Cheniere Creole Trail Pipeline, L.P.
Original Volume No. 1
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Effective Date: 04/28/2008, Docket: RP08-137-000, Status: Effective
Original Sheet No. 164 Original Sheet No. 164 : Pending
GENERAL TERMS AND CONDITIONS
H. Remedies Available to Transporter
In the event a Shipper does not respond to an OFO and Transporter believes it
is necessary to take actions, such as buying or selling Gas to maintain system
integrity or to prevent interrupting service to another Shipper, Transporter
shall have the right, but not the obligation, to take such actions as it deems
necessary to remedy the circumstance causing issuance of an OFO. If
Transporter takes such actions, Transporter shall be made whole by such
non-responding Shipper for all reasonable costs that Transporter incurs.
Transporter shall not be liable for any costs incurred by a Shipper as
required to comply with an OFO. Remedies available to Transporter include the
(i) Transporter may enter into gas sales and/or purchase contracts on such
terms and conditions as Transporter deems necessary in order to sell or
purchase natural gas supplies for the purpose of preventing or curing an OFO
that would be caused, or has been caused, by a Shipper failing to respond to a
Critical Notice or OFO issued by Transporter.
(ii) This remedy available to Transporter hereunder shall be limited to
circumstances where the Shipper responsible for Transporter's issuance a
Critical Notice or an OFO fails to respond in a timely manner to prevent or
remedy the OFO, or where the Shipper informs Transporter of its inability to
prevent or remedy the circumstance causing issuance of an OFO.
(iii) A Shipper identified by Transporter under Section 18.E(ii) herein as
responsible for Transporter's need to enter into any gas sale or purchase
contracts in order to avoid the issuance an OFO, or in order to remedy an OFO,
shall reimburse Transporter for any and all costs Transporter incurs as a
result of entering into such gas sale or purchase contracts. Such contract
costs shall be recovered by Transporter from Shipper through a direct bill, a
surcharge to the rate paid by the Shipper or by any other means allowed by the
Commission. Transporter shall not be liable for any costs incurred by Shipper
Transporter may avail itself of any other remedies approved by the Commission.