TransColorado Gas Transmission Company
Original Volume No. 1
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Effective Date: 12/01/2003, Docket: RP00-459-002, Status: Effective
Original Sheet No. 257H Original Sheet No. 257H : Superseded
GENERAL TERMS AND CONDITIONS
20. SYSTEM OPERATION - (Continued)
(b) In applying this Section, TransColorado shall operate its
system on a non-discriminatory manner, without regard to the source of
supply, the identity or nature of any Shipper or the identity of any
entity tendering or receiving gas except as otherwise explicitly provided
herein.
20.10 Liability.
(a) TransColorado shall not be liable to any person for the
manner in which it operates its system, or for any diversion of gas or
capacity rights or any other adverse consequences to such person that may
result from its actions, provided that TransColorado's actions were
undertaken in furtherance of and in accordance with this Section 20 and
provided further that such adverse consequences are not attributable to
TransColorado's negligence or misfeasance.
(b) Compliance with the OFOs and the other terms and
conditions of TransColorado's FERC Gas Tariff is essential to provide
deliveries and services under all rate schedules. A failure by one or
more Shippers to comply with the OFOs may affect TransColorado's ability
to provide such deliveries and services. In such event and in addition to
other provisions hereof and not in lieu of any other remedies available in
law or at equity, TransColorado will, except for negligence or undue
discrimination, have no liability.
(c) In the event a Shipper's gas supplies are diverted to
another Shipper or retained by TransColorado as a result of an OFO, the
party receiving such gas supplies shall compensate the Shipper whose gas
was diverted or retained at the San Juan Basin spot price of gas, as
determined in Section 12.3 of these General Terms and Conditions. Should
reduced deliveries result from the issuance of an OFO, TransColorado shall
provide reservation charge credits to Shippers reflecting such reduced
deliveries.
20.11 Reporting. Within 90 days after an OFO has been lifted,
TransColorado will post on its Internet Web Site a report that describes
the specific operational factors which caused the OFO to be issued and
then lifted.