Reliant Energy Gas Transmission Company
Fourth Revised Volume No. 1
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Effective Date: 10/04/1995, Docket: RP95-120-001, Status: Effective
First Revised Sheet No. 231A First Revised Sheet No. 231A : Effective
Superseding: Original Sheet No. 231A
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 the notice given if
originally provided by telephone. Shipper
shall have the responsibility to inform its
suppliers, other transporters and all others