Crossroads Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/01/2001, Docket: RP02- 14-000, Status: Effective

Original Sheet No. 183 Original Sheet No. 183 : Superseded

 

GENERAL TERMS AND CONDIITONS

(Continued)

 

(e) 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(s) 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.

 

(f) Transporter will have the right to issue an OFO to any Shipper or OBA Party when, in

Transporter's sole judgment, an OFO is required to alleviate conditions which threaten system integrity,

safety or service or to ensure compliance with the provisions contained in this Tariff. During conditions

which threaten system integrity, safety or service, an OFO will not be issued to protect interruptible

service.

 

(g) Nothing shall limit Transporter's right to take action as may be required to physically

adjust actual receipts and actual deliveries of Gas in order to alleviate conditions that threaten the

integrity of its system.

 

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.