Caledonia Gas And Storage
Original Volume No. 1
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Effective Date: 05/01/2007, Docket: CP05- 15-003, Status: Effective
Original Sheet No. 37 Original Sheet No. 37 : Effective
4.5 Operational Flow Orders. Caledonia, in its discretion, shall have the
right to issue OFOs when in its judgment it is necessary to maintain or restore
the operational integrity of Caledonia’s storage system.
4.5.1 OFO Notice, Contents and Procedures. Caledonia shall issue an OFO as
expeditiously as is reasonably practicable in the circumstances, utilizing
electronic communication, (information transmitted via Caledonia’s Internet
Website, electronic delivery mechanism prescribed by NAESB or other mutually
agreed communication methodologies used to transmit and receive information,
including communication by telephone). Caledonia shall post and provide
Customers with updated information concerning the status of operational
variables related to the OFO as soon as it is available. Each OFO will contain
the following provisions:
(a) time and date of issuance;
(b) time that the OFO is considered to be effective (if no time is specified,
the OFO shall be effective immediately);
(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 Caledonia may reasonably require to ensure the
effectiveness of the OFO.
4.5.2 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 Caledonia or any other affected party as a result of such
failure; and (b) subject to the following penalty for each Dth of gas
associated with the quantity of gas that does not comply with the
OFO:
$15 + spot price
For purposes of this section 4.5.2, "spot price" shall mean the highest daily
spot price during the OFO period for the location Tennessee, La., 500 Leg as
reported in the Daily Price Survey in the industry publication of Gas Daily
plus applicable transportation costs to move gas to the Caledonia Storage
Facility. Notwithstanding anything to the contrary in