Bluewater Gas Storage, LLC

Original Volume No. 1

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Effective Date: 12/01/2006, Docket: CP06-351-001, Status: Effective

Original Sheet No. 126 Original Sheet No. 126 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

The amount of capacity allocated to the Replacement

Customer(s) shall equal the original released quantity less the

recalled capacity. This allocated daily contractual quantity shall

be used for purposes of nominations, billing, and, if applicable,

for overrun calculations. As a result of the allocation of capacity

described in this Section, BLUEWATER shall not be obligated to

deliver a combined quantity to the Releasing Customer and the

Replacement Customer(s) that is in excess of the total daily

contract quantity of the release.

 

(g) Reput Provisions. BLUEWATER shall support the

function of reputting by the Releasing Customer. The Releasing

Customer may reput previously recalled capacity to the Replacement

Customer pursuant to the reput rights and methods identified in the

Releasing Customer's Notice to release capacity, as required by

Section 4.1(g). When capacity is recalled, such capacity may not be

reput for the same Day. The deadline for the Releasing Customer to

notify BLUEWATER of a reput of capacity is 8:00 A.M. CCT to allow

the Replacement Customer to submit timely nominations for gas to

flow on the next Day.

 

(h) Following the awarding of capacity to a Replacement

Customer in accordance with the procedures provided in this Section

4, the Releasing Customer's rights and BLUEWATER's obligations under

the Releasing Customer's Storage Service Agreement shall be modified

and subject to the capacity rights released and assigned to the

Replacement Customer for the term of such release. Effecting a

release pursuant to the provisions of this Section 4 shall

constitute Releasing Customer's consent and agreement to such

amendment or modification of its existing Storage Service Agreement.

 

(i) The offer to release by a Customer under Rate

Schedules FSS, NNSS, FP or FL must specify the quantities of MDDQ,

MDRQ, MSQ (or No-Notice Maximum Daily Quantity, Maximum Park

Quantity or Maximum Loan Quantity, as applicable), MDIQ, MDWQ or

rights offered, and actually available on the effective date of the

assignment, and the exercise of which rights, in conjunction with

Releasing Customer's exercise of its retained rights, will not

violate any maximum or minimum quantity requirements or limitations

applicable under the Rate Schedule or the respective Storage Service

Agreements. Releasing Customer shall be responsible for ensuring

that the Firm Storage Service quantities offered for release shall

be available upon the commencement of the release, in accordance

with the terms and conditions of the applicable Rate Schedule. A

Replacement Customer under Rate Schedules FSS, NNSS, FP or FL shall

be responsible for arranging transportation to and from the Point(s)

of Receipt and Point(s) of Delivery consistent with its rights and

obligations under its Storage Service Agreement and Rate Schedules

FSS, NNSS, FP or FL. The Replacement Customer must comply with all

obligations imposed under such Rate Schedule and its rights to

store, withdraw and/or inject Gas will be subject to the provisions

thereof. If the Releasing Customer proposes to, or requires a

transfer-in-place of the portion of its Storage Inventory in

conjunction with its release and assignment of storage capacity

rights, it shall so specify in its offer to release and such

transfer shall be implemented contemporaneously with