Viking Gas Transmission Company
Original Volume No. 1
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Effective Date: 11/01/1993, Docket: RS92- 52-001, Status: Effective
Original Sheet No. 58 Original Sheet No. 58 : Superseded
GENERAL TERMS AND CONDITIONS (Continued)
(c) Upon the issuance of an OFO by Transporter, it shall be incumbent upon each
Shipper/Operator to adjust gas supplies as directed. Such response shall be
required within the time frame specified in the OFO. Failure to comply in a timely
fashion with an OFO may result in an immediate interruption of all or a portion of
Shipper's/Operator's service and cause Shipper/Operator to incur penalties as
provided for in Rate Schedule LMS. Penalty revenues received by Transporter from
Shippers who fail to comply with the OFO will be used to compensate Shippers who
comply with the OFO and do not receive their scheduled quantities as a result of
the unauthorized actions or the noncomplying Shippers; provided, however, that in
no event shall the compensation paid to Shippers who comply with OFOs exceed the
penalty revenues actually collected by Transporter from non-complying Shipper. The
payment of unauthorized overrun penalties does not create the right to exceed the
levels established by an OFO.
(d) In the event Shipper(s)/Operator(s) does not respond to the OFO and Transporter
believes it is necessary to take actions (i.e., buying or selling gas, etc.) to
maintain system integrity or to prevent interrupting service to another Shipper,
Transporter shall have the right, but not the obligation, to take such remedial
actions as it deems necessary. If Transporter takes these actions, it shall be
made whole by the non-responding Shipper(s)/Operator(s) for all costs that
Transporter incurs.
(e) Transporter shall not be liable for any costs incurred by any Shipper/Operator in
complying with an OFO.
(f) Transporter shall not be responsible for any damages that result from any
interruption in Shipper's/Operator's service that is a result of a
Shipper's/Operator's failure to comply promptly and fully with an OFO and the
non-complying Shipper(s)/Operator(s) shall indemnify Transporter against any claims
of responsibility.
(g) Notwithstanding the foregoing, when gas supplies necessary to effectuate
transportation deliveries are not flowing on the system, Transporter will not be
responsible for backing up such supplies and the associated deliveries will be
subject to interruption.
(h) OFO Notice, Contents and Procedures. Transporter shall issue an OFO as
expeditiously as is reasonable and practicable in the circumstances. Each OFO will
contain the following provisions:
(i) time and date of issuance;