Blue Lake Gas Storage Company
First Revised Volume No. 1
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Effective Date: 11/01/2007, Docket: RP08- 17-000, Status: Effective
First Revised Sheet No. 155D First Revised Sheet No. 155D : Effective
Superseding: Original Sheet No. 155D
GENERAL TERMS AND CONDITIONS
(Continued)
17.6 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 17.6, 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.
17.7 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.
17.8 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 17.4(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.