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

Fourth Revised Sheet No. 743 Fourth Revised Sheet No. 743

Superseding: Substitute Third Revised Sheet No. 743

 

GENERAL TERMS AND CONDITIONS

To

[INTERRUPTIBLE (RATE SCHEDULE IT)][INTERRUPTIBLE WHEELING (RATE SCHEDULE PHS)]

TRANSPORTATION SERVICE AGREEMENT

[TSA No.: ________________}

 

 

1. Upon Shipper's failure to pay when due all or any part of amounts billed in connection with services

rendered or to comply with the terms of this Agreement, Transporter may terminate this Agreement and/or suspend

service, as appropriate, in accordance with the provisions of Section 14 of the General Terms and Conditions of

the Tariff.

 

2. Upon termination hereof for whatever reason, Shipper agrees to stop delivering gas to Transporter for

service and, unless otherwise agreed by Transporter, to seek no further service from Transporter hereunder.

Shipper agrees to cooperate with and assist Transporter in obtaining such regulatory approvals and

authorizations, if any, as are necessary or appropriate in view of such termination and abandonment of service

hereunder.

 

3. Termination of this Agreement shall not relieve either party of any obligation that might otherwise

exist to cash-out or correct any Imbalance hereunder nor relieve Shipper of its obligation to pay any monies due

hereunder to Transporter and any portions of this Agreement necessary to accomplish such purposes shall be

deemed to survive for the time and to the extent required.

 

4. This Agreement shall be subject to the provisions of Rate Schedule [IT] [PHS] as well as the General

Terms and Conditions set forth in Transporter's Tariff, as on file and in effect from time to time, all of which

by this reference are made a part hereof.

 

5. Transporter shall have the right at any time, and from time to time, to file and place into effect

unilateral changes or modifications in the rates and charges, and other terms and conditions of service

hereunder, and as set forth in said Rate Schedule and in said General Terms and Conditions, in accordance

with the Natural Gas Act or other applicable law.

 

6. Subject to the provisions of the Tariff and this Agreement, Transporter shall receive, transport, and

deliver, for the account of Shipper for the purposes contemplated herein, on an interruptible basis a quantity

of Gas up to the quantity or quantities specified in the Agreement.

 

7. For wheeling service, subject to the provisions of the Tariff and this Agreement, Transporter shall

receive, transport, and deliver, for the account of Shipper for the purposes contemplated herein, on an

interruptible basis a quantity of Gas up to the quantity or quantities authorized from time to time by

Transporter.

 

8. For wheeling service, Gas shall be (i) tendered to Transporter for transportation hereunder at the

Point(s) of Receipt and (ii) delivered by Transporter after transportation to Shipper, or for Shipper's account,

at the Point(s) of Delivery on the terms and at the points shown in this Agreement. Subject to the provisions

of the Tariff, Transporter shall tender for delivery quantities of Gas thermally-equivalent to those delivered

by Shipper, less Fuel Use and LUFG or Alternate Fuel Retentions, as applicable, retained to the extent required

by the Tariff.

 

9. Gas shall be (i) tendered to Transporter for transportation hereunder at the Point(s) of Receipt and

(ii) delivered by Transporter after transportation to Shipper, or for Shipper's account, at the Point(s) of

Delivery on the terms and at the points shown in this Agreement. Subject to the provisions of the Tariff,

Transporter shall tender for delivery quantities of Gas thermally-equivalent to those delivered by Shipper, less

Fuel Use and LUFG or Storage Fuel Use and LUFG retained.

 

10. Except as otherwise permitted in the Tariff, this Agreement shall not be assigned by Shipper in whole

or in part, nor shall Shipper agree to provide services to others by use of any capacity contracted for under

the Agreement, without Transporter's prior written consent. In addition to all other rights and remedies,

Transporter may terminate the Agreement immediately if it is assigned by Shipper or if Shipper subcontracts the

capacity to others contrary to the provisions hereof, whether the assignment or contract be voluntary, or by

operation of law or otherwise. Subject to the above, the respective rights and obligations of the parties under

the Agreement shall extend to and be binding upon their heirs, successors, assigns and legal representatives.

Any person which shall succeed by purchase, merger or consolidation to the properties, substantially as an

entirety, of either party hereto, shall be entitled to the rights and shall be subject to the obligations of its

predecessor in title under this Agreement; and either party may assign or pledge this Agreement under the

provisions of any mortgage, deed of trust, indenture, bank credit agreement, assignment or similar instrument

which it has executed or may execute hereafter.