Bluewater Gas Storage, LLC

Original Volume No. 1

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Effective Date: 12/13/2008, Docket: RP09-75-000, Status: Effective

First Revised Sheet No. 27 First Revised Sheet No. 27

Superseding: Original Sheet No. 27

 

NNSS RATE SCHEDULE

NO-NOTICE STORAGE SERVICE

(Continued)

 

6. AUTHORIZATION, RATES, TERMS AND CHANGES

 

6.1 The No-Notice Storage Service 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 FERC, and any state or local governmental agency

having jurisdiction, of requisite authorization for BLUEWATER to

provide the storage service contemplated hereby and to construct

and operate the facilities necessary to provide such service and

for any connected pipeline to transport Gas to/from the Point(s)

of Receipt/Delivery necessary to effect the service provided for

herein. Without limiting the generality of the foregoing,

Customer's request that BLUEWATER provide storage service by means

of receipts or deliveries of natural gas at the International

Boundary with Canada or within the Province of Ontario constitutes

Customer's continuing representation and warranty that it has

obtained and, for the duration covered by such request, will

maintain all necessary regulatory and governmental approvals from

the U.S. Department of Energy, the National Energy Board of Canada

and any other agency having jurisdiction to import and export

natural gas from and to the United States and Canada, as

applicable.

 

6.2 BLUEWATER shall have the right to propose to FERC or any

other governing regulatory body such changes in its rates and

terms of service as it deems necessary, and the No-Notice Storage

Service Agreement executed by the parties 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 BLUEWATER and its Customer(s) shall

remain in effect during the term(s) of the No-Notice Storage

Service Agreement(s) specifying such rates.

 

7. CURTAILMENT

 

Curtailment of Customer's no-notice service shall be governed

by the curtailment of Customer's Firm Storage Service pursuant to

Customer's Firm Storage Service Agreement and the provisions of

Rate Schedule FSS.

 

8. GENERAL TERMS AND CONDITIONS

 

Applicable provisions of the General Terms and Conditions of

this FERC Gas Tariff, as such provisions may be amended from time

to time, are hereby incorporated by reference and made a part of

this NNSS Rate Schedule, where applicable, and shall supplement

the terms and conditions governing service rendered hereunder, as

though stated herein; provided, however, that in the event of any

inconsistency, the terms of this NNSS Rate Schedule shall control.