MarkWest Pioneer, L.L.C.
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-321-000, Status: Effective
Original Sheet No. 68 Original Sheet No. 68
GENERAL TERMS AND CONDITIONS
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 “CENTERPOINT, EAST” as
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
resulting 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 noncomplying 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 to its other service