K O Transmission Company
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-394-000, Status: Effective
Second Revised Sheet No. 120 Second Revised Sheet No. 120
Superseding: First Revised Sheet No. 120
GENERAL TERMS AND CONDITIONS (continued)
19. Operational Flow Orders (con't.)
of Shipper's Total Firm Entitlement or any maximum entitlement level specified
in Shipper's Service Agreement(s) with Transporter.
A Shipper must comply with an OFO within the time period set forth therein
unless the Shipper is able to demonstrate that such compliance:
(i) is not within Shipper's physical or contractual control;
(ii) is prevented by operating conditions on a third party pipeline system
beyond Shipper's control;
(iii) is precluded by its contractual restrictions with a third party pipeline
(iv) is prevented due to curtailment, as defined in Section 17 (Non-Emergency
Service Interruption) or Section 18 (Force Majeure and Curtailment) of
the General Terms and Conditions of this Tariff; provided that Shipper
shall make a good faith effort to comply with an OFO, 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 OFO for the reasons set forth in this
subparagraph, and shall promptly provide Transporter with documentation
sufficient to support its basis for non-compliance.
A Shipper shall not incur penalties for complying with an OFO.