Columbia Gulf Transmission Company

Second Revised Volume No. 1

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Effective Date: 07/01/1996, Docket: RP96-261-000, Status: Effective

Second Revised Sheet No. 209B Second Revised Sheet No. 209B : Effective

Superseding: Substitute First Revised Sheet No. 209B

GENERAL TERMS AND CONDITIONS (Continued)

 

 

(d) Transporter has the right to issue Operational Flow Orders on a nondiscriminatory

basis without liability except in cases of Transporter's sole 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 sole 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 Scheduled Total Daily Quantities 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.