ANR Pipeline Company

Second Revised Volume No. 1

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Effective Date: 11/01/2006, Docket: RP06-613-000, Status: Effective

Fifth Revised Sheet No. 114 Fifth Revised Sheet No. 114 : Effective

Superseding: Fourth Revised Sheet No. 114

GENERAL TERMS AND CONDITIONS

(Continued)

 

Transporter shall not be liable in damages to Shipper other than

for acts of gross negligence or willful misconduct and then only

where Force Majeure does not apply.

 

7.3 Limitations. Such Force Majeure affecting the performance

hereunder by either Transporter or Shipper, however, shall not

relieve such party of liability in the event of failure to use due

diligence to remedy the situation and to remove the cause in an

adequate manner and with all reasonable dispatch, nor shall such

cause or contingency affecting such performance relieve Shipper

from its obligations to make payments as then due or becoming due

determined hereunder. Transporter shall notify any affected

Shipper of such Force Majeure by use of Electronic Communication.

 

8. OPERATIONAL FLOW ORDER(S) ("OFO").

 

8.1 General. For purposes of this Section 8, the term "Shipper" shall

also include any customer receiving service under any Rate

Schedule contained in Transporter's Volume No. 2 FERC Gas Tariff.

Transporter, in its discretion, shall have the right to issue OFOs

when in its judgment it is necessary to maintain or restore the

operational integrity of Transporter's Pipeline System. Where a

particular Shipper's conduct threatens the operational integrity

of Transporter's Pipeline System, Transporter will first attempt

to modify such Shipper's offending conduct, including the issuance

of an OFO to such offending Shipper, before Transporter issues an

OFO to non-offending Shippers. Before issuing an OFO, Transporter

will also evaluate and implement any reasonable alternatives

thereto (e.g., declining to schedule firm secondary nominations

and/or curtailing interruptible service). Further, Transporter

will not be required to issue an OFO:

 

(a) to deliver Gas to any Shipper that has not tendered Equivalent

Quantities of Gas to Transporter's Pipeline System; or

 

(b) to any other pipeline in order to obtain access to quantities

of Gas, except to the extent that such quantities of Gas are

being transported by such pipeline for the account of a

Shipper or Transporter; or

 

(c) to be a supplier of last resort for any Shipper that has

insufficient Gas supply.

 

Transporter shall not be required to respond to any OFO that it

receives from another interstate pipeline that is not currently

providing equivalent quantities and pressures of Gas to Transporter,

unless Transporter is a shipper on that pipeline.