Midwestern Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 10/02/2005, Docket: RP05-657-000, Status: Effective
Second Revised Sheet No. 241 Second Revised Sheet No. 241 : Effective
Superseding: First Revised Sheet No. 241
GENERAL TERMS AND CONDITIONS
8. OPERATIONAL FLOW ORDERS (OFO) (Continued)
8.9 Failure to Respond to OFO (Continued)
8.9.1 Unilateral Action (Continued)
For purposes of this Section, the operational integrity of Company'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.
8.9.2 OFO Penalty
If a Shipper/Balancing Party fails to comply with an OFO it will be
subject to a Failure to Respond OFO Charge for each Dekatherm of gas by
which it deviated from the requirements of the OFO. The daily Failure
to Comply OFO Charge shall be computed based on a price per Dekatherm
equal to three times the midpoint of the range of prices reported for
"Chicago city-gates" as published in the Daily price survey in Platts
Gas Daily for the flow day on which the OFO is issued.
8.9.3 Waiving of Penalty/Charges
A Balancing Party shall not incur any charges or penalties if such
charges or penalties resulted from Shipper's/Balancing Party's
compliance with an OFO, including any preliminary action taken by
Shipper/Balancing Party in response to an OFO watch issued by Company
as a precondition to an OFO.
A Shipper/Balancing Party shall not incur any penalties if the OFO was
necessitated exclusively by Company's negligence or willful misconduct.
8.9.4 All amounts invoiced and collected by Company as payment of OFO
penalties under Subsection 8.9.2, net of incremental administrative
charges, will be treated as OFO penalties and shall be allocated by
Company to Shippers using the methodology set forth in Subsection 23.1
of the General Terms and Conditions.
8.10 Liability of Company
Company shall not be liable for any costs incurred by any Shipper/Balancing
Party in complying with an OFO. Company shall not be responsible for any
damages that result from any interruption in Shipper's/Balancing Party's
service that is a result of a Shipper's/Balancing Party's failure to comply
promptly and fully with an OFO, and the noncomplying Shipper/Balancing Party
shall indemnify Company against any claims of responsibility. However, Company
shall use reasonable efforts to minimize any such costs or damages, and nothing
herein shall exempt Company from liability in the event of Company's negligence
or willful misconduct.