Common use of Load Shedding Clause in Contracts

Load Shedding. (a) If at any time for any reason there is, or the Service Provider reasonably believes or anticipates that there may be, a failure of supply or shortfall in supply in or to any part of the Network, the Service Provider is entitled to curtail or interrupt the receipt, transportation or delivery of Gas and is entitled to implement Load Shedding. (b) The User acknowledges that the Service Provider will determine whether to request a reduction or cessation of Load in accordance with the Load Shedding principles set out in the Operational Schedules. (c) If the Service Provider notifies (including, for the purposes of this clause 25.4, notice given verbally) the User that: (i) there has been a failure of sufficient supply in or to any part of the Network; or (ii) that it has reasonable grounds to believe or anticipate that there may be a failure of sufficient supply in or to any part of the Network, the User is solely responsible for ensuring that there is a cessation or reduction of Load at the User’s Delivery Points in the affected Network Section in accordance with the directions of the Service Provider. (d) At the same time as or following notification to the User under clause 25.4(c), the Service Provider at its sole discretion will determine the Load Shedding Priority up to which Load must be reduced or cease and notify the User as soon as practicable of the Load Shedding Priority and Load Types that must be reduced or cease (at the direction of the Service Provider). (e) The Service Provider may at any time and at its absolute discretion change the Load Shedding Priority up to which Load must be reduced or cease and notify the User as soon as practicable of any such change. (f) The User acknowledges and agrees that immediately after notifying the User of the applicable Load Shedding Priority in accordance with clauses 25.4(d) or 25.4(e), the Service Provider is entitled to contact the User's Customers at Delivery Points with relevant Load Types and direct those Customers to cease or reduce their consumption of Gas in accordance with the directions of the Service Provider. (g) The Service Provider may instruct those Customers whose ELMS Data shows Load Types at Load Shedding Priorities up to and including the Load Shedding Priority nominated by the Service Provider under clause 25.4(d) or 25.4(e) to cease withdrawing, taking or using Gas for each of those Load Types or reduce Loads to a lesser Quantity of Gas specified by the Service Provider. (h) The User must ensure that each of its Customers complies with any direction given to it by the User or the Service Provider to cease or reduce Load under this clause 25.4. (i) Unless otherwise directed by the Service Provider, the User must comply with, and must ensure that the Customer complies with, any Curtailment Plan provided to the Service Provider. (j) If a Customer fails to comply with any instruction it receives from the Service Provider or User under this clause 25.4, the Service Provider may physically curtail, suspend, reduce or interrupt Gas supply to that Customer using whatever means at its disposal. (k) The Service Provider will not be liable for, and the User will indemnify and hold the Service Provider harmless from and against, any and all Damages suffered or incurred by the User and/or the User's Customers in connection with or arising as a result of Load Shedding, provided that the Service Provider acts in accordance with the principles of this clause 25.4 in good faith.

Appears in 2 contracts

Sources: Reference Services Agreement, Reference Services Agreement

Load Shedding. (a) If at any time for any reason there is, or the Service Provider reasonably believes or anticipates that there may be, a failure of supply or shortfall in supply in or to any part of the Network, the Service Provider is entitled to curtail or interrupt the receipt, transportation or delivery of Gas and is entitled to implement Load Shedding. (b) The User acknowledges that the Service Provider will determine whether to request a reduction or cessation of Load in accordance with the Load Shedding principles set out in the Operational Schedules. (c) If the Service Provider notifies (including, for the purposes of this clause 25.423.4, notice given verbally) the User that: (i) there has been a failure of sufficient supply in or to any part of the Network; or (ii) that it has reasonable grounds to believe or anticipate that there may be a failure of sufficient supply in or to any part of the Network, the User is solely responsible for ensuring will use best endeavours to ensure that there is a cessation or reduction of Load at the User’s Delivery Points in the affected Network Section in accordance with the directions of the Service Provider. (d) At the same time as or following notification to the User under clause 25.4(c23.4(c), the Service Provider at its sole discretion will determine the Load Shedding Priority up to which Load must be reduced or cease and notify the User as soon as practicable of the Load Shedding Priority and Load Types that must be reduced or cease (at the direction of the Service Provider). (e) The Service Provider may at any time and at its absolute discretion change the Load Shedding Priority up to which Load must be reduced or cease and notify the User as soon as practicable of any such change. (f) The User acknowledges and agrees that immediately after notifying the User of the applicable Load Shedding Priority in accordance with clauses 25.4(d23.4(d) or 25.4(e23.4(e), the Service Provider is entitled to contact the User's Customers at Delivery Points with relevant Load Types and direct those Customers to cease or reduce their consumption of Gas in accordance with the directions of the Service Provider. (g) The Service Provider may instruct those Customers whose ELMS Data shows Load Types at Load Shedding Priorities up to and including the Load Shedding Priority nominated by the Service Provider under clause 25.4(d23.4(d) or 25.4(e23.4(e) to cease withdrawing, taking or using Gas for each of those Load Types or reduce Loads to a lesser Quantity of Gas specified by the Service Provider. (h) The User must use best endeavours to ensure that each of its Customers complies with any direction given to it by the User or the Service Provider to cease or reduce Load under this clause 25.423.4. (i) Unless otherwise directed by the Service Provider, the User must comply with, and must use best endeavours to ensure that the Customer complies with, any Curtailment Plan provided to the Service Provider. (j) If a Customer fails to comply with any instruction it receives from the Service Provider or User under this clause 25.4, 23.4 and 23.5(b) the Service Provider may physically curtail, suspend, reduce or interrupt Gas supply to that Customer using whatever means at its disposal. (k) The Service Provider will not be liable for, and the User will indemnify and hold the Service Provider harmless from and against, any and all Damages suffered or incurred by the User and/or the User's Customers in connection with or arising as a result of Load Shedding, provided that the Service Provider acts in accordance with the principles of this clause 25.4 in good faith.

Appears in 1 contract

Sources: Reference Service Agreement