Eastern Shore Natural Gas Company

Second Revised Volume No. 1

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Effective Date: 11/01/2002, Docket: RP00-393-002, Status: Effective

Original Sheet No. 173B Original Sheet No. 173B : Effective

 

EASTERN SHORE NATURAL GAS COMPANY

GENERAL TERMS AND CONDITIONS

(Continued)

 

24. Operational Flow Orders (Continued)

 

(f) Limitations

 

A Buyer must comply with an OFO within the time period

set forth therein unless Buyer is able to demonstrate

that such compliance: (i) is prevented by operating

conditions on a third party pipeline system beyond

Buyer's control; (ii) is precluded by its contractual

restrictions with a third party pipeline system; and/or

(iii) is prevented due to a Force Majeure event as

defined in Section 28 of the General Terms and

Conditions of Seller's FERC Gas Tariff; provided that

Buyer shall make a good faith effort to comply with an

OFO, including seeking waivers of any contractual limits

with third party pipelines or modifications of operating

conditions on third party pipeline systems. Buyer will

notify Seller immediately by telephone or facsimile if it

believes that it is excused from compliance with the OFO

for the reasons set forth in this subparagraph and shall

promptly provide Seller with documentation sufficient to

support its basis for non-compliance. In the event

Seller determines, in its reasonable discretion, that

Buyer's documentation is insufficient to support its

basis for non-compliance, Buyer will be subject to the

penalty provisions of Section 24(e) of the General

Terms and Conditions of Seller's FERC Gas Tariff.