Common use of Specification Gas Clause in Contracts

Specification Gas. (a) As between JGN and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point (including purchased by the User through the STTM) complies with the following requirements (the Specification): (i) the specification prescribed by any New South Wales law, including but not limited to any regulation made under the Gas Supply Act, applying during this Agreement that extends to any such Gas; (ii) where the law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no such law, the initial specification set out in Annexure 2, as amended from time to time by JGN in response to a change of circumstances reasonably likely to impact JGN’s ability to ensure the continued quality, safety, reliability and security of supply of Gas; and. (iii) where the Director-General issues an exemption to JGN under the Gas Supply (Safety and Network Management) Regulation 2013 (NSW) related to the specification of Gas, then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption. (b) Where JGN reasonably believes that the conveyance of Gas which does not meet the Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then JGN will be deemed to have delivered Gas that meets the Specification to the extent the Gas is delivered in accordance with regulation 24(2).

Specification Gas. (a) As between JGN and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point (including purchased by the User through the STTM) complies with the following requirements (the Specification): (i) the specification prescribed by any New South Wales law, including but not limited to any regulation made under the Gas Supply Act, applying during this Agreement that extends to any such Gas; (ii) where the law referred to in clause 10.1(a)(i8.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no such law, the initial specification set out in Annexure 2, as amended from time to time by JGN in response to a change of circumstances reasonably likely to impact JGN’s ability to ensure the continued quality, safety, reliability and security of supply of Gas; and. (iii) where the Director-General issues an exemption to JGN under the Gas Supply (Safety and Network Management) Regulation 2013 (NSW) related to the specification of Gas, then the specification under clause 10.1(a)(i8.1(a)(i) or clause 10.1(a)(ii8.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption. (b) Where JGN reasonably believes that the conveyance of Gas which does not meet the Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then JGN will be deemed to have delivered Gas that meets the Specification to the extent the Gas is delivered in accordance with regulation 24(2). (c) JGN is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (d) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (e) The quantity of Out-of-Specification Gas delivered to a Receipt Point on behalf of the User will be determined by JGN as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-Of- Specification Gas (the User's Proportion) delivered to the Receipt Point on behalf of the User will be determined as follows: (A) if the Network Section is part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas for that Network Section (on the Days during which the Out-Of-Specification Gas was delivered) which is allocated to the User under the STTM distribution system allocations under the National Gas Rules; or (B) if the Network Section is not part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-Of- Specification Gas was delivered) which is withdrawn by the User, provided that, if information is obtained by JGN from, or provided to JGN by, AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network User or some other source acceptable to JGN, and JGN considers, acting reasonably, that the information so obtained or provided: (C) is accurate and reliable; and (D) enables JGN to determine the User's Proportion of that Out-Of- Specification Gas more accurately than if the User's Proportion is determined under subclause (A) or (B) (as the case may be), then the User's Proportion determined under subclause (A) or (B) (as the case may be) may be adjusted by JGN to take into account that information. (f) In clause 8.1(e) above, STTM distribution system, STTM distribution system allocation and hub have the meanings given to those terms in rule 364 of the National Gas Rules.

Specification Gas. (a) As between JGN and the User, the User must ensure and procure that Gas delivered to each Relevant Receipt Point (including purchased by the User through the STTM) complies with the following requirements (the Specification): (i) the specification prescribed by any New South Wales law, including but not limited to any regulation made under the Gas Supply Act, applying during this Agreement that extends to any such Gas; (ii) where the law referred to in clause 10.1(a)(i) does not prescribe anything for a parameter set out in Annexure 2, or for any period during this Agreement in which there is no such law, the initial specification set out in Annexure 2, as amended from time to time by JGN in response to a change of circumstances reasonably likely to impact JGN’s ability to ensure the continued quality, safety, reliability and security of supply of Gas; and. (iii) where the Director-General issues an exemption to JGN under the Gas Supply (Safety and Network Management) Regulation 2013 (NSW) related to the specification of Gas, then the specification under clause 10.1(a)(i) or clause 10.1(a)(ii) (as the case may be) is modified (for the period during which the exemption applies) to the extent necessary to accord with the terms of that exemption. (b) Where JGN reasonably believes that the conveyance of Gas which does not meet the Specification is necessary to ensure the safety of the public or the security of the Network and the Gas is conveyed in accordance with regulation 24(2)(a) of the Gas Supply (Safety and Network Management) Regulation 2013 (NSW), then JGN will be deemed to have delivered Gas that meets the Specification to the extent the Gas is delivered in accordance with regulation 24(2). (c) JGN is not obliged to provide a Service if the Gas delivered at a Receipt Point does not comply with the Specification. (d) The User acknowledges that Gas delivered to a Receipt Point will enter into the Network in close proximity to and will be available for use by a large number of persons, and that Gas delivered at any Receipt Point which does not meet the Specification may result in those persons suffering damage. (e) The quantity of Out-of-Specification Gas delivered to a Receipt Point on behalf of the User will be determined by JGN as follows: (i) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and the User is the only Network User withdrawing Gas from that Network Section, then all Out-of-Specification Gas delivered to that Receipt Point will be taken to have been delivered on behalf of the User; or (ii) where Out-of-Specification Gas is delivered to a Receipt Point on a Network Section and there is more than one Network User withdrawing Gas from that Network Section, then the proportion of that Out-Of- Specification Gas (the User's Proportion) delivered to the Receipt Point on behalf of the User will be determined as follows: (A) if the Network Section is part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas for that Network Section (on the Days during which the Out-Of-Specification Gas was delivered) which is allocated to the User under the STTM distribution system allocations under the National Gas Rules; or (B) if the Network Section is not part of an STTM distribution system, then the User's Proportion of that Out-Of-Specification Gas will be the same as that proportion of the total Gas withdrawn from that Network Section (on the Days during which the Out-Of- Specification Gas was delivered) which is withdrawn by the User, provided that, if information is obtained by JGN from, or provided to JGN by, AEMO, the AER, the AEMC, a transmission pipeline service provider, the User, another Network User or some other source acceptable to JGN, and JGN considers, acting reasonably, that the information so obtained or provided: (C) is accurate and reliable; and (D) enables JGN to determine the User's Proportion of that Out-Of- Specification Gas more accurately than if the User's Proportion is determined under subclause (A) or (B) (as the case may be), then the User's Proportion determined under subclause (A) or (B) (as the case may be) may be adjusted by JGN to take into account that information. (f) In clause 10.1(e) above, STTM distribution system, STTM distribution system allocation and hub have the meanings given to those terms in rule 364 of the National Gas Rules.