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. 120 Second Revised Sheet No. 120

Superseding: First Revised Sheet No. 120

 

GENERAL TERMS AND CONDITIONS (continued)

 

 

19. Operational Flow Orders (con't.)

 

of Shipper's Total Firm Entitlement or any maximum entitlement level specified

in Shipper's Service Agreement(s) with Transporter.

 

(b)

A Shipper must comply with an OFO within the time period set forth therein

unless the Shipper is able to demonstrate that such compliance:

 

(i) is not within Shipper's physical or contractual control;

(ii) is prevented by operating conditions on a third party pipeline system

beyond Shipper's control;

(iii) is precluded by its contractual restrictions with a third party pipeline

system; and/or

(iv) is prevented due to curtailment, as defined in Section 17 (Non-Emergency

Service Interruption) or Section 18 (Force Majeure and Curtailment) of

the General Terms and Conditions of this Tariff; provided that Shipper

shall make a good faith effort to comply with an OFO, including seeking

waivers of any contractual limits with third party pipelines or

modifications of operating conditions on third party pipeline systems.

Shipper shall notify Transporter immediately if it believes that it is

excused from compliance with the OFO for the reasons set forth in this

subparagraph, and shall promptly provide Transporter with documentation

sufficient to support its basis for non-compliance.

 

(c)

A Shipper shall not incur penalties for complying with an OFO.