Kentucky West Virginia Gas Company
Third Revised Volume No. 1
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Effective Date: 11/01/1997, Docket: RP97-104-005, Status: Effective
First Revised Sheet No. 136 First Revised Sheet No. 136 : Superseded
Superseding: Original Sheet No. 136
GENERAL TERMS AND CONDITIONS (Continued)
(2) Pipeline may direct Customers under Rate Schedules
FTS, VTS or ITS to decrease deliveries in the event
that delivery pressure at one or more delivery points
drops below, or is expected to drop below, reasonable
operating limits.
If an OFO is issued for any reason other than those described
in the preceding paragraphs (a), (b), and (c), Pipeline will
post on its electronic communications system, via EDI and
send to the Commission a detailed explanation containing all
relevant information specific to that individual situation.
16.6 Compliance
Compliance with OFOs issued by Pipeline is essential to
Pipeline's ability to provide services under all of its rate
schedules. If any Customer fails to comply with an OFO on the
day and time of its effectiveness, Pipeline 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. Customer may use an agent, which may be Pipeline, to
ensure compliance with any OFO. If Customer and/or Customer's
supplier, agent, operator or transporter fail to comply with
the terms of an OFO, such Customer shall be liable for any
damages including, but not limited to, direct, consequential,
exemplary or punitive damages incurred by Pipeline or any other
party as a result of such failure.
16.7 Reimbursement
If Pipeline is required to divert gas pursuant to an OFO which
would otherwise have been delivered to a Customer, Pipeline
shall pay the recipient of the OFO for such quantity of gas at a
price per dekatherm equal to the spot market index price for
Appalachian production delivered to Columbia Gas Transmission
Corporation in Kentucky as published in Inside FERC's Gas Market
Report for the month in which such diversion occurred.