Kinder Morgan Interstate Gas Transmission LLC
Fourth Revised Volume No. 1-B
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Effective Date: 06/01/2003, Docket: RP00-343-006, Status: Effective
First Revised Sheet No. 81C First Revised Sheet No. 81C : Effective
GENERAL TERMS AND CONDITIONS OF SERVICE - continued
(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.
29.11 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 liabiltiy consistent with the
provisions in Section 16.5 of these General Terms and
Conditions.
(c) In the event a Shipper's Gas supplies are diverted to
another Shipper or retained by Transporter 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 or retained at one hundred
percent (100%) of Transporter's cashout index price. 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.