Steuben Gas Storage Company
Original Volume No. 1
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Effective Date: 09/14/2001, Docket: RO00-485-001, Status: Effective
Original Sheet No. 156D Original Sheet No. 156D : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
(e) the quantity of Gas required to remedy the
operational condition requiring the issuance of the
OFO; and
(f) any other terms Seller may reasonably require to ensure
the effectiveness of the OFO.
18.6 Failure to Comply with OFO. If Customer or agent fails to
comply with the terms of 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 Seller or any other affected party as a
result of such failure. Notwithstanding anything to the
contrary in this Section 18.6, 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.
18.7 Seller's Liability for OFO's. Seller shall not be liable to
any person for any costs, damages or other liability
associated with the issuance of, or the failure to issue, any
OFO's, provided, however, Seller shall be liable for acts of
negligence or undue discrimination, such standards to be
judged in light of the emergency conditions under which OFO's
are issued.
18.8 Seller's Scheduling Authority. Seller shall have the right
to act as a scheduling agent for a Customer's account if (a)
the Customer refuses to schedule gas injections or
withdrawals as specified by an OFO issued pursuant to Section
18.4(a); or (b) if Seller requires additional quantities in
less than the twenty-four (24) hour notice period normally
required for an OFO, and the Customer has refused a verbal
request to schedule the required quantity of Gas.