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. 126 Original Sheet No. 126 : Effective

 

GENERAL TERMS AND CONDITIONS

(h) Termination of an Action Alert or OFO: Liberty shall lift any

effective Action Alert or OFO promptly upon the cessation of operating

conditions that caused the relevant system problem. After Liberty has lifted

the Action Alert or the OFO, Liberty shall post a notice on its Internet Web

Site specifying the factors that caused the Action Alert or OFO to be issued

and then lifted, to the extent such factors are known. Liberty shall also

provide such notification via e-mail communication to those Customers who have

submitted a request, and provided e-mail address information for at least one

contact person, via Liberty's Internet Web Site to receive e-mail notification

of Critical Notices issued by Liberty.

(i) Penalties: All quantities tendered to Liberty and/or taken by Customer

on a daily basis in violation of an Action Alert or OFO shall constitute

unauthorized receipts or deliveries for which the applicable Action Alert or

OFO penalty charge stated below shall be assessed.

(l) Action Alert penalty charge for each Dekatherm of Gas by which Customer

deviated from the requirements of the Action Alert equal to an Action Alert

Index Price calculated as 110% of the applicable daily Gas Daily posting for

Henry Hub for the Day on which the deviation occurred, multiplied by the

quantity by which the Customer deviated from the requirements of the Action

Alert.

(2) OFO penalty charge for each Dekatherm of Gas by which Customer deviated

from the requirements of the OFO equal to an OFO Index Price calculated as

three (3) times the applicable daily Gas Daily posting for Henry Hub for the

Day on which the deviation occurred, multiplied by the quantity by which the

Customer deviated from the requirements of the OFO.

Any penalty revenue collected by Liberty pursuant to this Section 5.5(i) shall

be credited to those firm and Interruptible Customers that did not incur Action

Alert or OFO penalties pursuant to this Section 5.5(i) in the Month for which

Action Alert or OFO penalty revenues were received (“Non-Offending Customers”),

based on the ratio of the total charges paid during that Month by the

Non-Offending Customer to the sum of the total charges paid during that Month

by all Non-Offending Customers. Such credits shall be calculated for each

Month of the twelve (12) Month period ending July 31 of each year, and will be

included on the Non-Offending Customer's invoice for the Month following the

date of the final Commission order approving Liberty's penalty disbursement

report; provided, however, that Liberty will calculate and include such credits

on Non-Offending Customer's invoices for a period shorter than twelve Months in

the event and to the extent that the total accumulated amount of Action Alert

or OFO penalty revenue collected pursuant to this Section 5.5(i) by Liberty as

of the end of any Month exceeds $1,000,000. Liberty will file with the

Commission a penalty disbursement report within sixty days of July 31 or sixty

days after the end of the Month for which revenue collected exceeds $1,000,000.

Any penalty revenue credited to Non-Offending Customers pursuant to this

Section shall include interest calculated in accordance with Section 154.501(d)

of the Commission's regulations.