Tariff
TWP Pipeline LLC
FERC GAS TARIFF
SECOND REVISED VOLUME NO. 1
SECTION 7.11
OPERATIONAL FLOW ORDERS
VERSION 3.0.0
GENERAL TERMS AND CONDITIONS7.11.5. Waiving of Penalty/Charges – A shipper shall not incur any charges or penalties if such charges or penalties resulted from Shipper's compliance with an OFO, including any preliminary action taken by Shipper in response to an OFO watch issued by Transporter as a precondition to an OFO. 7.11.6. Failure to Respond to OFO 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 7.11.1. 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 Columbia Gas Transmission LLC - Appalachia published in Gas Daily for the day(s) on which the OFO is issued. 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. 7.11.7. 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 non-complying Shipper shall indemnify Transporter against any claims of responsibility. However, Transporter shall use reasonable efforts to minimize any such costs or damages.