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.