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. 134 Original Sheet No. 134 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
(j) Liability of BLUEWATER: BLUEWATER shall not be
liable for any costs incurred by any Customer or point operator in
complying with an Action Alert or OFO. BLUEWATER shall not be
responsible for any damages that result from any interruption in
service that is a result of a Customer's or point operator's failure
to comply promptly and fully with an Action Alert or OFO, and the
non-complying Customer or point operator shall indemnify BLUEWATER
against any claims of responsibility. However, BLUEWATER shall use
reasonable efforts to minimize any such costs or damages.
(k) Unilateral Action: In the event that (l) Customer(s)
or point operator(s) does (do) not respond to an OFO, or (2) the
actions taken thereunder are insufficient to correct the system
problem for which the OFO was issued, or (3) there is insufficient
time to carry out the procedures with respect to OFOs, BLUEWATER may
take unilateral action, including the curtailment of firm service,
to maintain the operational integrity of BLUEWATER's system. For
purposes of this Section, the operational integrity of BLUEWATER's
system shall encompass the integrity of the physical system and the
preservation of physical assets and their performance, the overall
operating performance, the overall operating performance of the
entire physical system, as an entity, and the maintenance (on a
reliable and operationally sound basis) of total system
deliverability and the quality of Gas delivered.
6. STORAGE OPERATIONS
6.1 Customer shall tender or cause to be tendered to
BLUEWATER at the Point(s) of Receipt any Gas which Customer desires
to have injected into storage plus applicable Fuel Reimbursement
volumes. Customer shall also receive or cause to be received Gas
requested to be withdrawn from storage at the Point(s) of Delivery.
6.2 Subject to the operating conditions then existing on the
delivering or receiving pipelines, BLUEWATER shall receive Gas for
injection from Customer at the Point(s) of Receipt and deliver Gas
to Customer at the Point(s) of Delivery as scheduled by Customer
from time to time; provided that BLUEWATER shall not be obligated to
receive for injection any quantity of Gas if the injection of the
same would cause the quantity of Gas stored for Customer's account
to exceed Customer's Maximum Storage Quantity; nor shall BLUEWATER
be obligated at any time to deliver more Gas to Customer than
Customer has stored in its Storage Inventory or Park Balance, as
applicable, or to receive from Customer more Gas than Customer has
outstanding in its Loan Balance.