ANR Storage Company

Original Volume No. 1

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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.