MarkWest Pioneer, L.L.C.
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-321-000, Status: Effective
Original Sheet No. 67 Original Sheet No. 67
GENERAL TERMS AND CONDITIONS
11.3. Notice of an OFO will be issued via telephone and followed by a facsimile.
OFOs will also be posted on Transporter’s Website. Transporter shall also
post, as soon as available, information about operational parameters, which
affect when an OFO will begin and end (e.g., significant changes in pressure
on any pipeline segment, status of facility repairs, etc.). Transporter
shall provide as much advance warning as practicable of: (i) conditions
which may create the need to issue an OFO; and (ii) the issuance,
termination or modification of an OFO. Transporter will endeavor to post
the notice that it will issue an OFO on its Website before 4:00 pm Central
Time or otherwise will endeavor to notify Shippers via its Website by 4:00
pm Central Time that they should check Transporter’s Website again at a
specified later time to see whether an OFO will be in effect for the next
Day. Additionally, if Shipper has provided to Transporter the e-mail
address as specified in NAESB Standard 5.3.35, such posting will be provided
via e-mail in the format as defined in NAESB Standard 5.3.38 at least four
(4) hours prior to the start of the Day before an OFO will be effective as
to a Shipper; provided, however, that Transporter may issue an OFO on as
little as one (1) hour notice where operationally necessary. Such notice
shall specify the anticipated duration of the OFO. An OFO will be effective
at the start of a Day and will continue until the end of the Day and through
the end of successive Days until Transporter notifies Shippers on its
Website that the OFO has been lifted.
11.4. 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 Section
27 of the GT&C, provided however, that the Shipper shall make a good faith
effort to comply with any such OFO.
11.5. Waiving of Penalty/Charges – A shipper shall not incur any charges or
penalties if such charges or penalties resulted from Shipper’s compliance
with an OFO, including any preliminary action taken by Shipper in response
to an OFO watch issued by Transporter as a precondition to an OFO.