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. 155 Original Sheet No. 155 : Effective
GENERAL TERMS AND CONDITIONS
33. DISPOSITION OF RETAINED QUANTITIES
In the event that Liberty holds an auction for Gas quantities retained pursuant
to Section 9 of Rate Schedule FSS, Sections 2 and 9 of Rate Schedule SFS,
Sections 2 and 8 of Rate Schedule IP and Sections 2 and 8 of Rate Schedule IB,
Liberty shall post such quantities on the Internet Web Site on the fifth
Business Day following the fifteenth day of a month. Liberty shall accept
bids only during the time period from 7:00 a.m. until 11:00 a.m. CCT on the
seventh Business Day following the fifteenth of the month. Liberty shall
award the Gas to the Customer submitting the highest bid, and shall notify the
Customer submitting the highest bid prior to 4:00 p.m. CCT of the same Day on
which Liberty accepts bids; provided, however, Liberty reserves the right to
reject all bids. When the Gas is purchased at auction, Customer must provide
identification of the existing Storage Service Agreement with Liberty under
which Customer shall store the Gas in Liberty's facilities.
Liberty shall credit the net proceeds received from such auction to all
Customers that did not have Gas sold during the subject auction (“Qualifying
Customer”) based on the ratio of the total charges paid by each Qualifying
Customer for service to the total amount of such charges paid by all Qualifying
Customers during the Month in which the auction of Gas occurred. For the
purposes of this Section, the term “net proceeds” shall mean the total proceeds
received from the auction less the accumulated charges pursuant to the
applicable Rate Schedule for the Storage Service Agreement held by the Customer
winning the bid.
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 Qualifying Customers'
invoices 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 Qualifying Customers'
invoices for a period shorter than twelve (12) Months in the event and to the
extent that the total accumulated amount of auction collected pursuant to this
Section 33 by Liberty as of the end of any Month exceeds $1,000,000. Liberty
will file a penalty disbursement report within sixty (60) days of July 31 or
sixty (60) days after the end of the Month in which the revenue collected
exceeds $1,000,000. Any net proceeds credited to Qualifying Customers pursuant
to this Section shall include interest calculated in accordance with Section
154.501(d) of the Commission's regulations.
34. CONFIDENTIALITY
The contents of all transactions entered into by the Parties shall be kept
confidential by each, except to the extent that any information must be
disclosed to a third party as required by law, for either party's financial
needs, or for the purpose of effectuating the transaction. Notwithstanding
this section, Liberty may elect to release such information when required by
law, or when directed by a regulatory agency having jurisdiction, including any
such directives to file to meet informational reporting requirements
established by the Commission of any or all of the details concerning the
provision of service to the Customer, including without limitation, the details
of any transaction entered into between Liberty and Customer. Liberty shall
take all reasonable steps to ensure that such regulatory agency treat
Customer's information as commercially sensitive and confidential.
OPERATIONAL SALES
Liberty may sell gas from time to time to which it has retained or taken title
pursuant to the provisions of this Tariff and which is in excess of its
operational requirements. Such operational sales may be made to the extent
necessary: (i) to maintain cavern pressure; (ii) to balance fuel quantities
under storage agreements; (iii) to manage storage imbalance quantities; and/or
(iv) to perform other operational functions in connection with the storage and
other services provided by Liberty under this Tariff. Further, such
operational sales shall be afforded the lowest service priority as established
the General Terms and Conditions of this tariff.