely to occur, then:
(i) as soon as reasonably practicable <Service Provider> will notify
(A) A. <UserCounterparty> must not deliver Gas into the AGA ATCO GDS at any Physical Gate Point affected by the Interconnection Event, unless
(B) B. <UserCounterparty> must not take delivery of Gas at a Delivery Point associated with any Physical Gate Point affected by the Interconnection Event, unless <Service Provider> permits
(ii) <Service Provider>, acting as a reasonable and prudent network operator38operator:
(A) A. may refuse to accept, partly or wholly, any quantity of Gas at the Receipt Point associated with any Physical Gate Point affected by the Interconnection Event; and
(B) B. may wholly or partly Curtail the quantity or pressure of Gas deliveries to <UserCounterparty> at a Delivery Point associated with the Receipt Point associated with any Physical Gate Point affected by the Interconnection Event.
(b) If a contract that exists in respect of the Interconnection Arrangement for a Physical Gate Point associated with a Receipt Point specified in the Delivery Point Register is terminated or breached:
(i) as a result of the negligence or default of <Service Provider> then, subject to this Haulage ContractService Agreement, <Service Provider> is liable to 37 S 16 of the Gas Standards Act 1972 (WA) allows for regulations to be made providing for the commingling of Gas of different qualities in a distribution system, while Part 3A of the Gas Standards Regulations deals with entry and commingling of gas of different qualities. ATCO Gas Australia has an approved management plan (the Higher Heating Value Management Plan) in accordance with Regulation 17C of the Gas Standards Regulations. 38 This may be interpreted to mean a network operator who exercises that degree of reasonableness, diligence, prudence and foresight that would reasonably and ordinarily be exercised by a skilled and experienced person doing a similar thing in similar circumstances and conditions in accordance with applicable laws and standards that are at least equivalent to practices and standards generally accepted in the gas industry in Australia (this is the definition of “reasonable and prudent person” in rule 2 of the Retail Market Rules). <UserCounterparty> for any Direct Damage loss, damage, cost or expense suffered by <UserCounterparty> as a result of an interruption or Curtailment of Gas delivery under clause 7.6(a)(ii); ) or
(ii) other than as a result of the negligence or default of <Service Provider>, then <Service Provider> may Curtail Gas delivery under clause 7.6(a)(ii) without liability to <User>Counterparty> .
(c) Subject to clause 7.6(d), if <UserCounterparty> considers that an event has occurred or is likely to occur that may constitute or cause an Interconnection Event, <UserCounterparty> must notify <Service Provider> of this in writing as soon as practicable.
(d) It is <Service Provider>, acting as a reasonable and prudent network operator, who determines whether an event is an Interconnection Event for the purposes of this Haulage ContractService Agreement.
(e) Subject to clauses 7.6(f) and 21.221.1, <Service Provider> may disclose to an operator of an Interconnected Pipeline information which <Service Provider> determines, as a reasonable and prudent network operator, to be the minimum amount of information required to be disclosed for operational reasons relating to the interconnection of that, or any other, Interconnected Pipeline with the AGA ATCO GDS.
(f) <Service Provider> must use reasonable endeavours to present any information disclosed to the operator of an Interconnected Pipeline under clause 7.6(e) in a form which does not identify details of <UserCounterparty>.
Appears in 1 contract
Samples: Service Agreement
Interconnection issues. (a) If <Service Provider> considers that an Interconnection Event has occurred or is likely to occur, then:
(i) as soon as reasonably practicable <Service Provider> will notifynotify <User>
(A) <User> must not deliver Gas into the AGA ATCO GDS at any Physical Gate Point affected by the Interconnection Event, unless
(B) <User> must not take delivery of Gas at a Delivery Point associated with any Physical Gate Point affected by the Interconnection Event, unless <Service Provider> permitspermits <User> to take part delivery of Gas under partial Curtailment at a Delivery Point associated with that Physical Gate Point; and
(ii) <Service Provider>, acting as a reasonable and prudent network operator38operator36:
(A) may refuse to accept, partly or wholly, any quantity of Gas at the Receipt Point associated with any Physical Gate Point affected by the Interconnection Event; and
(B) may wholly or partly Curtail the quantity or pressure of Gas deliveries to <User> at a Delivery Point associated with the Receipt Point associated with any Physical Gate Point affected by the Interconnection Event.
(b) If a contract that exists in respect of the Interconnection Arrangement for a Physical Gate Point associated with a Receipt Point specified in the Delivery Point Register is terminated or breached:
(i) as a result of the negligence or default of <Service Provider> then, subject to this Haulage Contract, <Service Provider> is liable to 37 35 S 16 of the Gas Standards Act 1972 (WA) allows for regulations to be made providing for the commingling of Gas of different qualities in a distribution system, while Part 3A of the Gas Standards Regulations deals with entry and commingling of gas of different qualities. ATCO Gas Australia has an approved management plan (the Higher Heating Value Management Plan) in accordance with Regulation 17C of the Gas Standards Regulations. 38 36 This may be interpreted to mean a network operator who exercises that degree of reasonableness, diligence, prudence and foresight that would reasonably and ordinarily be exercised by a skilled and experienced person doing a similar thing in similar circumstances and conditions in accordance with applicable laws and standards that are at least equivalent to practices and standards generally accepted in the gas industry in Australia (this is the definition of “reasonable and prudent person” in rule 2 of the Retail Market Rules). Receipt Point associated with any Physical Gate Point affected by the Interconnection Event.
(b) If a contract that exists in respect of the Interconnection Arrangement for a Physical Gate Point associated with a Receipt Point specified in the Delivery Point Register is terminated or breached:
(i) as a result of the negligence or default of <Service Provider> then, subject to this Service Agreement, <Service Provider> is liable to <User> for any Direct Damage loss, damage, cost or expense suffered by <User> as a result of an interruption or Curtailment of Gas delivery under clause 7.6(a)(ii); or
(ii) other than as a result of the negligence or default of <Service Provider>, then <Service Provider> may Curtail Gas delivery under clause 7.6(a)(ii) without liability to <User>.
(c) Subject to clause 7.6(d), if <User> considers that an event has occurred or is likely to occur that may constitute or cause an Interconnection Event, <User> must notify <Service Provider> of this in writing as soon as practicable.
(d) It is <Service Provider>, acting as a reasonable and prudent network operator, who determines whether an event is an Interconnection Event for the purposes of this Haulage ContractService Agreement.
(e) Subject to clauses 7.6(f) and 21.221.1, <Service Provider> may disclose to an operator of an Interconnected Pipeline information which <Service Provider> determines, as a reasonable and prudent network operator, to be the minimum amount of information required to be disclosed for operational reasons relating to the interconnection of that, or any other, Interconnected Pipeline with the AGA ATCO GDS.
(f) <Service Provider> must use reasonable endeavours to present any information disclosed to the operator of an Interconnected Pipeline under clause 7.6(e) in a form which does not identify details of <User>.
Appears in 1 contract
Samples: Service Agreement