Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 09/01/2007, Docket: CP06-354-002, Status: Effective

Original Sheet No. 272 Original Sheet No. 272 : Effective

 

GENERAL TERMS AND CONDITIONS

 

36. OPERATIONAL PARAMETERS (Contd.)

 

36.10 STANDARDS (Contd.)

 

B. In applying this section, Transporter shall operate its

System in a non-discriminatory manner, without regard to the

source of supply, the identity or nature of any Shipper or

the identity of any entity tendering or receiving Gas except

as otherwise explicitly provided herein.

 

36.11 LIABILITY

 

A. Transporter shall not be liable to any person for the manner

in which it operates its System, or for any diversion of Gas

or Capacity rights or any other adverse consequences to such

person which may result from its actions, provided that

Transporter's actions were undertaken in furtherance of and

in accordance with this section and provided further that

such adverse consequences are not attributable to

Transporter's negligence or misfeasance.

 

B. Compliance with the Directional Notices, Critical Time

Operational Flow Orders and the other terms and conditions

of Transporter's FERC Gas Tariff is essential to provide

deliveries and services under all rate schedules. A failure

by one or more Shippers to comply with the Directional

Notices or Critical Time Operational Flow Orders may affect

Transporter's ability to provide such deliveries and

services. In such event and in addition to other provisions

hereof and not in lieu of any other remedies available in

law or at equity, Transporter will, except for negligence or

undue discrimination, have no liability consistent with the

provisions of these General Terms and Conditions.

 

C. In the event a Shipper's Gas supplies are diverted to

another Shipper as a result of a Directional Notice or

Critical Time Operational Flow Order, the party receiving

such Gas supplies shall compensate the Shipper whose Gas was

diverted at one hundred percent (100%) of Transporter's

Monthly Index Price (as determined in Section 11.3 of these

General Terms and Conditions). Should reduced deliveries

result from the issuance of a Directional Notice or Critical

Time Operational Flow Order, Transporter shall provide

reservation charge credits to Shippers reflecting such

reduced deliveries. Nothing in this provision shall limit a

Shipper's right to seek compensation (under any available

state or common law remedies) from any Shipper receiving

diverted gas.