Central Kentucky Transmission Company

Original Volume No. 1

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Effective Date: 05/01/2006, Docket: CP05- 48-002, Status: Effective

Original Sheet No. 170 Original Sheet No. 170 : Effective

 

GENERAL TERMS AND CONDIITONS

(Continued)

 

(e) Transporter has the right to issue OFOs on a

nondiscriminatory basis without liability except in cases of Transporter's

gross negligence or undue discrimination. Compliance with the OFOs and the

other terms and conditions of Transporter's Tariff is essential to

Transporter's ability to provide deliveries and services under all Rate

Schedules. A failure by one or more Shipper(s) to comply with the

Operational Flow Orders may affect Transporter's ability to provide such

deliveries and services. In such event and in addition to other provisions

hereof and not in lieu of any other remedies available in law or at equity,

Transporter will, except in cases of Transporter's gross negligence or

undue discrimination, have no liability or responsibility for its inability

to provide deliveries and services and will be indemnified and held

harmless against any claims related to such failure to provide deliveries

and services by the Shipper(s) failing to comply with Transporter's Tariff

and in particular, the provisions of this Section.

 

(f) Transporter will have the right to issue an OFO to any

Shipper or OBA Party when, in Transporter's sole judgment, an OFO is

required to alleviate conditions which threaten system integrity, safety or

service or to ensure compliance with the provisions contained in this

Tariff. During conditions which threaten system integrity, safety or

service, an OFO will not be issued to protect interruptible service.

 

(g) Nothing shall limit Transporter's right to take action as may

be required to physically adjust actual receipts and actual deliveries of

gas in order to alleviate conditions that threaten the integrity of its

system.

 

17.3 Limitations.

 

(a) Shipper shall not be required to flow gas pursuant to this

Section in excess of Shipper's Transportation Demand specified in Shipper's

Service Agreement(s) with Transporter.