Equitrans, L. P.
Original Volume No. 1
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Effective Date: 05/01/2000, Docket: RP00-225-000, Status: Effective
First Revised Sheet No. 248 First Revised Sheet No. 248 : Effective
Superseding: Original Sheet No. 248
GENERAL TERMS AND CONDITIONS (Continued)
11.6 Compliance. Compliance with OFO issued by Equitrans is essential to
Equitrans' ability to provide services under all of its Rate
Schedules. Any Customer may be required to adjust its receipts or
its deliveries to comply with an OFO, provided that no Customer may
be required to adjust its receipts or deliveries under an OFO so as
to exceed its contract entitlements. To the extent that a
Customer's receipts or deliveries are changed by the issuance of an
OFO over the receipts or deliveries scheduled for the Customer on
the day(s) that the OFO is in effect, the receipts or deliveries
required by the OFO shall supersede and replace the receipt or
deliveries previously scheduled. If any Customer fails to comply
with an OFO on the day and time of its effectiveness, Equitrans will
notify the Customer of such noncompliance as soon thereafter as
practicable, and the Customer will have one hour, or such lesser
time as is appropriate under the circumstances, to comply with the
OFO. If the Customer elects in its Service Agreement, Equitrans
shall be authorized, pursuant to this Section 11 to act as the
Customer's agent in making all upstream and downstream arrangements
which are reasonably necessary to bring the Customer into compliance
with the OFO. If Customer and/or Customer's supplier, operator, or
transporter fails to comply with the terms of an OFO, such Customer
shall (a) be liable for any damages including, but not limited to,
direct consequential exemplary, or punitive damages incurred by
Equitrans or any other party as a result of such failure, and (b) be
subject to a penalty of $25 per Dth times the quantity of gas by
which the Customer deviated from an OFO. No penalties will be
imposed against a Customer for failure to comply with OFO when
Equitrans determines that compliance with an OFO is beyond the
Customer's control and capabilities.
11.7 Reimbursement. If Equitrans is required to divert gas pursuant
to an OFO which would otherwise have been delivered to a Customer,
Equitrans shall pay the recipient of the OFO for such quantity of
gas at a price per dekatherm equal to the spot market price for
Appalachian gas supply as published in Natural Gas Week for the
week in which such diversion occurred. In addition, no imbalance,
scheduling, or other penalty will be assessed against a
Customer whose imbalance is attributable to its own actions or
the actions of Equitrans taken in compliance with an
OFO pursuant to this Section.