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.