K O Transmission Company

Original Volume No. 1

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Effective Date: 11/01/2010, Docket: RP10-1231-000, Status: Pending

Fourth Revised Sheet No. 134 Fourth Revised Sheet No. 134

Superseding: Third Revised Sheet No. 134

 

GENERAL TERMS AND CONDITIONS (continued)

 

 

25. Internet Website (continued)

 

(b)

 

The Transporter will use the website to announce (i) the Approved Bidders

List, (ii) Generally Available Capacity, (iii) winning bids and identity of

winning bidder(s), (iv) general notices, and (v) summaries of bids and offers.

 

25.4 Available Capacity

 

(a)

 

Transporter shall post the availability of firm and interruptible capacity at

Point(s) of Receipt and Point(s) of Delivery for which Transporter receives

real-time measurement information. The website shall also disclose whether

the capacity is available from Transporter directly, or through Capacity

Release provisions as set forth in Section 4 (Release and Assignment of

Service Rights) of this Tariff's General Terms and Conditions.

 

(b)

 

The website will not announce as "available capacity" any capacity which would

be created by backhaul, displacement or exchange. Potential Replacement

Shippers inquiring of available capacity on a specific transportation path not

specified on the website may make that inquiry to Transporter by way of

facsimile or telephonic request. Transporter shall reply to that inquiry by

telephone or facsimile.

 

(c)

 

Interruptible capacity which is identified on the website as "available" can

be interrupted if a Shipper holding firm capacity on that transportation path

revises a nomination or assigns firm capacity and that nomination conforms to

nominating provisions in Section 12 (Nominating, Scheduling and Monitoring)

of the General Terms and Conditions.

 

25.5 Indemnity Clause

A participant on the website assumes sole responsibility for all use of the

website and hereby indemnifies and holds Transporter harmless against any

liability or claim of any person that is attributable to improper use of the

website. In no event will Transporter be liable to any participant for

consequential, exemplary, or special damages resulting, in whole or in part,

from use of the website; however, in case of negligence, bad faith, fraud or

willful misconduct on the part of Transporter, the