Reliant Energy Gas Transmission Company

Fifth Revised Volume No. 1

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Effective Date: 06/01/2002, Docket: RP00-482-003, Status: Effective

First Revised Sheet No. 345 First Revised Sheet No. 345 : Effective

Superseding: Original Sheet No. 345

GENERAL TERMS AND CONDITIONS

(continued)

 

Imbalance cash-out payments or credits and any reservation

charge credits or adjustments due such Shippers for the

Month.

 

The foregoing provisions are considered a liquidated damages

clause and therefore, shall be the only measure of

compensation for Shippers which did not receive their

scheduled quantity during the curtailment and/or were not

able to use their capacity up to their initial pro rata

curtailment share of capacity; provided, however, that a

harmed Shipper shall not be precluded from pursuing other

legal remedies directly against Shippers which received

diverted Gas. Transporter will take all reasonable steps to

collect such compensation from Shippers receiving Gas above

their scheduled quantity or capacity above their initial pro

rata share during the curtailment and will pay any amounts

collected under this provision to the Shippers which did not

receive their scheduled quantity or their initial pro rata

curtailment share of capacity during the curtailment.

However, in the event Transporter is unable to collect such

compensation from the responsible Shippers after taking all

reasonable steps, Transporter shall not be liable for

payment to the Shippers entitled to such compensation. In

no event will Shippers involved in a dispute as to the

diversion of their Gas during a curtailment seek to hold

Transporter liable for direct or consequential damages

resulting from the diversion of Gas. Further, it is clearly

understood that Transporter will act merely as a conduit

with respect to any role it may have in the collection of

monies as payment for diverted Gas.

 

(e) Notices. Transporter shall provide Shipper(s) with notice

of curtailment or interruption at a time and in a manner

that is reasonable under then existing conditions, and shall

in any event confirm in writing (or electronically via the

Internet) the notice given if originally provided by

telephone. Shipper shall have the responsibility to inform

its suppliers, other transporters and all others