K O Transmission Company

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-394-000, Status: Effective

Second Revised Sheet No. 105 Second Revised Sheet No. 105

Superseding: First Revised Sheet No. 105

 

GENERAL TERMS AND CONDITIONS (continued)

 

 

17. Non-Emergency Service Interruption

 

Transporter shall allocate capacity among its Rate Schedules when it has

received nominations from Shippers that exceed available capacity and

Transporter must establish scheduling priorities due to a non-emergency or a

foreseen interruption of service

 

17.1 Relief from liability

In the event of a non-emergency or a foreseen interruption of service which

could cause the receipt or delivery of gas to be decreased, suspended or

discontinued (such as, but not limited to, maintenance, construction, test,

rehabilitation, and repairs on pipelines), neither Transporter nor Shipper shall

be liable to the other for any damages resulting from any act, omission, or

circumstances occasioned by or in consequence of such events either on

Transporter's system or Columbia's system as it pertains to the Agreement by

Columbia Gas Transmission Corporation (the agreement by and between Columbia and

Transporter, dated March 31, 1994 and as amended from time to time).

 

17.2 Liabilities not relieved

Such causes or contingencies affecting the performance by either party, as

defined in Section 17.1, however, shall not relieve it of liability in the event

of its failure to use due diligence to remedy the situation and remove the

causes or contingencies affecting the performance of said contract, nor shall

such causes or contingencies relieve either party from its obligations to make

payments of amounts then due thereunder, nor shall such causes or contingencies

relieve either party of liability unless such party shall give immediate

telephonic notice followed by full particulars of the same in writing or by

facsimile to the other party as soon as possible after the occurrence relied on.

 

17.3 Reallocation of Capacity

Transporter shall allocate capacity among its Rate Schedules when it has

received nominations from Shippers that exceed available capacity due to a

non-emergency or a foreseen interruption of service.

 

(a)

In a particular segment of Transporter's system, interruptions of firm and

interruptible services shall be put into effect; in accordance with this

Section, only for those Shippers served through the segment(s) in which service

has been impaired. Any Shipper that fails to interrupt its firm or

interruptible service as directed by Transporter shall