Central New York Oil And Gas Company, LLC

Original Volume No. 1

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Effective Date: 02/06/2006, Docket: RP06-171-000, Status: Effective

First Revised Sheet No. 11 First Revised Sheet No. 11 : Effective

Superseding: Superseding Original Sheet No. 11

RATE SCHEDULE FSS (continued)

 

(e) Firm Storage Service under this Rate Schedule

shall be firm up to the Maximum Storage Quantity,

the Maximum Daily Injection Quantity and the

Maximum Daily Withdrawal Quantity. The Maximum

Storage Quantity, the Maximum Daily Injection

Quantity and the Maximum Daily Withdrawal Quantity

shall be specified in the executed Service

Agreement. Notwithstanding the foregoing,

Customer shall be permitted to inject or withdraw

Gas on a commercially reasonable efforts basis,

pursuant to Section 6 of this Rate Schedule FSS.

 

(f) Base Gas. Customer may elect by giving Seller

written notice no later than six (6) Months prior

to the commencement of the Storage Contract Term

to provide a volume of Gas for use by Seller as

Base Gas equal to Customer's Base Gas Quantity.

Customer's Base Gas Quantity shall be delivered

hereunder at daily rates and times within the

ability of Customer to Tender for delivery and the

ability of Seller to receive and store. Customer

and Seller shall use their commercially reasonable

efforts to schedule the delivery of Customer's

Base Gas Quantity at relatively uniform daily

delivery rates prior to the commencement of the

Storage Contract Term, with such variations as may

be mutually agreed upon; provided however, all of

Customer's Base Gas Quantity must have been

Tendered for delivery by Customer not later than

December 15th of the first year during the Storage

Contract Term and Seller will use its commercially

reasonable efforts to accept such Tendered Base

Gas volumes on behalf of Customer. In the event

Customer fails to Tender its Customer's Base Gas

Quantity by December 15th, of the first Storage

Contract Year, Customer's Working Storage Gas

shall be reduced by a sufficient volume so that

the volume of the reduction when added to the

volume of Customer's Base Gas Quantity actually

delivered will equal Customer's Base Gas Quantity,

provided that if after such reduction, the volume

of Customer's Base Gas Quantity delivered is less

than Customer's Base Gas Quantity, Seller's

obligation to receive or redeliver Customer's

Working Storage Gas shall terminate until Customer

has Tendered to Seller all of Customer's Base Gas

Quantity.

 

Seller shall redeliver Customer's Base Gas Quantity

during the eighteen month period, or such longer period if

Customer is unable to accept Gas for redelivery, following

the end of the term of Customer's Service Agreement at daily

rates and times within the ability of Seller to Tender for

delivery and Customer's ability to receive. In the event

the Base Gas storage capacity is needed to satisfy the

requirements of new or existing customers, Seller may retain

any quantities of Customer's Base Gas Quantity, free and

clear of any adverse claims, which Customer fails to

withdraw within 30 days of written notice by Seller of

Seller's need of the Base Gas storage capacity to meet other

requirements. If Seller is unable to Tender for delivery

Customer's properly nominated volumes on any Gas Day during

the 30 day period, the 30 day period shall be extended by

the number of days Seller is unable to tender the quantity

of Gas