Common use of Priority of Curtailment Clause in Contracts

Priority of Curtailment. (a) Any Curtailment of the Shipper's Total Contracted Capacity must be conducted in accordance with the Curtailment Plan. In applying the Curtailment Plan in a Point Specific Curtailment or System Curtailment, a Type of Capacity Service will only be Curtailed once all Types of Capacity Services listed below it in that column in the Curtailment Plan have been reduced to zero. (b) The general principle in clause 17.9(a) is subject to the following: (i) Any Laws regulating the priority of Capacity Services (which include capacity under a Spot Transaction) on the DBNGP. (ii) Where the Curtailment is a Point Specific Curtailment, the Curtailment Plan will be subject to any Multi-shipper Agreement relating to that Inlet Point or Outlet Point. (iii) Any Point Specific Curtailment of the Aggregated T1 Service is not a Curtailment for the purposes of this Contract and is not to be taken into account in determining whether Curtailments aggregated for a Gas Year cause the T1 Permissible Curtailment Limit to be exceeded to the extent that the Shipper is entitled to give a Renomination Notice in respect of either of the following: (A) (subject to clause 17.9(b)(iii)(B)) one or more Inlet Points or Outlet Points (as the case may be) where the Shipper has unutilised Contracted Capacity for the T1 Service at that point, in which case the Curtailment will not be taken into account in respect of an amount of capacity up to the Shipper’s unutilised Contracted Capacity for the T1 Service at that or those Inlet Points or Outlet Points (as the case may be); (B) one or more inlet points or outlet points (which may be points referred to in clause 17.9(b)(iii)(A) above) where the Shipper can otherwise utilise Capacity. (iv) If and to the extent that, because of the default, negligence, breach of contractual term, or other conduct of a shipper (in this clause 17.9(b)(iii) the defaulting shipper): (A) a reduction in Gas Transmission Capacity is caused that makes necessary any Curtailment of the use of Gas Transmission Capacity by any shipper; or (B) the Operator is entitled to refuse to Receive Gas from or Deliver Gas to any shipper (or, if applicable, to Curtail the use of Gas Transmission Capacity by any shipper), the Operator must, to the extent that it is entitled to do so, wholly refuse to Receive Gas from or Deliver Gas to the defaulting shipper and must reduce the defaulting shipper’s use of Gas Transmission Capacity of any kind (but only to the extent necessary to correct the default of the shipper) before it reduces any shippers’ (other than the defaulting shipper’s) use of Gas Transmission Capacity of any kind, and the Operator is not liable to the defaulting shipper for any Direct Damage or Indirect Damage (whatsoever) arising from that Curtailment or refusal. (v) To the extent that: (A) the use of Gas Transmission Capacity by a particular shipper would, but for this clause 17.9(b)(v), be included in an apportionment of a Curtailment; and (B) in the view of the Operator (acting fairly and reasonably) the inclusion of that Gas Transmission Capacity would because of the location of the particular shipper’s Inlet Point or Inlet Points or Outlet Point or Outlet Points in relation to the circumstances which gave rise to the need to Curtail be unlikely to wholly or partially reduce the need to Curtail any other shipper’s use of Gas Transmission Capacity, the Operator may exclude that Gas Transmission Capacity from the apportionment of Curtailments (despite what would otherwise be the Operator’s obligation to include that Gas in the apportionment). (vi) In a System Curtailment, where the Curtailment Plan is being applied to a Curtailment Area greater than a Point Specific Curtailment, the relevant shipper’s: (A) Aggregated Service which derives from Contracted Capacity for T1 Service, P1 Service or B1 Service at the Outlet Points (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located within the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) not be included in the Aggregated Service; and (2) be included in the T1 Service, P1 Service or B1 Service (as the case may be), available to the relevant shipper in the Curtailment Area; and 2021 - 2025 Access Arrangement for the DBNGP 95 (B) Aggregated Service which derives from Contracted Capacity for T1 Services, P1 Service or B1 Service at any Outlet Point (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located outside the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) be included in the Aggregated Service; (2) not be included in the T1 Service, P1 Service or B1 Service (as the case may be), available to the relevant shipper in the Curtailment Area. (vii) Despite any provision of the Curtailment Plan or any contract, the Delivery of Gas to the Shipper is at all times subject to the Operator’s absolute right to utilise part of the DBNGP’s capability to transport Gas which is required by the Operator for operational purposes in relation to the DBNGP. (viii) The Operator must enforce any rights it may have under the Alcoa Exempt Contract in relation to allocating to, and Delivering to, Alcoa no more than Alcoa’s Exempt Delivery Entitlement during a Curtailment, including taking the full benefit of any force majeure provisions of the Alcoa Exempt Contract when and to the extent that it is entitled to do so. (ix) Nothing in this clause 17 limits or affects the Operator’s right to refuse to Receive or Deliver Gas under clauses 5.3 or 5.7. (x) This clause 17 is subject to any contrary agreement reached between Shipper and other shippers as to the manner of treating Curtailments between them. (c) (i) Subject to clause 17.9(c)(ii), if when applying the Curtailment Plan there is insufficient relevant available capacity to allow all shippers their full Contracted Capacity in respect of a Type of Capacity Service for that Gas Day, then the capacity available for the Type of Capacity Service to each such shipper during a particular Gas Day during a Curtailment will (unless relevant shippers agree to the contrary) be calculated, from time to time by the Operator acting in good faith, on the basis of the following: Available Capacity x B where: Networks’ IPQ which is to be transported using that T1 Service on that Gas Day); and

Appears in 1 contract

Samples: T1 Reference Service Terms and Conditions

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Priority of Curtailment. (a) Any Curtailment of the Shipper's Total Contracted Capacity must be conducted in accordance with the Curtailment Plan. In applying the Curtailment Plan in a Point Specific Curtailment or System Curtailment, a Type of Capacity Service will only be Curtailed once all Types of Capacity Services listed below it in that column in the Curtailment Plan have been reduced to zero. (b) The general principle in clause 17.9(a) is subject to the following: (i) Any Laws regulating the priority of Capacity Services (which for the purposes of this clause include capacity under a Spot Transaction) on the DBNGP. (ii) Where the Curtailment is a Point Specific Curtailment, the Curtailment Plan will be subject to any Multi-shipper Agreement relating to that Inlet Point or Outlet Point. (iii) Any Point Specific Curtailment of the Aggregated T1 B1 Service is not a Curtailment for the purposes of this Contract and is not to be taken into account in determining whether Curtailments aggregated for a Gas Year cause the T1 B1 Permissible Curtailment Limit to be exceeded to the extent that the Shipper is entitled to give a Renomination Notice in respect of either of the following: (A) (subject to clause 17.9(b)(iii)(B)) one or more Inlet Points iInlet pPoints or Outlet Points oOutlet pPoints (as the case may be) where the Shipper has unutilised Contracted Capacity for the T1 B1 Service at that point, in which case the Curtailment will not be taken into account in respect of an amount of capacity up to the Shipper’s unutilised Contracted Capacity for the T1 B1 Service at that or those Inlet Points iInlet pPoints or Outlet Points oOutlet pPoints (as the case may be); (B) one or more inlet points or outlet points (which may be points referred to in clause 17.9(b)(iii)(A) above) where the Shipper can otherwise utilise Capacity.. 2016 2021 - 2020 2025 Access Arrangement for the DBNGP 95 (iv) If and to the extent that, because of the default, negligence, breach of contractual term, or other conduct of a shipper (in this clause 17.9(b)(iii) the defaulting shipper): (A) a reduction in Gas Transmission Capacity is caused that makes necessary any Curtailment of the use of Gas Transmission Capacity by any shipper; or (B) the Operator is entitled to refuse to Receive Gas from or Deliver Gas to any shipper (or, if applicable, to Curtail the use of Gas Transmission Capacity by any shipper), the Operator must, to the extent that it is entitled to do so, wholly refuse to Receive Gas from or Deliver Gas to the defaulting shipper and must reduce the defaulting shipper’s use of Gas Transmission Capacity of any kind (but only to the extent necessary to correct the default of the shipper) before it reduces any shippers’ (other than the defaulting shipper’s) use of Gas Transmission Capacity of any kind, and the Operator is not liable to the defaulting shipper for any Direct Damage or Indirect Damage (whatsoever) arising from that Curtailment or refusal. (v) To the extent that: (A) the use of Gas Transmission Capacity by a particular shipper would, but for this clause 17.9(b)(v), be included in an apportionment of a Curtailment; and (B) in the view of the Operator (acting fairly and reasonably) the inclusion of that Gas Transmission Capacity would because of the location of the particular shipper’s Inlet Point or Inlet Points or Outlet Point or Outlet Points in relation to the circumstances which gave rise to the need to Curtail be unlikely to wholly or partially reduce the need to Curtail any other shipper’s use of Gas Transmission Capacity, the Operator may exclude that Gas Transmission Capacity from the apportionment of Curtailments (despite what would otherwise be the Operator’s obligation to include that Gas in the apportionment). (vi) In a System Curtailment, where the Curtailment Plan is being applied to a Curtailment Area greater than a Point Specific Curtailment, the relevant Shipper'srelevant shipper’s: (A) Aggregated B1 Service which derives from Contracted Capacity for B1 Services, T1 Service, P1 Service or B1 P1 Service at the Outlet Points (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located within the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) not be included in the Aggregated B1 Service; and (2) be included in the T1 B1 Service, P1 T1 Service or B1 P1 Service (as the case may be), available to the relevant shipper Sshipper in the Curtailment Area; and 2021 - 2025 Access Arrangement for the DBNGP 95 and (B) Aggregated B1 Service which derives from Contracted Capacity for T1 B1 Services, T1 Services or P1 Service or B1 Service Services at any Outlet Point (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located outside the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) be included in the Aggregated B1 Service; (2) not be included in the T1 B1 Service, P1 T1 Service or B1 P1 Service (as the case may be), available to the relevant shipper Sshipper in the Curtailment Area. (vii) Despite any provision of the Curtailment Plan or any contract, the Delivery of Gas to the Shipper is at all times subject to the Operator’s absolute right to utilise part of the DBNGP’s capability to transport Gas which is required by the Operator for operational purposes in relation to the DBNGP. (viii) The Operator must enforce any rights it may have under the Alcoa Exempt Contract in relation to allocating to, and Delivering to, Alcoa no more than Alcoa’s Exempt Delivery Entitlement during a Curtailment, including taking the full benefit of any force majeure provisions of the Alcoa Exempt Contract when and to the extent that it is entitled to do so. (ix) Nothing in this clause 17 limits or affects the Operator’s right to refuse to Receive or Deliver Gas under clauses 5.3 or 5.7. (x) This clause 17 is subject to any contrary agreement reached between Shipper and other shippers as to the manner of treating Curtailments between them. (c) (i) Subject to clause 17.9(c)(ii), if when applying the Curtailment Plan there is insufficient relevant available capacity to allow all shippers their full Contracted Capacity in respect of a Type of Capacity Service for that Gas Day, then the capacity available for the Type of Capacity Service to each such shipper during a particular Gas Day during a Curtailment will (unless relevant shippers agree to the contrary) be calculated, from time to time by the Operator acting in good faith, on the basis of the following: Available Capacity x B A where: 2016 2021 - 2020 2025 Access Arrangement for the DBNGP 97 A = the particular shipper’s relevant Total Contracted Capacity (prior to any Curtailment) in respect of the particular Type of Capacity Service on that Gas Day (in the case of BT1 Service only, less any of the shipper’s relevant share of the Distribution Networks’ IPQ which is to be transported using that T1 BT1 Service on that Gas Day); andand B = the aggregate of relevant Total Contracted Capacity (prior to any Curtailment) in respect of the particular Type of Capacity Service across all shippers on that Gas Day (in the case of BT1 Service only, less the aggregate of the shippers’ relevant shares of the Distribution Networks’ IPQ which is to be transported using that BT1 Service on that Gas Day)

Appears in 1 contract

Samples: Reference Service Terms and Conditions

Priority of Curtailment. (a) Any Curtailment of the Shipper's Total Contracted Capacity must be conducted in accordance with the Curtailment Plan. In applying the Curtailment Plan in a Point Specific Curtailment or System Curtailment, a Type of Capacity Service will only be Curtailed once all Types of Capacity Services listed below it in that column in the Curtailment Plan have been reduced to zero. (b) The general principle in clause 17.9(a) is subject to the following: (i) Any Laws regulating the priority of Capacity Services (which for the purposes of this clause include capacity under a Spot Transaction) on the DBNGP. (ii) Where the Curtailment is a Point Specific Curtailment, the Curtailment Plan will be subject to any Multi-shipper Agreement relating to that Inlet Point or Outlet Point. (iii) Any Point Specific Curtailment of the Aggregated T1 Service is not a Curtailment for the purposes of this Contract and is not to be taken into account in determining whether Curtailments aggregated for a Gas Year cause the T1 Permissible Curtailment Limit to be exceeded to the extent that the Shipper is entitled to give a Renomination Notice in respect of either of the following: (A) (subject to clause 17.9(b)(iii)(B)) one or more Inlet Points iInlet pPoints or Outlet Points oOutlet pPoints (as the case may be) where the Shipper has unutilised Contracted Capacity for the T1 Service at that point, in which case the Curtailment will not be taken into account in respect of an amount of capacity up to the Shipper’s unutilised Contracted Capacity for the T1 Service at that or those Inlet Points iInlet pPoints or Outlet Points oOutlet pPoints (as the case may be); (B) one or more inlet points or outlet points (which may be points referred to in clause 17.9(b)(iii)(A) above) where the Shipper can otherwise utilise Capacity.. 2016 2021 - 2020 2025 Access Arrangement for the DBNGP 95 (iv) If and to the extent that, because of the default, negligence, breach of contractual term, or other conduct of a shipper (in this clause 17.9(b)(iii) the defaulting shipper): (A) a reduction in Gas Transmission Capacity is caused that makes necessary any Curtailment of the use of Gas Transmission Capacity by any shipper; or (B) the Operator is entitled to refuse to Receive Gas from or Deliver Gas to any shipper (or, if applicable, to Curtail the use of Gas Transmission Capacity by any shipper), the Operator must, to the extent that it is entitled to do so, wholly refuse to Receive Gas from or Deliver Gas to the defaulting shipper and must reduce the defaulting shipper’s use of Gas Transmission Capacity of any kind (but only to the extent necessary to correct the default of the shipper) before it reduces any shippers’ (other than the defaulting shipper’s) use of Gas Transmission Capacity of any kind, and the Operator is not liable to the defaulting shipper for any Direct Damage or Indirect Damage (whatsoever) arising from that Curtailment or refusal. (v) To the extent that: (A) the use of Gas Transmission Capacity by a particular shipper would, but for this clause 17.9(b)(v), be included in an apportionment of a Curtailment; and (B) in the view of the Operator (acting fairly and reasonably) the inclusion of that Gas Transmission Capacity would because of the location of the particular shipper’s Inlet Point or Inlet Points or Outlet Point or Outlet Points in relation to the circumstances which gave rise to the need to Curtail be unlikely to wholly or partially reduce the need to Curtail any other shipper’s use of Gas Transmission Capacity, the Operator may exclude that Gas Transmission Capacity from the apportionment of Curtailments (despite what would otherwise be the Operator’s obligation to include that Gas in the apportionment). (vi) In a System Curtailment, where the Curtailment Plan is being applied to a Curtailment Area greater than a Point Specific Curtailment, the relevant Shipper'srelevant shipper’s: (A) Aggregated T1 Service which derives from Contracted Capacity for T1 ServiceServices, P1 Service or B1 Service at the Outlet Points (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located within the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) not be included in the Aggregated T1 Service; and (2) be included in the T1 Service, P1 Service or B1 Service (as the case may be), available to the relevant shipper Sshipper in the Curtailment Area; and 2021 - 2025 Access Arrangement for the DBNGP 95 and (B) Aggregated T1 Service which derives from Contracted Capacity for T1 Services, P1 Service or B1 Service at any Outlet Point (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located outside the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) be included in the Aggregated T1 Service; (2) not be included in the T1 Service, P1 Service or B1 Service (as the case may be), available to the relevant shipper Sshipper in the Curtailment Area. (vii) Despite any provision of the Curtailment Plan or any contract, the Delivery of Gas to the Shipper is at all times subject to the Operator’s absolute right to utilise part of the DBNGP’s capability to transport Gas which is required by the Operator for operational purposes in relation to the DBNGP. (viii) The Operator must enforce any rights it may have under the Alcoa Exempt Contract in relation to allocating to, and Delivering to, Alcoa no more than Alcoa’s Exempt Delivery Entitlement during a Curtailment, including taking the full benefit of any force majeure provisions of the Alcoa Exempt Contract when and to the extent that it is entitled to do so. (ix) Nothing in this clause 17 limits or affects the Operator’s right to refuse to Receive or Deliver Gas under clauses 5.3 or 5.7. (x) This clause 17 is subject to any contrary agreement reached between Shipper and other shippers as to the manner of treating Curtailments between them. (c) (i) Subject to clause 17.9(c)(ii), if when applying the Curtailment Plan there is insufficient relevant available capacity to allow all shippers their full Contracted Capacity in respect of a Type of Capacity Service for that Gas Day, then the capacity available for the Type of Capacity Service to each such shipper during a particular Gas Day during a Curtailment will (unless relevant shippers agree to the contrary) be calculated, from time to time by the Operator acting in good faith, on the basis of the following: Available Capacity x B where: Networks’ IPQ which is to be transported using that T1 Service on that Gas Day); and2016 2021 - 2020 2025 Access Arrangement for the DBNGP 97

Appears in 1 contract

Samples: Reference Services Terms and Conditions

Priority of Curtailment. (a) Any Curtailment of the Shipper's Total Contracted Capacity must be conducted in accordance with the Curtailment Plan. In applying the Curtailment Plan in a Point Specific Curtailment or System Curtailment, a Type of Capacity Service will only be Curtailed once all Types of Capacity Services listed below it in that column in the Curtailment Plan have been reduced to zero. (b) The general principle in clause 17.9(a) is subject to the following: (i) Any Laws regulating the priority of Capacity Services (which include capacity under a Spot Transaction) on the DBNGP. (ii) Where the Curtailment is a Point Specific Curtailment, the Curtailment Plan will be subject to any Multi-shipper Agreement relating to that Inlet Point or Outlet Point. (iii) Any Point Specific Curtailment of the Aggregated T1 B1 Service is not a Curtailment for the purposes of this Contract and is not to be taken into account in determining whether Curtailments aggregated for a Gas Year cause the T1 B1 Permissible Curtailment Limit to be exceeded to the extent that the Shipper is entitled to give a Renomination Notice in respect of either of the following: (A) (subject to clause 17.9(b)(iii)(B)) one or more Inlet Points or Outlet Points (as the case may be) where the Shipper has unutilised Contracted Capacity for the T1 B1 Service at that point, in which case the Curtailment will not be taken into account in respect of an amount of capacity up to the Shipper’s unutilised Contracted Capacity for the T1 B1 Service at that or those Inlet Points or Outlet Points (as the case may be); (B) one or more inlet points or outlet points (which may be points referred to in clause 17.9(b)(iii)(A) above) where the Shipper can otherwise utilise Capacity. (iv) If and to the extent that, because of the default, negligence, breach of contractual term, or other conduct of a shipper (in this clause 17.9(b)(iii) the defaulting shipper): (A) a reduction in Gas Transmission Capacity is caused that makes necessary any Curtailment of the use of Gas Transmission Capacity by any shipper; or (B) the Operator is entitled to refuse to Receive Gas from or Deliver Gas to any shipper (or, if applicable, to Curtail the use of Gas Transmission Capacity by any shipper), the Operator must, to the extent that it is entitled to do so, wholly refuse to Receive Gas from or Deliver Gas to the defaulting shipper and must reduce the defaulting shipper’s use of Gas Transmission Capacity of any kind (but only to the extent necessary to correct the default of the shipper) before it reduces any shippers’ (other than the defaulting shipper’s) use of Gas Transmission Capacity of any kind, and the Operator is not liable to the defaulting shipper for any Direct Damage or Indirect Damage (whatsoever) arising from that Curtailment or refusal. (v) To the extent that: (A) the use of Gas Transmission Capacity by a particular shipper would, but for this clause 17.9(b)(v), be included in an apportionment of a Curtailment; and (B) in the view of the Operator (acting fairly and reasonably) the inclusion of that Gas Transmission Capacity would because of the location of the particular shipper’s Inlet Point or Inlet Points or Outlet Point or Outlet Points in relation to the circumstances which gave rise to the need to Curtail be unlikely to wholly or partially reduce the need to Curtail any other shipper’s use of Gas Transmission Capacity, the Operator may exclude that Gas Transmission Capacity from the apportionment of Curtailments (despite what would otherwise be the Operator’s obligation to include that Gas in the apportionment). (vi) In a System Curtailment, where the Curtailment Plan is being applied to a Curtailment Area greater than a Point Specific Curtailment, the relevant shipper’s: (A) Aggregated Service which derives from Contracted Capacity for T1 B1 Service, P1 T1 Service or B1 P1 Service at the Outlet Points (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located within the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) not be included in the Aggregated Service; and (2) be included in the T1 B1 Service, P1 T1 Service or B1 P1 Service (as the case may be), available to the relevant shipper in the Curtailment Area; and 2021 - 2025 Access Arrangement for the DBNGP 95 and (B) Aggregated Service which derives from Contracted Capacity for T1 B1 Services, T1 Services or P1 Service or B1 Service Services at any Outlet Point (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located outside the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) be included in the Aggregated Service; (2) not be included in the T1 B1 Service, P1 T1 Service or B1 P1 Service (as the case may be), available to the relevant shipper in the Curtailment Area. (vii) Despite any provision of the Curtailment Plan or any contract, the Delivery of Gas to the Shipper is at all times subject to the Operator’s absolute right to utilise part of the DBNGP’s capability to transport Gas which is required by the Operator for operational purposes in relation to the DBNGP. (viii) The Operator must enforce any rights it may have under the Alcoa Exempt Contract in relation to allocating to, and Delivering to, Alcoa no more than Alcoa’s Exempt Delivery Entitlement during a Curtailment, including taking the full benefit of any force majeure provisions of the Alcoa Exempt Contract when and to the extent that it is entitled to do so. (ix) Nothing in this clause 17 limits or affects the Operator’s right to refuse to Receive or Deliver Gas under clauses 5.3 or 5.7. (x) This clause 17 is subject to any contrary agreement reached between Shipper and other shippers as to the manner of treating Curtailments between them. (c) (i) Subject to clause 17.9(c)(ii), if when applying the Curtailment Plan there is insufficient relevant available capacity to allow all shippers their full Contracted Capacity in respect of a Type of Capacity Service for that Gas Day, then the capacity available for the Type of Capacity Service to each such shipper during a particular Gas Day during a Curtailment will (unless relevant shippers agree to the contrary) be calculated, from time to time by the Operator acting in good faith, on the basis of the following: Available Capacity x B A where: Capacity Service on that Gas Day (in the case of T1 Service only, less any of the shipper’s relevant share of the Distribution Networks’ IPQ which is to be transported using that T1 Service on that Gas Day); and

Appears in 1 contract

Samples: B1 Reference Service Terms and Conditions

Priority of Curtailment. (a) Any Curtailment of the Shipper's Total Contracted Capacity must be conducted in accordance with the Curtailment Plan. In applying the Curtailment Plan in a Point Specific Curtailment or System Curtailment, a Type of Capacity Service will only be Curtailed once all Types of Capacity Services listed below it in that column in the Curtailment Plan have been reduced to zero. (b) The general principle in clause 17.9(a) is subject to the following: (i) Any Laws regulating the priority of Capacity Services (which include capacity under a Spot Transaction) on the DBNGP. (ii) Where the Curtailment is a Point Specific Curtailment, the Curtailment Plan will be subject to any Multi-shipper Agreement relating to that Inlet Point or Outlet Point. (iii) Any Point Specific Curtailment of the Aggregated T1 P1 Service is not a Curtailment for the purposes of this Contract and is not to be taken into account in determining whether Curtailments aggregated for a Gas Year cause the T1 P1 Permissible Curtailment Limit to be exceeded to the extent that the Shipper is entitled to give a Renomination Notice in respect of either of the following: (A) (subject to clause 17.9(b)(iii)(B)) one or more Inlet Points or Outlet Points (as the case may be) where the Shipper has unutilised Contracted Capacity for the T1 P1 Service at that point, in which case the Curtailment will not be taken into account in respect of an amount of capacity up to the Shipper’s unutilised Contracted Capacity for the T1 P1 Service at that or those Inlet Points or Outlet Points (as the case may be); (B) one or more inlet points or outlet points (which may be points referred to in clause 17.9(b)(iii)(A) above) where the Shipper can otherwise utilise Capacity. (iv) If and to the extent that, because of the default, negligence, breach of contractual term, or other conduct of a shipper (in this clause 17.9(b)(iii) the defaulting shipper): (A) a reduction in Gas Transmission Capacity is caused that makes necessary any Curtailment of the use of Gas Transmission Capacity by any shipper; or (B) the Operator is entitled to refuse to Receive Gas from or Deliver Gas to any shipper (or, if applicable, to Curtail the use of Gas Transmission Capacity by any shipper), the Operator must, to the extent that it is entitled to do so, wholly refuse to Receive Gas from or Deliver Gas to the defaulting shipper and must reduce the defaulting shipper’s use of Gas Transmission Capacity of any kind (but only to the extent necessary to correct the default of the shipper) before it reduces any shippers’ (other than the defaulting shipper’s) use of Gas Transmission Capacity of any kind, and the Operator is not liable to the defaulting shipper for any Direct Damage or Indirect Damage (whatsoever) arising from that Curtailment or refusal. (v) To the extent that: (A) the use of Gas Transmission Capacity by a particular shipper would, but for this clause 17.9(b)(v), be included in an apportionment of a Curtailment; and (B) in the view of the Operator (acting fairly and reasonably) the inclusion of that Gas Transmission Capacity would because of the location of the particular shipper’s Inlet Point or Inlet Points or Outlet Point or Outlet Points in relation to the circumstances which gave rise to the need to Curtail be unlikely to wholly or partially reduce the need to Curtail any other shipper’s use of Gas Transmission Capacity, the Operator may exclude that Gas Transmission Capacity from the apportionment of Curtailments (despite what would otherwise be the Operator’s obligation to include that Gas in the apportionment). (vi) In a System Curtailment, where the Curtailment Plan is being applied to a Curtailment Area greater than a Point Specific Curtailment, the relevant shipper’s's: (A) Aggregated Service which derives from Contracted Capacity for T1 P1 Service, P1 T1 Service or B1 Service at the Outlet Points (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located within the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) not be included in the Aggregated Service; and (2) be included in the T1 P1 Service, P1 T1 Service or B1 Service (as the case may be), available to the relevant shipper in the Curtailment Area; and 2021 - 2025 Access Arrangement for the DBNGP 95 and (B) Aggregated Service which derives from Contracted Capacity for T1 P1 Services, P1 Service T1 Services or B1 Service Services at any Outlet Point (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located outside the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) be included in the Aggregated Service; (2) not be included in the T1 P1 Service, P1 T1 Service or B1 Service (as the case may be), available to the relevant shipper in the Curtailment Area. (vii) Despite any provision of the Curtailment Plan or any contract, the Delivery of Gas to the Shipper is at all times subject to the Operator’s absolute right to utilise part of the DBNGP’s capability to transport Gas which is required by the Operator for operational purposes in relation to the DBNGP. (viii) The Operator must enforce any rights it may have under the Alcoa Exempt Contract in relation to allocating to, and Delivering to, Alcoa no more than Alcoa’s Exempt Delivery Entitlement during a Curtailment, including taking the full benefit of any force majeure provisions of the Alcoa Exempt Contract when and to the extent that it is entitled to do so. (ix) Nothing in this clause 17 limits or affects the Operator’s right to refuse to Receive or Deliver Gas under clauses 5.3 or 5.7. (x) This clause 17 is subject to any contrary agreement reached between Shipper and other shippers as to the manner of treating Curtailments between them. (c) (i) Subject to clause 17.9(c)(ii), if when applying the Curtailment Plan there is insufficient relevant available capacity to allow all shippers their full Contracted Capacity in respect of a Type of Capacity Service for that Gas Day, then the capacity available for the Type of Capacity Service to each such shipper during a particular Gas Day during a Curtailment will (unless relevant shippers agree to the contrary) be calculated, from time to time by the Operator acting in good faith, on the basis of the following: Available Capacity x B A where: Capacity Service on that Gas Day (in the case of T1 Service only, less any of the shipper’s relevant share of the Distribution Networks’ IPQ which is to be transported using that T1 Service on that Gas Day); and

Appears in 1 contract

Samples: Service Terms and Conditions

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Priority of Curtailment. (a) Any Curtailment of the Shipper's Total Contracted Capacity must be conducted in accordance with the Curtailment Plan. In applying the Curtailment Plan in a Point Specific Curtailment or System Curtailment, a Type of Capacity Service will only be Curtailed once all Types of Capacity Services listed below it in that column in the Curtailment Plan have been reduced to zero. (b) The general principle in clause 17.9(a) is subject to the following: (i) Any Laws regulating the priority of Capacity Services (which for the purposes of this clause include capacity under a Spot Transaction) on the DBNGP. (ii) Where the Curtailment is a Point Specific Curtailment, the Curtailment Plan will be subject to any Multi-shipper Agreement relating to that Inlet Point or Outlet Point. (iii) Any Point Specific Curtailment of the Aggregated T1 P1 Service is not a Curtailment for the purposes of this Contract and is not to be taken into account in determining whether Curtailments aggregated for a Gas Year cause the T1 P1 Permissible Curtailment Limit to be exceeded to the extent that the Shipper is entitled to give a Renomination Notice in respect of either of the following: (A) (subject to clause 17.9(b)(iii)(B)) one or more Inlet Points Iinlet Ppoints or Outlet Points Ooutlet Ppoints (as the case may be) where the Shipper has unutilised Contracted Capacity for the T1 P1 Service at that point, in which case the Curtailment will not be taken into account in respect of an amount of capacity up to the Shipper’s unutilised Contracted Capacity for the T1 P1 Service at that or those Inlet Points Iinlet Ppoints or Outlet Points Ooutlet Ppoints (as the case may be); (B) one or more inlet points or outlet points (which may be points referred to in clause 17.9(b)(iii)(A) above) where the Shipper can otherwise utilise Capacity. (iv) If and to the extent that, because of the default, negligence, breach of contractual term, or other conduct of a shipper (in this clause 17.9(b)(iii) the defaulting shipper): (A) a reduction in Gas Transmission Capacity is caused that makes necessary any Curtailment of the use of Gas Transmission Capacity by any shipper; or (B) the Operator is entitled to refuse to Receive Gas from or Deliver Gas to any shipper (or, if applicable, to Curtail the use of Gas Transmission Capacity by any shipper), the Operator must, to the extent that it is entitled to do so, wholly refuse to Receive Gas from or Deliver Gas to the defaulting shipper and must reduce the defaulting shipper’s use of Gas Transmission Capacity of any kind (but only to the extent necessary to correct the default of the shipper) before it reduces any shippers’ (other than the defaulting shipper’s) use of Gas Transmission Capacity of any kind, and the Operator is not liable to the defaulting shipper for any Direct Damage or Indirect Damage (whatsoever) arising from that Curtailment or refusal. (v) To the extent that: (A) the use of Gas Transmission Capacity by a particular shipper would, but for this clause 17.9(b)(v), be included in an apportionment of a Curtailment; and (B) in the view of the Operator (acting fairly and reasonably) the inclusion of that Gas Transmission Capacity would because of the location of the particular shipper’s Inlet Point or Inlet Points or Outlet Point or Outlet Points in relation to the circumstances which gave rise to the need to Curtail be unlikely to wholly or partially reduce the need to Curtail any other shipper’s use of Gas Transmission Capacity, the Operator may exclude that Gas Transmission Capacity from the apportionment of Curtailments (despite what would otherwise be the Operator’s obligation to include that Gas in the apportionment). (vi) In a System Curtailment, where the Curtailment Plan is being applied to a Curtailment Area greater than a Point Specific Curtailment, the relevant Shipper'srelevant shipper’s's: (A) Aggregated P1 Service which derives from Contracted Capacity for P1 Services, T1 Service, P1 Service or B1 Service at the Outlet Points (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located within the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) not be included in the Aggregated P1 Service; and (2) be included in the T1 P1 Service, P1 T1 Service or B1 Service (as the case may be), available to the relevant shipper Sshipper in the Curtailment Area; and 2021 - 2025 Access Arrangement for the DBNGP 95 and (B) Aggregated P1 Service which derives from Contracted Capacity for T1 P1 Services, P1 Service T1 Services or B1 Service Services at any Outlet Point (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located outside the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) be included in the Aggregated P1 Service; (2) not be included in the T1 P1 Service, P1 T1 Service or B1 Service (as the case may be), available to the relevant shipper Sshipper in the Curtailment Area. (vii) Despite any provision of the Curtailment Plan or any contract, the Delivery of Gas to the Shipper is at all times subject to the Operator’s absolute right to utilise part of the DBNGP’s capability to transport Gas which is required by the Operator for operational purposes in relation to the DBNGP. (viii) The Operator must enforce any rights it may have under the Alcoa Exempt Contract in relation to allocating to, and Delivering to, Alcoa no more than Alcoa’s Exempt Delivery Entitlement during a Curtailment, including taking the full benefit of any force majeure provisions of the Alcoa Exempt Contract when and to the extent that it is entitled to do so. (ix) Nothing in this clause 17 limits or affects the Operator’s right to refuse to Receive or Deliver Gas under clauses 5.3 or 5.7. (x) This clause 17 is subject to any contrary agreement reached between Shipper and other shippers as to the manner of treating Curtailments between them. (c) (i) Subject to clause 17.9(c)(ii), if when applying the Curtailment Plan there is insufficient relevant available capacity to allow all shippers their full Contracted Capacity in respect of a Type of Capacity Service for that Gas Day, then the capacity available for the Type of Capacity Service to each such shipper during a particular Gas Day during a Curtailment will (unless relevant shippers agree to the contrary) be calculated, from time to time by the Operator acting in good faith, on the basis of the following: Available Capacity x B where: Networks’ IPQ which is to be transported using that T1 Service on that Gas Day); and:

Appears in 1 contract

Samples: Reference Service Terms and Conditions

Priority of Curtailment. (a) Any Curtailment of the Shipper's Total Contracted Capacity must be conducted in accordance with the Curtailment Plan. In applying the Curtailment Plan in a Point Specific Curtailment or System Curtailment, a Type of Capacity Service will only be Curtailed once all Types of Capacity Services listed below it in that column in the Curtailment Plan have been reduced to zero. (b) The general principle in clause 17.9(a) is subject to the following: (i) Any Laws regulating the priority of Capacity Services (which include capacity under a Spot Transaction) on the DBNGP. (ii) Where the Curtailment is a Point Specific Curtailment, the Curtailment Plan will be subject to any Multi-shipper Agreement relating to that Inlet Point or Outlet Point. (iii) Any Point Specific Curtailment of the Aggregated T1 P1 Service is not a Curtailment for the purposes of this Contract and is not to be taken into account in determining whether Curtailments aggregated for a Gas Year cause the T1 P1 Permissible Curtailment Limit to be exceeded to the extent that the Shipper is entitled to give a Renomination Notice in respect of either of the following: (A) (subject to clause 17.9(b)(iii)(B)) one or more Inlet Points or Outlet Points (as the case may be) where the Shipper has unutilised Contracted Capacity for the T1 P1 Service at that point, in which case the Curtailment will not be taken into account in respect of an amount of capacity up to the Shipper’s unutilised Contracted Capacity for the T1 P1 Service at that or those Inlet Points or Outlet Points (as the case may be); (B) one or more inlet points or outlet points (which may be points referred to in clause 17.9(b)(iii)(A) above) where the Shipper can otherwise utilise Capacity. (iv) If and to the extent that, because of the default, negligence, breach of contractual term, or other conduct of a shipper (in this clause 17.9(b)(iii) the defaulting shipper): (A) a reduction in Gas Transmission Capacity is caused that makes necessary any Curtailment of the use of Gas Transmission Capacity by any shipper; or (B) the Operator is entitled to refuse to Receive Gas from or Deliver Gas to any shipper (or, if applicable, to Curtail the use of Gas Transmission Capacity by any shipper), the Operator must, to the extent that it is entitled to do so, wholly refuse to Receive Gas from or Deliver Gas to the defaulting shipper and must reduce the defaulting shipper’s use of Gas Transmission Capacity of any kind (but only to the extent necessary to correct the default of the shipper) before it reduces any shippers’ (other than the defaulting shipper’s) use of Gas Transmission Capacity of any kind, and the Operator is not liable to the defaulting shipper for any Direct Damage or Indirect Damage (whatsoever) arising from that Curtailment or refusal. (v) To the extent that: (A) the use of Gas Transmission Capacity by a particular shipper would, but for this clause 17.9(b)(v), be included in an apportionment of a Curtailment; and (B) in the view of the Operator (acting fairly and reasonably) the inclusion of that Gas Transmission Capacity would because of the location of the particular shipper’s Inlet Point or Inlet Points or Outlet Point or Outlet Points in relation to the circumstances which gave rise to the need to Curtail be unlikely to wholly or partially reduce the need to Curtail any other shipper’s use of Gas Transmission Capacity, the Operator may exclude that Gas Transmission Capacity from the apportionment of Curtailments (despite what would otherwise be the Operator’s obligation to include that Gas in the apportionment). (vi) In a System Curtailment, where the Curtailment Plan is being applied to a Curtailment Area greater than a Point Specific Curtailment, the relevant shipper’s's: (A) Aggregated Service which derives from Contracted Capacity for T1 P1 Service, P1 T1 Service or B1 Service at the Outlet Points (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located within the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) not be included in the Aggregated Service; and (2) be included in the T1 P1 Service, P1 T1 Service or B1 Service (as the case may be), available to the relevant shipper in the Curtailment Area; and 2021 - 2025 Access Arrangement for the DBNGP 95 and (B) Aggregated Service which derives from Contracted Capacity for T1 P1 Services, P1 Service T1 Services or B1 Service Services at any Outlet Point (or, where the Curtailment relates to Receipt of Gas into the DBNGP, any Inlet Point) located outside the Curtailment Area shall, when the Curtailment Plan is applied to that Curtailment Area: (1) be included in the Aggregated Service; (2) not be included in the T1 P1 Service, P1 T1 Service or B1 Service (as the case may be), available to the relevant shipper in the Curtailment Area. (vii) Despite any provision of the Curtailment Plan or any contract, the Delivery of Gas to the Shipper is at all times subject to the Operator’s absolute right to utilise part of the DBNGP’s capability to transport Gas which is required by the Operator for operational purposes in relation to the DBNGP. (viii) The Operator must enforce any rights it may have under the Alcoa Exempt Contract in relation to allocating to, and Delivering to, Alcoa no more than Alcoa’s Exempt Delivery Entitlement during a Curtailment, including taking the full benefit of any force majeure provisions of the Alcoa Exempt Contract when and to the extent that it is entitled to do so. (ix) Nothing in this clause 17 limits or affects the Operator’s right to refuse to Receive or Deliver Gas under clauses 5.3 or 5.7. (x) This clause 17 is subject to any contrary agreement reached between Shipper and other shippers as to the manner of treating Curtailments between them. (c) (i) Subject to clause 17.9(c)(ii), if when applying the Curtailment Plan there is insufficient relevant available capacity to allow all shippers their full Contracted Capacity in respect of a Type of Capacity Service for that Gas Day, then the capacity available for the Type of Capacity Service to each such shipper during a particular Gas Day during a Curtailment will (unless relevant shippers agree to the contrary) be calculated, from time to time by the Operator acting in good faith, on the basis of the following: Available Capacity x B where: Capacity Service on that Gas Day (in the case of T1 Service only, less any of the shipper’s relevant share of the Distribution Networks’ IPQ which is to be transported using that T1 Service on that Gas Day); and

Appears in 1 contract

Samples: Service Terms and Conditions

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