Kentucky West Virginia Gas Company

Third Revised Volume No. 1

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Effective Date: 07/01/1993, Docket: RS92- 18-002, Status: Effective

Original Sheet No. 42A Original Sheet No. 42A : Superseded

 

GENERAL TERMS AND CONDITIONS (Continued)

 

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

Pipeline taken in compliance with an operational flow order

pursuant to this section. Pipeline shall not otherwise be liable

for any charge, loss or damage to the customer as the result of the

imposition of an operational flow order.

 

16.8 Cost Recovery for Operational Flow Orders

 

Pipeline shall file for Commission approval to recover all costs it

incurs in connection with the issuance, operation and termination

of any operational flow orders, including such reimbursement costs

specified in Section 16.7, and for approval of an allocation and

billing methodology for recovery of such costs from customers.

 

17. NON-WAIVER OF FUTURE DEFAULTS

 

No waiver by Pipeline of any one or more defaults by a customer

in the performance of any provision of these General Terms and

Conditions or any provisions of the Service Agreement between Customer

and Pipeline shall operate or be construed as a waiver of any future

default or defaults, whether of a like or of a different character, for

the same or any other customer.

 

18. MODIFICATION

 

No modification of the terms and provisions of any Service Agreement

shall be or become effective except by the execution of a written

contract.

 

19. NOTICES

 

Any notice, request, demand, statement or bill provided for in these

General Terms and Conditions, and the rate schedule to which they apply

or any notice which either Pipeline or Customer may desire to give to

the other, shall be in writing and shall be considered as duly

delivered when mailed by registered mail to the post office address of

Pipeline or Customer or at such other address as either shall designate

by formal written notice. Routine communications, including monthly

statements and payments, shall be considered as duly delivered when

mailed by either registered or ordinary mail. Notices that are submitted

or received via the electronic bulletin board must be confirmed in

writing or by facsimile as soon thereafter as possible.