Reliant Energy Gas Transmission Company

Fifth Revised Volume No. 1

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Effective Date: 12/01/2002, Docket: RP02-196-003, Status: Pending

First Revised Sheet No. 512 First Revised Sheet No. 512 : Pending

Superseding: Original Sheet No. 512

GENERAL TERMS AND CONDITONS

ATTACHMENT TO RATE SCHEDULE PHS TSA

 

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 hereunder 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 PHS and any other applicable Rate

Schedules, 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. For wheeling service, 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 an

interruptible basis a quantity of Gas up to the quantity or quantities authorized from time to time by

Transporter.

 

8. For wheeling service, 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 Delhi Fuel Use and/or Wheeling LUFG retained to the extent required by the Tariff.

 

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 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 or electronic consent of the parties.