GENERAL TERMS AND CONDITIONS

(continued)


 


 

To facilitate such determination of variances on a

timely basis, Pipeline and the OBA Party will agree in

the OBA on necessary measurement and accounting

procedures. Pipeline shall post on its Internet Web

Site those Receipt Points and Delivery Points at which

an OBA is in effect. When Pipeline enters into an OBA

with an interstate pipeline, intrastate pipeline, or LNG

terminal, Pipeline may waive the daily nomination and

scheduling provisions in GT&Cs Sections 5 and 6, to

maintain operational flexibility and integrity.


 

(b) Pipeline shall have no obligation to negotiate and

execute OBAs with any OBA Party that:


 

(1) is not creditworthy as determined pursuant to

GT&Cs Section 2; for purposes of such provision,

references to Shipper shall refer to the OBA

Party;


 

(2) does not maintain dispatching operations which

are staffed on a continuous around-the-clock

basis every day of the year;


 

(3) would cause the level of regulation which

Pipeline is subject to prior to the execution of

the applicable OBA to increase; or


 

(4) does not commit to timely determination of

variances based on reasonable available

measurement technology; or


 

(5) has not demonstrated operational consistency

commensurate with the OBA relationship over a

minimum period of three years.


 

(c) Nothing in this Section 7.1 nor any executed OBA shall

limit Pipeline's rights to take action as may be

required to adjust receipts and deliveries under any

Service Agreement to reflect actual experience or to

alleviate conditions which threaten the integrity of

Pipeline's system, including maintenance or service of

higher priority Shippers and/or services.