Pinnacle Pipeline Company
ORIGINAL VOLUME NO. 1
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Effective Date: 10/08/2003, Docket: RP04-102-001, Status: Effective
Original Sheet No. 159 Original Sheet No. 159 : Effective
those Sections, the parties shall have such other
rights and remedies as may exist at law or in
equity.
27. CHANGES IN RATES OR GENERAL TERMS AND CONDITIONS
Unless otherwise agreed, Transporter may, from time to
time propose and file with FERC, in accordance with
Section 4 of the Natural Gas Act, changes, amendments,
revisions, and modifications to (a) Transporter's rates
and rate schedules, and/or (b) the General Terms and
Conditions of Transporter's tariff, provided, however,
that unless they have otherwise agreed, Shippers shall
have the right to intervene in and/or protest any such
changes before FERC (or any successor governmental
agency) or other authorities and to exercise any other
rights that Shippers may have with respect thereto.
28. ARBITRATION
Any controversy arising out of or relating to any
Agreement, if not resolved by the parties, may, by
mutual agreement, be submitted to arbitration under the
provisions of the Texas General Arbitration Act, Tex.
Civ. Prac. & Rem. Code 171.001 et seq., as it may be
amended from time to time and as modified by any
Agreement. When the parties agree to arbitration, the
controversy shall be determined by a board of three
arbitrators to be selected as follows: either party
may, at the time a board of arbitration is desired,
notify the other of the name of any arbitrator of its
choosing, and the other party shall, within ten (10)
Days, notify the party desiring arbitration of the name
of its arbitrator. The two arbitrators shall, within
ten (10) Days after the notification of the identity of
the second arbitrator, choose the third arbitrator.
If they are unable to agree, the parties shall make
application within two (2) Days to the Senior Judge of
the United States District Court for the Northern
District of Texas, who (acting in an individual and not
official capacity) shall appoint the third arbitrator.
All arbitrators appointed pursuant to this Section 28
shall be third-party individuals qualified by
education, knowledge, and experience to pass on the
matters submitted for arbitration and shall not be
employed by nor regularly receive remuneration from
either party other than for arbitration services.