T.W. Phillips Pipeline Corp.

Original Volume No. 1

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Effective Date: 01/01/2010, Docket: RP10-141-000, Status: Effective

Original Sheet No. 50 Original Sheet No. 50

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11.2. Applicability of OFO – To the extent practicable, based on Transporter’s good

faith judgment concerning the situations requiring remediation, an OFO will be

directed (1) first to Shippers causing the problem necessary in which there is an

operational problem, and (2) second to those Shippers transporting Gas in the

area of the system where action is required to correct the problem necessitating

the OFO. Transporter will notify affected Shippers of termination of an OFO

promptly after concluding that the OFO can safely be removed.

 

11.3. Notice of an OFO will be issued via telephone and followed by a facsimile. OFOs

will also be posted on Transporter’s Website. Transporter shall also post, as

soon as available, information about operational parameters, which affect when an

OFO will begin and end (e.g., significant changes in pressure on any pipeline

segment, status of facility repairs, etc.). Transporter shall provide as much

advance warning as practicable of: (i) conditions which may create the need to

issue an OFO; and (ii) the issuance, termination or modification of an OFO.

Transporter will endeavor to post the notice that it will issue an OFO on its

Website before 4:00 p.m. Eastern Time or otherwise will endeavor to notify

Shippers via its Website by 4:00 p.m. Eastern Time that they should check Trans-

porter’s Website again at a specified later time to see whether an OFO will be in

effect for the next day. Additionally, if Shipper has provided to Transporter

the e-mail address as specified in NAESB Standard 5.3.35, such posting will be

provided via e-mail in the format as defined in NAESB Standard 5.3.38 at least

four (4) hours prior to the start of the day before an OFO will be effective as

to a Shipper; provided, however, that Transporter may issue an OFO on as little

as one (1) hour notice where operationally necessary. Such notice shall specify

the anticipated duration of the OFO. An OFO will be effective at the start of a

day and will continue until the end of the day and through the end of the succes-

sive days until Transporter notifies Shippers on its Website that the OFO has

been lifted.

 

11.4. Shipper Compliance – A Shipper must comply with an OFO within the time period set

forth therein unless the shipper is able to demonstrate that such compliance is

prevented due to a Force Majeure event as defined in Section 27 of the GT&C, pro-

vided however, that the Shipper shall make a good faith effort to comply with any

such OFO.

 

11.5. Waiving of Penalty/Charges – A shipper shall not incur any charges or penalties

if such charges or penalties resulted from Shipper’s compliance with an OFO, in-

cluding any preliminary action taken by Shipper in response to an OFO watch

issued by Transporter as a precondition to an OFO.