Central New York Oil And Gas Company, LLC
Original Volume No. 1
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Effective Date: 12/01/2001, Docket: CP00- 61-001, Status: Effective
Original Sheet No. 85 Original Sheet No. 85 : Effective
GENERAL TERMS AND CONDITIONS (continued)
4.3 Scheduling of Storage and Allocation of
Service. For each Gas Day, Seller will schedule
injections and withdrawals of Gas, on the basis
of: Storage nominations made by Customers (which
Seller is hereby authorized to rely upon in its
scheduling); storage capacity available on
Seller's system in light of nominations and
requests; and overall operating conditions from
time to time. If, on any Gas Day, Seller
determines that the capacity of its system is
insufficient to serve all storage nominations
scheduled for such Gas Day, or to accept the
quantities of Gas tendered, capacity shall be
allocated to provide service in the following
order:
(a) In scheduling deliveries of firm
storage nominations on any Gas Day when
capacity is constrained, Seller shall
allocate service on a pro rata basis to those
firm storage Customers nominating volumes on
such Gas Day based upon such Customer's
contracted daily injection or withdrawal
volumes compared to the contracted daily
injection or withdrawal volumes of all other
Customers nominating volumes on such Gas Day.
(b) In scheduling nominated quantities
for interruptible Storage Services hereunder,
after providing for firm Storage Service,
Seller shall utilize the priorities
established in Section 10 of these General
Terms and Conditions, provided however that
no interruptible Customer shall have a claim
of priority on any Gas Day to quantities in
excess of the lesser of (1) such
interruptible Customer's Maximum Daily
Injection Quantity or Maximum Daily
Withdrawal Quantity as applicable or (2) such
interruptible Customer's nomination.
4.4 Delivery of Gas. Seller, subject to the
other provisions hereof, shall make daily delivery
of Equivalent Quantities of Gas at the Point of
Injection/Withdrawal in accordance with Seller's
scheduled deliveries.
4.5 Hourly Variation. Injections and withdrawals
shall be made at uniform hourly rates to the
extent practicable.
4.6 Limitation on Obligation. Should the quantities
of Gas received from Customer(s) by Seller at the Point of
Injection/Withdrawal exceed the Maximum Daily Injection
Quantity plus the Seller's Injection Use, Seller shall
notify Customer(s) of such fact within a reasonable time
after such becomes known, and Customer(s) shall seek to
reduce deliveries to Seller forthwith. In the event any
such excess delivery would