Pacific Gas Transmission Company
First Revised Volume No. 1-A
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Effective Date: 02/02/1998, Docket: GT98- 17-002, Status: Effective
Substitute First Revised Sheet No. 195 Substitute First Revised Sheet No. 195 : Effective
Superseding: First Revised Sheet No. 195
FORM OF SERVICE AGREEMENT
APPLICABLE TO ELECTRONIC DATA INTERFACE
4.4.2. Within thirty (30) days of receipt of the written demand,
set forth in Section 4.4.1, or as soon thereafter as is
practicable for the parties and the Arbitrator(s), the parties
shall enter into binding arbitration. The proceeding shall be
conducted pursuant to the Commercial Arbitration Rules of the
American Arbitration Association then in effect. The parties
shall select and agree upon a single Arbitrator and that one
Arbitrator shall render the decision. If the parties are unable
to agree upon a single Arbitrator, PG&E GT-NW and the User shall each
select a single neutral arbitrator, and the two selected neutral
Arbitrators shall select and agree upon a third neutral
Arbitrator, and the three (3) Arbitrators shall render the
decision. In the event that the two neutral Arbitrators selected
by the parties are unable to select and agree upon a third
neutral Arbitrator, PG&E GT-NW or the User may apply to any federal or
state court of competent jurisdiction for appointment of a third
neutral Arbitrator. Any arbitration award must be in writing,
and must contain the Findings of Fact and Conclusions of Law upon
which the Arbitrator(s) relied in making the decision. In the
event there is a single Arbitrator, the arbitration award shall
be rendered by a majority and signed by such Arbitrator. In the
event the above provisions require three (3) Arbitrators, a
decision shall be rendered by a majority and signed by all of the
Arbitrators. Any arbitration award may be entered as a judgment
in any court having jurisdiction over the non-prevailing party.
The Arbitrator(s) shall award all reasonable costs, including
attorney fees, to the prevailing party. Arbitration proceedings
shall take place in Portland, Oregon.
(Continued)