Millennium Pipeline Company, L. L. C.
Original Volume No. 1
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Effective Date: 12/22/2008, Docket: CP98-150-011, Status: Effective
Original Sheet No. 218 Original Sheet No. 218
GENERAL TERMS AND CONDITIONS
(b) A Shipper must comply with an Operational Flow Order within
the time period set forth therein unless the Shipper is able to demonstrate
that such compliance: (1) is not within Shipper's physical or contractual
control; (2) is prevented by operating conditions on a third party pipeline
system beyond Shipper's control; (3) is precluded by its contractual
restrictions with a third party pipeline system; and/or (4) is prevented due
to a force majeure event as defined in Section 15 (Force Majeure) of the
General Terms and Conditions; provided that Shipper shall make a good faith
effort to comply with an Operational Flow Order, including seeking waivers of
any contractual limits with third party pipelines or modifications of
operating conditions on third party pipeline systems. Shipper shall notify
Transporter immediately if it believes that it is excused from compliance
with the Operational Flow Order for the reasons set forth in this
subparagraph (b), and shall promptly provide Transporter with documentation
sufficient to support its basis for non-compliance.
(c) A Shipper shall not incur penalties for complying with an
Operational Flow Order.