Gulf States Transmission Corporation
Original Volume No. 1
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Effective Date: 10/01/2001, Docket: RP00-405-001, Status: Effective
Second Revised Sheet No. 50B Second Revised Sheet No. 50B : Effective
Superseding: First Revised Sheet No. 50B
GENERAL TERMS AND CONDITIONS (Continued)
(f) Penalties: If a Shipper fails to comply with an OFO, it shall
be subject to twice the otherwise applicable daily charges as
provided in the applicable rate schedule for any volume of gas
by which it deviated from the requirements of the OFO. A
Shipper shall not incur any charges or penalties if such charges
or penalties would not have been incurred but for Shipper's
compliance with an OFO, including any preliminary action taken
by Shipper in response to a warning issued by Transporter as a
precondition to an OFO. A Shipper shall not incur any penalties
if the OFO was necessitated exclusively by Transporter's
negligence or willful misconduct.
(g) Liability of Transporter: Transporter shall not be liable for
any costs incurred by any Shipper in complying with an OFO.
Transporter shall not be responsible for any damages that result
from any interruption in Shipper's service that is a result of a
Shipper's failure to comply promptly and fully with an OFO, and
the noncomplying Shipper shall indemnify Transporter against any
claims of responsibility. However, Transporter shall use
reasonable efforts to minimize any such costs or damages, and
nothing herein shall exempt Transporter from liability in the
event of Transporter's negligence or willful misconduct.
(h) Unilateral Action: In the event that (1) Shipper does not
respond to an OFO, or (2) the actions taken thereunder are
insufficient to correct the system problem for which the OFO was
issued, or (3) there is insufficient time to carry out the
procedures with respect to OFOs, Transporter may periodically
take unilateral action, including the curtailment of firm
service, to maintain the operational integrity of Transporter's
system (or any portion thereof). For purposes of this section,
the operational integrity of Transporter's system shall
encompass the integrity of the physical system and the
preservation of physical assets and their performance, the
overall operating performance of the entire physical system as
an entity (or any portion thereof), and the maintenance (on a
reliable and operationally sound basis) of total system
deliverability and the quality of gas delivered. Transporter
shall flow through to non-offending Shippers as a non-
discriminatory credit to their bills, net unauthorized overrun
penalties received under this section.