Centerpoint Energy Gas Transmission Company
Sixth Revised Volume No. 1
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Effective Date: 05/01/2010, Docket: RP10-567-000, Status: Effective
First Revised Sheet No. 451 First Revised Sheet No. 451
Superseding: Original Sheet No. 451
GENERAL TERMS AND CONDITIONS
(continued)
10. ASSIGNMENT AND CURTAILMENT OF CAPACITY (continued)
Imbalance cash-out payments or credits and any reservation
charge credits or adjustments due such Shippers for the
Month.
The foregoing provisions are considered a liquidated damages
clause and therefore, shall be the only measure of
compensation for Shippers which did not receive their
scheduled quantity during the curtailment and/or were not
able to use their capacity up to their initial pro rata
curtailment share of capacity; provided, however, that a
harmed Shipper shall not be precluded from pursuing other
legal remedies directly against Shippers which received
diverted Gas. Transporter will take all reasonable steps to
collect such compensation from Shippers receiving Gas above
their scheduled quantity or capacity above their initial pro
rata share during the curtailment and will pay any amounts
collected under this provision to the Shippers which did not
receive their scheduled quantity or their initial pro rata
curtailment share of capacity during the curtailment.
However, in the event Transporter is unable to collect such
compensation from the responsible Shippers after taking all
reasonable steps, Transporter shall not be liable for
payment to the Shippers entitled to such compensation. In
no event will Shippers involved in a dispute as to the
diversion of their Gas during a curtailment seek to hold
Transporter liable for direct or consequential damages
resulting from the diversion of Gas. Further, it is clearly
understood that Transporter will act merely as a conduit
with respect to any role it may have in the collection of
monies as payment for diverted Gas.
(e) Notices. Transporter shall provide Shipper(s) with notice
of curtailment or interruption at a time and in a manner
that is reasonable under then existing conditions, and shall
in any event confirm in writing (or electronically via the
Internet) the notice given if originally provided by
telephone. Shipper shall have the responsibility to inform
its suppliers, other transporters and all others