Pine Prairie Energy Center, LLC
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 133 Original Sheet No. 133 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
(g) OFOs: In the event that, in PPEC's judgment,
immediate action is required to alleviate conditions which
threaten to impair reliable firm service, to maintain operations
at the pressures required to provide efficient and reliable
service, to have adequate Gas supplies in the system to deliver on
demand, to maintain services to all firm Customers and for all
firm services, and/or to maintain the system in balance for the
foregoing purposes, PPEC may forgo the action described in Section
5.5(f) and immediately issue an OFO. In the event that (l)
Customer or point operator does not respond to an Action Alert,
(2) the actions taken thereunder are insufficient to correct the
system problem for which the Action Alert was issued, or (3) there
is insufficient time to carry out the procedures with respect to
Action Alerts, PPEC may issue an OFO pursuant to this Section
5.5(g) or take unilateral action, including the curtailment of
firm service, to maintain the operational integrity of PPEC's
system. For purposes of this Section, the operational integrity
of PPEC'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, and the maintenance (on a reliable
and operationally sound basis) of total system deliverability and
the quality of Gas delivered.
(h) Termination of an Action Alert or OFO: PPEC shall
lift any effective Action Alert or OFO promptly upon the cessation
of operating conditions that caused the relevant system problem.
After PPEC has lifted the Action Alert or the OFO, PPEC shall post
a notice on its Internet Web Site specifying the factors that
caused the Action Alert or OFO to be issued and then lifted, to
the extent such factors are known. PPEC shall also provide such
notification via e-mail communication to those Customers who have
submitted a request, and provided e-mail address information for
at least one contact person, via PPEC's Internet Web Site to
receive e-mail notification of Critical Notices issued by PPEC.
(i) Penalties: All quantities tendered to PPEC and/or
taken by Customer on a daily basis in violation of an Action Alert
or OFO shall constitute unauthorized receipts or deliveries for
which the applicable Action Alert or OFO penalty charge stated
below shall be assessed.
(l) Action Alert penalty charge for each Dekatherm of Gas
by which Customer deviated from the requirements of the
Action Alert shall be equal to an Action Alert Index
Price, calculated as 110% of the applicable daily Gas
Daily posting for Henry Hub for the Day on which the
deviation occurred, multiplied by the quantity by
which the Customer deviated from the requirements of
the Action Alert.
(2) OFO penalty charge for each Dekatherm of Gas by which
Customer deviated from the requirements of the OFO
shall be equal to an OFO Index Price, calculated as
three (3) times the applicable daily Gas Daily posting
for Henry Hub for the Day on which the deviation
occurred, multiplied by the quantity by which the
Customer deviated from the requirements of the OFO.