ANR Storage Company
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 11/01/2007, Docket: RP08- 16-000, Status: Effective
Second Revised Sheet No. 155C Second Revised Sheet No. 155C : Effective
Superseding: First Revised Sheet No. 155C
GENERAL TERMS AND CONDITIONS
(continued)
(c) duration of the OFO (if none is specified, the OFO
will be effective until further notice);
(d) the party or parties receiving the OFO;
(e) the quantity of Gas required to remedy the operational
condition requiring the issuance of the OFO; and
(f) any other terms Seller may reasonably require to
ensure the effectiveness of the OFO.
16.6 Failure to Comply with OFO. If Customer or agent fails to
comply with the terms of an OFO, for any reason other than
force majeure on an upstream or downstream pipeline, such
Customer shall be: (a) liable for any damages including, but
not limited to direct, consequential, exemplary or punitive
damages incurred by Seller or any other affected party as a
result of such failure. Notwithstanding anything to
the contrary in this Section 16.6, if Customer is required to
make a nomination pursuant to an OFO, unless critical
circumstances dictate otherwise, no damages and/or penalties
will be assessed unless Customer is given the opportunity to
correct the circumstances giving rise to the OFO.
16.7 Seller's Liability for OFOs. Seller shall not be liable to
any person for any costs, damages or other liability
associated with the issuance of, or the failure to issue,
any OFOs, provided, however, Seller shall be liable for
acts of negligence or undue discrimination, such standards
to be judged in light of the emergency conditions under
which OFOs are issued.
16.8 Seller's Scheduling Authority. Seller shall have the right
to act as a scheduling agent for a Customer's account if
(a) the Customer refuses to schedule Gas injections or
withdrawals as specified by an OFO issued pursuant to
Section 16.4(a); or (b), above, if Seller requires additional
quantities in less than the twenty-four (24) hour notice
period normally required for an OFO, and the Customer has
refused a verbal request to schedule the required quantity
of Gas.