Columbia Gas Transmission LLC

Third Revised Volume No. 1

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Effective Date: 04/22/2009, Docket: RP09-468-000, Status: Effective

First Revised Sheet No. 345 First Revised Sheet No. 345

Superseding: Original Sheet No. 345

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

(2) Partial or entire electronic failure (including the failure of the EBB and the EBB

backup plan, or the failure of SCADA or electronic measurement equipment), that impairs Transporter's

ability to monitor and control Transporter's essential facilities.

 

(3) Mechanical or physical failure that affects Transporter's ability to transport gas or

operate storage facilities, including for example but without limitation, pipeline failure, compressor

failure, regulator failure or other similar mechanical or physical failure.

 

(4) External operations, including for example but not limited to, surface or subsurface

mining operations or highway construction operations or blasting operations that require Transporter

to reduce operating pressures in, or remove from service, a portion of Transporter's pipeline and/or

storage facilities.

 

(5) Federal or state rules, regulations or orders, such as safety inspection orders and

environmental safety orders that require Transporter to reduce operating pressures in, or remove from

service, a portion or Transporter's pipeline and/or storage facilities.

 

(6) Failure of Shipper's to comply with hourly flow requirements contained in

Transporter's FERC Gas Tariff.

 

(7) Loss of natural gas supply from upstream transporters, producers, storage providers or

LNG providers due to exigencies occurring on those entities' systems.

 

(f) To the extent that Transporter seeks to implement hourly flow restrictions beyond those

provided for in other provisions of its Tariff and/or service agreements, Transporter shall issue an

operational flow order pursuant to the conditions of this section.

 

(g) For the reasons specified in Section 17.2(a) through (e), Transporter may, on a

nondiscriminatory basis, issue Operational Flow Orders in order to provide no-notice service under the NTS,

NTS-S, FSS, FSS-M and SST Rate Schedules.

 

(h) Transporter has the right to issue Operational Flow Orders on a nondiscriminatory basis without

liability except in cases of Transporter's negligence or undue discrimination. Compliance with the

Operational Flow Orders and the other terms and conditions of Transporter's Tariff is essential to

Transporter's ability to provide deliveries and services under all Rate Schedules. A failure by one or more

Shipper to comply with the Operational Flow Orders may affect Transporter's ability to provide such deliveries

and services. In such event and in addition to other provisions hereof and not in lieu of any other remedies

available in law or at equity, Transporter will, except in cases of Transporter's negligence or undue

discrimination, have no liability or responsibility for its inability to provide deliveries and services and

will be indemnified and held harmless against any claims related to such failure to provide deliveries and

services by the Shipper(s) failing to comply with Transporter's Tariff and in particular, the provisions of

this Section.

 

17.3 Limitations.

 

(a) Shipper shall not be required to flow gas pursuant to this Section in excess of Shipper's Total

Firm Entitlement or any maximum entitlement level specified in Shipper's Service Agreement(s) with

Transporter.

 

(b) A Shipper must comply with an Operational Flow Order within the time period set forth therein

unless the Shipper is able to demonstrate that such compliance: (1) is not within Shipper's physical or

contractual control; (2) is prevented by operating conditions on a third party pipeline system beyond

Shipper's control; (3) is precluded by its contractual restrictions with a third party pipeline system; and/or

(4) is prevented due to a force majeure event as defined in Section 15 (Force Majeure) of the General Terms

and Conditions; provided that Shipper shall make a good faith effort to comply with an Operational Flow Order,

including seeking waivers of any contractual limits with third party pipelines or modifications of operating

conditions on third party pipeline systems. Shipper shall notify Transporter immediately if it believes that

it is excused from compliance with the Operational Flow Order for the reasons set forth in this subparagraph

(b), and shall promptly provide Transporter with documentation sufficient to support its basis for non-

compliance.

 

(c) A Shipper shall not incur penalties for complying with an Operational Flow Order.