K O Transmission Company
Original Volume No. 1
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Effective Date: 06/01/1997, Docket: RP97-339-000, Status: Effective
First Revised Sheet No. 112 First Revised Sheet No. 112 : Effective
Superseding: Substitute Original Sheet No. 112
GENERAL TERMS AND CONDITIONS (continued)
18. Force Majeure and Curtailment
This section provides the procedures in the event that transportation service is
curtailed due to force majeure, other unforeseen conditions or operating
conditions. Force majeure events are defined as acts of God, strikes, lockouts or
other industrial disturbances, acts of the public enemy or terrorists, wars, block-
ades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires,
storms, tropical storm or hurricane warnings issued by the National Weather
Service (to the extent that such warnings result in actions preventing or
restricting service to Shipper), washouts, arrest or restraint of rulers and people,
civil disturbances, explosions, or breakage or accident to machinery or walls or
lines of pipe, line or well freezeups, partial or total failure or unavailability of
capacity, inability to obtain or unavoidable delay in obtaining materials, supplies,
equipment, permits or labor to perform or comply with any obligations or
conditions of an agreement, inability to obtain access to rights-of-way, the
binding order of any court or governmental authority which has been resisted in
good faith by all reasonable legal means, and any declaration of a force majeure
event under the Operating Agreement or any breach of the Operating Agreement
by Columbia Gas Transmission Corporation (Columbia). The Operating
Agreement shall mean the agreement by and between Columbia and Transporter,
dated March 31, 1994 and as amended from time to time, concerning the operation
of Transporter's system.
In the event that Columbia experiences a force majeure event on its system which
would directly impact Transporter's operations pursuant to the Agreement, or
in the event that there is a breach of the March 31, 1994 Agreement by Columbia,
or if Transporter experiences a force majeure event on its system, then the
following curtailment provisions would apply.
18.1 Curtailment Service Priorities
The provisions set forth in this Section shall apply to Shippers' FTS and ITS
Rate Schedules and all Service Agreements thereunder. In the event capacity is
unavailable to continue the receipt, transport and delivery of all Shippers'
natural gas volumes which has been scheduled and is flowing on Transporter's
system, Transporter may elect to curtail transportation sequentially among the
Rate Schedules priority groupings set forth below and in the order and manner as
proscribed until the necessary level of curtailment is achieved.
(a)
Quantities under Shipper's Rate Schedule ITS and overrun
quantities in excess of