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. 171 Original Sheet No. 171 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(b) A Shipper must comply with an OFO within the time period set

forth therein unless the Shipper is able to demonstrate that such

compliance: (1) is not within Shipper's physical or contractual control;

(2) is prevented by operating conditions on a third party pipeline system

beyond Shipper's control; (3) is precluded by its contractual restrictions

with a third party pipeline system; and/or (4) is prevented due to a force

majeure event as defined in Section 15 (Force Majeure) of the General Terms

and Conditions; provided that Shipper shall make a good faith effort to

comply with an OFO, including seeking waivers of any contractual limits

with third party pipelines or modifications of operating conditions on

third party pipeline systems. Shipper shall notify Transporter immediately

if it believes that it is excused from compliance with the OFO for the

reasons set forth in this subparagraph (b), and shall promptly provide

Transporter with documentation sufficient to support its basis for non-

compliance.

 

(c) A Shipper shall not incur penalties for complying with an

OFO.