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. 142 First Revised Sheet No. 142

Superseding: Original Sheet No. 142

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

from the intentional or negligent acts or omissions of BLUEWATER,

shall be apportioned among and shared proportionally by all

Customers, based on each Customer's Storage Inventory or

Customer's Gas otherwise in BLUEWATER's control and possession.

 

13. MEASUREMENT

 

13.1 The unit of volume for measurement of all quantities

of Gas wheeled, parked, loaned or stored by BLUEWATER or delivered

to and received from storage hereunder shall be one (1) cubic foot

of Gas at the base temperature of sixty degrees Fahrenheit (60

degrees F) and at an absolute pressure of fourteen and

seventy-three hundredths (14.73) pounds per square inch and dry.

All fundamental constants, observations, records, and procedures

involved in determining and/or verifying the quantity and other

characteristics of Gas delivered hereunder shall, unless otherwise

specified herein, be in accordance with the standards prescribed

in Report No. 3 of the American Gas Association, as now in effect

and from time to time amended or supplemented. All measurements

of Gas shall be determined by calculation into terms of such unit.

All quantities given herein, unless expressly stated otherwise,

are in terms of such unit. Notwithstanding the foregoing, it is

agreed that, for all purposes, the Btu content of the Gas received

and delivered by BLUEWATER hereunder shall be measured on a "dry"

basis rather than a fully saturated or "wet" basis. For Gas

volumes reported in cubic meters, the standard conditions are

101.325 kPa, 15 degrees C, and dry.

 

13.2 BLUEWATER shall install, maintain and operate, or

cause to be installed, maintained and operated, the measurement

facilities required hereunder. Said measurement facilities shall

be so equipped with meters, recording gauges, chromatographs or

other types of related and/or similar equipment of standard make

and design commonly acceptable in the industry, as to accomplish

the accurate measurement of Gas delivered hereunder. The

retrieval of data and calibrating and adjustment of meters shall

be done by BLUEWATER or its agent.

 

14. BILLINGS AND PAYMENTS

 

14.1 Invoice. Not later than the ninth (9th) Business Day

of each month, BLUEWATER shall provide Customer (including a

Replacement Customer) an invoice and any required backup data

(which may be transmitted by fax) setting forth (i) the charges

due for the current Month; (ii) the total quantity of Gas, stated

in Dekatherms, received from and delivered to Customer hereunder

during the preceding Month(s), with applicable Point(s) of Receipt

and Point(s) of Delivery properly identified, and the amount due

therefor; and if applicable, (iii) the amount of Customer's Gas in

storage as of the close of the preceding Month and information

sufficient to explain and support any adjustments made by

BLUEWATER in determining the amount billed. If actual quantities

are not available by the ninth (9th) Business Day of the month,

BLUEWATER may invoice based on best available data subject to

adjustment to actual at a later date. Quantities at points where

Operational Balancing Agreements exist shall be invoiced based on

scheduled quantities.