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

Second Revised Sheet No. 23 Second Revised Sheet No. 23 : Effective

Superseding: Superseding First Revised Sheet No. 23

RATE SCHEDULE FSS (continued)

 

7.4 MARKETING FEE. Seller may negotiate with

Releasing Customer to market all or a portion of

the released capacity to potential Replacement

Customers who, as a result of such marketing

activity, bid for such capacity during the

competitive bidding procedure. If Seller

contracts with a Replacement Customer found by

Seller, Seller shall be entitled to a marketing

fee which will be negotiated between Seller and

Releasing Customer, such marketing fee to be

deducted monthly from credits due Releasing

Customer with respect to each dth of capacity

purchased by the Replacement Customer. Each

Replacement Customer found by Seller shall submit

with its bid a statement attesting to Seller's

marketing efforts in connection with such

Replacement Customer's decision to purchase

released capacity. Such statement shall

constitute conclusive evidence of Seller's

proactive marketing effort entitling Seller to a

marketing fee.

 

7.5 TERM. Any release under this Section 7 for

service under Rate Schedule FSS shall be for a

maximum term not longer than the remaining term of

the underlying FSS Service Agreement.

 

7.6 VOLUMETRIC RELEASE. Customer may release capacity

on a volumetric basis, provided that:

 

(a) all requirements and conditions of the

release be specified by the Releasing

Customer in the release notice, including any

minimum storage volume requirement;

 

(b) the requirements and conditions specified by

Releasing Customer must meet all of the

requirements and conditions of Seller's FERC

Gas Tariff;

 

(c) Seller will bill the volumetric rate for

release established by the volumetric release

for volumes actually injected into storage by

Seller for the account of Replacement

Customer or the minimum storage volume

requirement if actual injected volumes are

less than the required minimum storage

requirement; and

 

(d) Replacement Customer shall remain fully responsible for

all Usage Charges incurred.