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. 51 Original Sheet No. 51

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11.6. Failure to Respond to OFO

 

11.6.1. Unilateral Action – In the event that Shipper does not respond to an OFO,

or the actions taken thereunder are insufficient to correct the system

problem for which the OFO was issued, or there is insufficient time to

carry out the procedures with respect to OFO’s, Transporter may take

unilateral action, including the curtailment of firm service, to address

the circumstances warranting the issuance of the OFO pursuant to this

Section 11.1.

 

11.6.2. OFO Penalty – If a Shipper fails to comply with an OFO it will be subject

to an OFO Penalty for each MMBtu of Gas by which it deviated from the

requirements of the OFO. The daily OFO Penalty shall be computed based

on a price per MMBtu equal to three times the midpoint of the range of

prices reported for Columbia Gas Transmission Corporation - Appalachia

published in Gas Daily for the day(s) on which the OFO is issued.

 

11.6.3. Amounts collected by Transporter as payment of OFO penalties, net of re-

sulting costs, shall be credited to firm shippers who complied with the

OFO.

 

11.7. Liability of Transporter – Transporter shall not be liable for any costs incurred

by any Shipper in complying with an OFO. Transporter shall not be responsible for

any damages resulting from a Shipper’s failure to comply promptly and fully with

an OFO, and the non-complying Shipper shall indemnify Transporter against any

claims of responsibility. However, Transporter shall use reasonable efforts to

minimize any such costs or damages.

 

 

12. UNIFORM QUANTITIES

 

Shipper shall deliver and receive Gas in uniform daily quantities during any month, and

in uniform hourly quantities during any day; provided however, Transporter may allow

hourly receipts and deliveries at other than uniform quantities, if Transporter determines

that, it can do so without impairment of its other service obligations.