Carolina Gas Transmission Corporation
Original Volume No. 1
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Effective Date: 11/01/2006, Docket: CP06- 71-001, Status: Effective
Original Sheet No. 363 Original Sheet No. 363 : Effective
5.2 The parties hereto agree that neither party shall be liable to the other
party for any special, indirect, punitive, or consequential damages
(including, without limitation, loss of profits or business
interruptions) arising out of or in any manner related to this Service
6.1 The parties hereto agree that interpretation and performance of this
Service Agreement are governed by the laws of the State of South Carolina
without recourse to South Carolina law governing conflict of laws.
6.2 This Service Agreement and the obligations of the parties are subject to
all present and future valid laws, state and federal, with respect to the
subject matter, and to all valid present and future orders, rules, and
regulations of duly constituted authorities having jurisdiction.
STANDARD OF REVIEW
7.1 This Service Agreement is based on the Form of Service Agreement for Rate
Schedule PAL included in Pipeline’s Tariff with blank spaces (for
example, in Section 2.1) and Exhibits that, when completed, will describe
specific provisions of mutual agreement between Pipeline and Shipper.
The Commission shall apply the “public interest” standard of review
rather than the “just and reasonable” standard of review when acting on
proposals by the Commission on its own motion, or by a signatory to this
Service Agreement or a non-signatory, to modify unilaterally: (1) the
types of specific provisions described above; (2) contract provisions
that deviate from the Form of Service Agreement that have been accepted
for filing by the Commission; (3) Section 3.3, which expressly provides
for Pipeline’s right to take certain actions unilaterally (the unilateral
actions themselves being subject to the “just and reasonable” standard of
review); or (4) this Article VII. The standard of review the Commission
shall apply when acting on unilateral modifications regarding all other
provisions of this Service Agreement that are proposed by the Commission
on its own motion, or by a signatory to this Service Agreement or a non-
signatory, shall be the “just and reasonable” standard of review rather
than the “public interest” standard of review.
8.1 Except as otherwise set forth herein, no modification of or supplement to
the terms and provisions hereof shall become effective except by
execution of a supplementary written agreement between the parties.