Trans-Union Interstate Pipeline, L.P.

Original Volume No. 1

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Effective Date: 02/07/2006, Docket: RP06-217-001, Status: Effective

First Revised Sheet No. 122 First Revised Sheet No. 122 : Effective

Superseding: Original Sheet No. 122

 

(1) first to Shippers causing the problem necessitating

the OFO or transporting gas in the area of the system

in which there is an operational problem, and

(2) second to those Shippers transporting gas in the

area of the system where action is required to correct

the problem necessitating the OFO. Transporter will

notify affected Shippers of termination of an OFO

promptly after concluding that the OFO can safely be

removed.

 

14.3 Notice: All OFOs will be issued via telephone to be

followed by a facsimile to the affected Shipper. The

OFO will set forth (1) the time and date of issuance,

(2) the actions Shipper/operator is required to take,

(3) the time by which Shipper must be in compliance

with the OFO, (4) the anticipated duration of the OFO,

and (5) any other terms that Transporter may

reasonably require to ensure the effectiveness of the

OFO. Each Shipper must designate one or more persons,

but not more than three persons, for Transporter to

contact on operating matters at any time, on a 24-hour

a day, 365-day a year basis. Such contact persons must

have adequate authority and expertise to deal with such

operating matters. If Transporter cannot contact any

Shipper because that Shipper has failed to designate a

contact person or Shipper's contact person is

unavailable, Transporter shall not be responsible for

any consequences that could have been prevented by

communication. Transporter, however, will make

reasonable continuing efforts to notify the affected

Shipper. Notwithstanding the foregoing, notification

by the Delivering Pipeline of an OFO affecting Shippers

that use Transporter's system shall not be responsible

for any consequences that could have been prevented by

communication. Transporter, however, will make

reasonable continuing efforts to notify the affected

Shipper. Notwithstanding the foregoing, notifications

by the Delivering Pipeline of an OFO affecting Shippers

that use Transporter's system shall automatically be

deemed to be an OFO on Transporter's system without

further notice by Transporter. To the extent

practicable, Transporter shall provide an advance

warning of a possible OFO.

 

14.4 Shipper Compliance: A Shipper must comply with an OFO

within the time period set forth therein unless the

shipper is able to demonstrate that such compliance is

prevented due to a force majeure event as defined in

Article 16 of Transporter's General Terms and

Conditions, provided however, that the Shipper shall

make a good faith effort to comply with any such OFO,

including seeking waivers of any contractual limits

with third parties or modifications of operating

conditions on third party systems. Shipper shall

notify Transporter immediately if it believes that it

is excused from compliance with the OFO for any of the

above stated reasons, and shall provide Transporter

with documentation sufficient to support its basis for

non-compliance.

 

14.5 Penalties: If a Shipper fails to comply with an OFO,

it shall be subject to (1) a penalty of $10.00 per dth

for any volume of gas by which it deviated from the

requirements of the OFO and (2) an Unauthorized Overrun

Charge of $25.00 per Dth for quantities taken by

Shipper in excess of its MDQ. A Shipper shall not

incur any