Petal Gas Storage, L. L. C.
Original Volume No. 1
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Effective Date: 11/01/2010, Docket: RP10-1219-000, Status: Effective
Fifth Revised Sheet No. 133 Fifth Revised Sheet No. 133
Superseding: Fourth Revised Sheet No. 133
GENERAL TERMS AND CONDITIONS (Continued)
(e) Notice: NAESB Standard 5.3.34 (Version 1.9) states: Transportation
Service Providers should provide affected parties with notification of
intraday bumps, operational flow orders and other critical notices
through the affected party's choice of Electronic Notice Delivery
mechanism(s). NAESB Standard 5.2.2 (Version 1.8) states: "Electronic
Notice Delivery" is the term used to describe the delivery of notices
via Internet E-mail and/or EDI/EDM. Pursuant to NAESB Standards 5.3.34
and 5.2.2, Petal shall issue notice of all OFOs to the affected Customer
via e-mail or EDI/EDM, at the Customer's election, provided that
Customer has provided Petal with an Internet E-mail address for such
notices. In addition, Petal shall notify the affected Customer of
issuance of an OFO via telephone. All OFO notices shall be subsequently
posted on Petal's Internet website. The OFO will set forth (1) the time
and date of issuance; (2) the actions Customer is required to take; (3)
the time by which Customer must be in compliance with the OFO; (4) the
anticipated duration of the OFO; and (5) any other terms that Petal may
reasonably require to ensure the effectiveness of the OFO. Each
Customer must designate one or more persons, but not more than 3
persons, for Petal 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 Petal cannot contact any Customer because that party has failed to
designate a contact person or Customer's contact person is unavailable,
Petal shall not be responsible for any consequences that could have been
prevented by communication. Petal, however, will make reasonable
continuing efforts to notify the affected Customer.
(f) Customer Compliance: A Customer must comply with an OFO within the time
period set forth therein unless the Customer is able to demonstrate that
such compliance (1) is not within the Customer's physical control or
capability; (2) is prevented by operating conditions on a third party
system that are beyond the Customer's control; (3) is precluded by
contractual restrictions or the lack of any contract at all with persons
other than Petal; and/or (4) is prevented due to a force majeure event
as defined in Section 17 of Petal's General Terms and Conditions. The
Customer 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.
Customer shall notify Petal immediately if it believes that it is
excused from compliance with the OFO for any of the above stated reasons
and shall provide Petal with documentation sufficient to support its
basis for non-compliance.
(g) Penalties: If a Customer fails to comply with an OFO for any reason
other than force majeure on an upstream or downstream pipeline, such
Customer shall be: (a) liable for any damages, including, but not
limited to direct, consequential, exemplary or punitive damages incurred
by Petal or any other affected party as a result of such failure; and
(b) subject to the following penalty for each MMBtu of gas associated
with the quantity of gas that does not comply with such OFO: