Reliant Energy Gas Transmission Company

Fifth Revised Volume No. 1

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Effective Date: 06/01/2002, Docket: RP00-482-004, Status: Effective

Substitute First Revised Sheet No. 485 Substitute First Revised Sheet No. 485 : Effective

Superseding: First Revised Original Sheet No. 485

[BACK]

GENERAL TERMS AND CONDITIONS

1. Upon Shipper's failure to pay when due all or any part of amounts billed in connection with services

rendered or to comply with the terms of this Agreement, Transporter may terminate this Agreement and/or

suspend service, as appropriate, in accordance with the provisions of Section 14 of the General Terms

and Conditions of the Tariff.

 

2. Transporter may terminate this Agreement if it relates to service under Section 311 of the Natural Gas

Policy Act of 1978 ("NGPA") if it also terminates like service for others on a not unduly

discriminatory basis which is consistent with applicable law and regulations.

 

3. Upon termination hereof for whatever reason, Shipper agrees to stop delivering gas to Transporter for

service and, unless otherwise agreed by Transporter, to seek no further service from Transporter

hereunder. Shipper agrees to cooperate with and assist Transporter in obtaining such regulatory

approvals and authorizations, if any, as are necessary or appropriate in view of such termination and

abandonment of service hereunder.

 

4. Termination of this Agreement shall not relieve either party of any obligation that might otherwise

exist to cash-out or correct any Imbalance thereunder nor relieve Shipper of its obligation to pay any

monies due hereunder to Transporter and any portions of this Agreement necessary to accomplish such

purposes shall be deemed to survive for the time and to the extent required.

 

5. This Agreement shall be subject to the provisions of Rate Schedule HFT, and, as applicable, Rate

Schedule FT, as well as the General Terms and Conditions set forth in Transporter's Tariff, as on file

and in effect from time to time, all of which by this reference are made a part hereof.

 

6. Transporter shall have the right at any time, and from time to time, to file and place into effect

unilateral changes or modifications in the rates and charges, and other terms and conditions of service

hereunder, and as set forth in said Rate Schedule and in said General Terms and Conditions, in

accordance with the Natural Gas Act or other applicable law.

 

7. Subject to the provisions of the Tariff and this Agreement, Transporter shall receive, transport, and

deliver, for the account of Shipper for the purposes contemplated herein, on a firm basis a quantity of

Gas up to the quantity or quantities specified in the Agreement.

 

8. Gas shall be (i) tendered to Transporter for transportation hereunder at the Point(s) of Receipt and

(ii) delivered by Transporter after transportation to Shipper, or for Shipper's account, at the

Point(s) of Delivery on the terms and at the points shown in this Agreement. Subject to the provisions

of the Tariff, Transporter shall tender for delivery quantities of Gas thermally- equivalent to those

delivered by Shipper, less Fuel Use and LUFG or Storage Fuel Use and LUFG retained.

 

9 Except as otherwise permitted in the Tariff, this Agreement shall not be assigned by Shipper in whole

or in part, nor shall Shipper agree to provide services to others by use of any capacity contracted for

under the Agreement, without Transporter's prior written consent. In addition to all other rights and

remedies, Transporter may terminate the Agreement immediately if it is assigned by Shipper or if

Shipper subcontracts the capacity to others contrary to the provisions hereof, whether the assignment

or contract be voluntary, or by operation of law or otherwise.Subject to the above, the respective

rights and obligations of the parties under the Agreement shall extend to and be binding upon their

heirs, successors, assigns and legal representatives. Any person which shall succeed by purchase,

merger or consolidation to the properties, substantially as an entirety, of either party hereto, shall

be entitled to the rights and shall be subject to the obligations of its predecessor in title under

this Agreement; and either party may assign or pledge this Agreement under the provisions of any

mortgage, deed of trust, indenture, bank credit agreement, assignment or similar instrument which it

has executed or may execute hereafter.

 

10. Any notice, statement, or bill provided for in this Agreement shall be in writing (or provided

electronically via the Internet to the extent Transporter permits or requires) and shall be considered

as having been given if hand delivered, or, if received, when mailed by United States mail, postage

prepaid, to the addresses specified therein, or such other addresses as either party shall designate by

written notice to the other. Additionally, notices shall be considered as having been given, if

received, when sent via facsimile or through electronic data interchange.

 

11. Shipper agrees that any representations and agreements contained in any credit application submitted in

connection with this service shall be incorporated herein by reference and made a part hereof.

 

12. All modifications, amendments or supplements to the terms and provisions hereof shall be effected by

supplementary written consent of the parties.