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