Petal Gas Storage, L. L. C.
Original Volume No. 1
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Effective Date: 07/25/2008, Docket: RP08-421-000, Status: Effective
First Revised Sheet No. 134 First Revised Sheet No. 134
Superseding: Alternate Original Sheet No. 134
GENERAL TERMS AND CONDITIONS (Continued)
For OFO Level One: $10 + spot price
For OFO Level Two: $15 + spot price
For OFO Level Three: $25 + spot price
For purposes of Section 23.8(g), "spot price" shall mean the highest
daily spot price during the OFO period for the following location as
published in Inside FERC, Spot Gas Prices:
Delivered to Pipeline: Transco Zone 4.
Notwithstanding anything to the contrary in this Section 23.8, if
Customer is required to make a nomination pursuant to an OFO, unless
critical circumstances dictate otherwise, no damages and/or penalties
will be assessed unless Customer is given the opportunity to correct
the circumstances giving rise to the OFO. A Customer shall not incur
any charges or penalties if such charges or penalties would not have
been incurred but for Customer's compliance with an OFO, including any
preliminary action taken by Customer in response to a warning issued by
Petal as a precondition to an OFO. A Customer shall not incur any
penalties if the OFO was necessitated exclusively by Petal's negligence
or willful misconduct. Petal will credit all revenues from OFO
penalties in compliance with Section 24 of the General Terms and
Conditions.
(h) Liability of Petal: Petal shall not be liable for any costs incurred
by any Customer in complying with an OFO. Petal shall not be
responsible for any damages that result from any interruption in
Customer's service that is a result of a Customer's failure to comply
promptly and fully with an OFO, and the noncomplying Customer shall
indemnify Petal against any claims of responsibility. However, Petal
shall use reasonable efforts to minimize any such costs or damages, and
nothing herein shall exempt Petal from liability in the event of
Petal's negligence or willful misconduct.
(i) Unilateral Action: In the event that (1) Customer does not respond to
an OFO, or (2) the actions taken thereunder are insufficient to
correct the system problem for which the OFO was issued, or (3) there
is insufficient time to carry out the procedures with respect to OFOs,
Petal may periodically take unilateral action, including the
curtailment of firm service, to maintain the operational integrity of
Petal's system (or any portion thereof). For purposes of this
section, the operational integrity of Petal'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.