Panther Interstate Pipeline Energy, L.L.C.
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 02/01/2004, Docket: CP03-338-001, Status: Effective
Original Sheet No. 31 Original Sheet No. 31 : Effective
Shipper/operator is required to take; (3) the time by which
Shipper must be in compliance with the OFO; (4) the anticipated
duration of the OFO; and (5) any other terms that Transporter may
reasonably require to ensure the effectiveness of the OFO. Each
Shipper must designate two persons, for Transporter to contact on
operating matters at any time, on a 24-hour a day, 365-day a year
basis. Such contact persons must have adequate authority and
expertise to deal with such operating matters. If Transporter
cannot contact any Shipper because that Shipper has failed to
designate a contact person or Shipper's contact person is
unavailable, Transporter shall not be responsible for any
consequences that could have been prevented by communication.
Transporter, however, will make reasonable continuing efforts to
notify the affected Shipper. To the extent practicable,
Transporter shall provide an advance warning of a possible OFO by
posting on its Internet web site, and by facsimile or by
telephone.
8.4 Shipper Compliance: A Shipper must comply with an OFO within the
time period set forth therein unless the Shipper is able to
demonstrate that such compliance is prevented due to a force
majeure event as defined in Article 15 of these General Terms and
Conditions; provided that the Shipper shall make a good faith
effort to comply with any such OFO, including seeking waivers of
any contractual limits with third parties or modifications of
operating conditions on third party systems. Shipper shall notify
Transporter immediately if it believes that it is excused from
compliance with the OFO for any of the above stated reasons, and
shall provide Transporter with documentation sufficient to support
its basis for non-compliance.
8.5 Penalties: If a Shipper fails to comply with an OFO, it shall be
subject to: (1) a penalty of $10.00 per dth for any volume of gas
by which it deviated from the requirements of the OFO; and (2) an
Unauthorized Overrun Charge of $25.00 per Dth for quantities
tendered or taken by Shipper in excess of its MDQ. A Shipper shall
not incur any charges or penalties if such charges or penalties
would not have been incurred but for Shipper's compliance with an
OFO. A Shipper shall not incur any penalties if the OFO was
necessitated exclusively by Transporter's negligence or willful
misconduct.
8.6 Liability of Transporter: Transporter shall not be liable for any
costs incurred by any Shipper in complying with an OFO.
Transporter shall not be responsible for any damages that result
from any interruption in Shipper's service that is a result of a