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