Liberty Gas Storage, LLC

Original Volume No. 1

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Effective Date: 04/15/2007, Docket: RP07-357-000, Status: Effective

Original Sheet No. 45 Original Sheet No. 45 : Effective

 

IB RATE SCHEDULE INTERRUPTIBLE BALANCING SERVICE

(Continued)

6. AUTHORIZATION, RATES, TERMS AND CHANGES

6.1 The Hub Services Agreement and the respective obligations of the

parties hereunder are subject to all valid laws, orders, rules and regulations

of duly constituted authorities having jurisdiction, and are conditioned upon

the issuance, by the FERC, and any state or local governmental agency having

jurisdiction, of requisite authorization for Liberty to provide the balancing

service contemplated hereby and to construct and operate the Gas storage

facilities necessary to provide such balancing service and for any connected

pipeline to transport Gas to/from the Point(s) of Receipt/Delivery necessary to

effect the balancing service provided for herein.

6.2 Liberty shall have the right to propose to the FERC or any other

governing regulatory body such changes in its rates and terms of service as it

deems necessary, and the Hub Services Agreement shall be deemed to include any

changes which are made effective pursuant to order or regulation or provisions

of law, without prejudice to Customer's right to protest the same; provided,

however, that any market-based rates negotiated between Liberty and its

Customer(s) shall remain in effect during the term of Exhibit B of the Hub

Services Agreement(s) specifying such rates.

7. CURTAILMENT

If, due to any cause whatsoever, Liberty's capability to receive or deliver

quantities is impaired so that Liberty is unable to receive or deliver the

quantities provided for in Exhibit B of the Hub Services Agreement with

Customers, then capacity, withdrawals, and/or injections will be allocated

according to the priority of service as set forth in Section 5 of the General

Terms and Conditions of this FERC Gas Tariff.

8. EXPIRATION OF TERM

At least ten (10) Business Days prior to the end of the term as specified in

Exhibit B of Customer's Hub Services Agreement, Liberty shall notify Customer

to withdraw all of the IB Gas quantities held in storage by Liberty for the

account of Customer; provided, however, any Exhibit B of Customer's Hub

Services Agreement that has a term of ten (10) Business Days or less shall not

require such foregoing notice but shall be deemed to have been given upon the

first Day of the primary term or the renewed term of such Hub Services

Agreement. Liberty's notice to Customer may be given orally, but shall be

confirmed in writing via e-mail or facsimile to the Customer. Before the end

of the term of Exhibit B of Customer's Hub Services Agreement, the Customer

must either physically withdraw the Gas or indicate to Liberty in writing that

it desires to have Liberty cash out the Gas on mutually agreeable terms. If,

by midnight on the last Day of the term of Exhibit B of Customer's Hub Services

Agreement, the Customer neither has withdrawn the Gas nor indicated in writing

to Liberty that it desires to

exercise the cash out option, then Liberty may take, free and clear of any

adverse claims, title to such IB balance quantity as Customer was required to

withdraw or cash out; provided, however, that if Customer was unable to

withdraw its IB balance quantity due to an interruption of Customer's

withdrawal service during the last ten Days before termination, Customer shall

be allowed to withdraw its Gas within a reasonable period following the end of

the contract term.

In the event that Liberty retains and takes title to any of Customer's Gas

pursuant to this Section, Liberty shall dispose of such Gas by auction and

shall credit the net proceeds received from such auction in accordance with the

provisions of Section 33 of the General Terms and Conditions of this FERC Gas

Tariff.