Tres Palacios Gas Storage LLC
Original Volume No. 1
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Effective Date: 07/25/2009, Docket: RP09-260-000, Status: Effective
First Revised Sheet No. 208 First Revised Sheet No. 208
Superseding: Original Sheet No. 208
NO-NOTICE STORAGE SERVICE AGREEMENT
(For Use Under Rate Schedule NNSS)
This Agreement is made as of the ______day of_____________, ____,
by and between TRES PALACIOS GAS STORAGE LLC, a Delaware limited
liability company herein called "TRES PALACIOS," and
________________, an __________, herein called "Customer," (each
of TRES PALACIOS and Customer, a "Party," and collectively, the
"Parties"), pursuant to the following recitals and
representations:
WHEREAS, TRES PALACIOS owns and operates an underground natural
gas storage facility known as the Tres Palacios Gas Storage
facility, located in Texas, and is authorized to provide natural
gas storage and related services in interstate commerce by way of
the Tres Palacios Gas Storage facility; and
WHEREAS, Customer has requested that TRES PALACIOS provide certain
firm no-notice natural gas storage services for Customer; and
WHEREAS, TRES PALACIOS has agreed to provide such firm no-notice
storage services for Customer subject to the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, TRES PALACIOS and Customer agree as follows:
ARTICLE I - SCOPE OF AGREEMENT
Following the commencement of service hereunder, in accordance
with the terms of TRES PALACIOS' Rate Schedule NNSS, and of this
Agreement, TRES PALACIOS shall on any Day allow Customer to
deviate (plus or minus) by any amount up to Customer's No-Notice
Maximum Daily Quantity as set forth on Exhibit "A" hereto, at
points specified in Exhibit "A," from its nominations under the
Firm Storage Service Agreement between Customer as designated on
Exhibit "A." Any such deviations shall be netted against
customer's FSS Storage Inventory, provided that customer's FSS
Storage Inventory shall not be permitted to exceed Customer's FSS
Maximum Storage Quantity or to fall below zero (0).
ARTICLE II - PRICE
2.1. Customer agrees to pay TRES PALACIOS the charges set forth
on Exhibit "A" hereto for all Gas no-notice service furnished to
Customer hereunder.
2.2. Customer further agrees to pay TRES PALACIOS all other
applicable fees and charges as set forth in the General Terms and
Conditions and in Rate Schedule NNSS.
2.3. Customer shall reimburse TRES PALACIOS for all applicable
taxes as may be assessed against TRES PALACIOS for the receipt,
injection, storage, withdrawal and/or delivery of Customer's Gas.
In addition, Customer shall reimburse TRES PALACIOS for Customer's
pro rata portion, calculated using the same methodology as that
used to assess the tax, of all ad valorem taxes, property taxes
and/or other similar taxes on Customer's gas in storage assessed
against and paid by TRES PALACIOS.