Transcolorado Gas Transmission Company LLC

Second Revised Volume No. 1

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Effective Date: 12/28/2007, Docket: RP08-167-000, Status: Effective

Original Sheet No. 299 Original Sheet No. 299 : Effective

 

GENERAL TERMS AND CONDITIONS

 

20. SYSTEM OPERATION - (Continued)

 

20.10 Liability.

 

A. TransColorado 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 that may

result from its actions, provided that TransColorado's actions were undertaken

in furtherance of and in accordance with this Section 20 and provided further

that such adverse consequences are not attributable to TransColorado's

negligence or misfeasance.

 

B. Compliance with the OFOs and the other terms and conditions

of TransColorado'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 OFOs may affect TransColorado'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,

TransColorado will, except for negligence or undue discrimination, have no

liability.

 

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

another Shipper or retained by TransColorado as a result of an OFO, the party

receiving such gas supplies shall compensate the Shipper whose gas was

diverted or retained at the San Juan Basin spot price of gas, as determined in

Section 12.3 of these General Terms and Conditions. Should reduced deliveries

result from the issuance of an OFO, TransColorado shall provide reservation

charge credits to Shippers reflecting such reduced deliveries.

 

20.11 Reporting. Within 90 days after an OFO has been lifted,

TransColorado will post on its Interactive Website a report that describes the

specific operational factors which caused the OFO to be issued and then

lifted.