K O Transmission Company

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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