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
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.