Clear Creek Storage Company, LLC
Original Volume No. 1
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Effective Date: 06/01/2000, Docket: CP98-256-002, Status: Effective
Original Sheet No. 59 Original Sheet No. 59 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
or any other person, all or any part of said excess delivery
as Clear Creek deems necessary, and shall notify Customer(s)
accordingly.
10.12 Receipt and Delivery of Gas. Clear Creek may not
be required to operate its storage facilities outside of the
operating parameters stipulated in the applicable
certificate authorization. Receipt and delivery of Gas at
Clear Creek shall be at the times and in the amounts deemed
achievable by Clear Creek. Clear Creek shall not be
obligated to take any action related to receipt and delivery
of Working Gas that, in Clear Creek's judgment, creates a
risk of increasing the quantity of Non-Recoverable Working
Gas. In addition, Clear Creek shall not be obligated to
take any action which, in Clear Creek's judgment, creates a
risk of damage to the storage formation or other facilities
used to receive or deliver Gas at Clear Creek.
11. Recoverable and Non-Recoverable Working Gas.
11.1 Recoverable Working Gas. (1) Clear Creek shall
estimate annually the Recoverable Working Gas for each
Customer at Clear Creek and shall update its estimate of
each Customer's Working Gas as deemed necessary by Clear
Creek. Clear Creek's most recent estimate of Recoverable
Working Gas shall be utilized for the purpose of allocating
delivery capacity among its Customers. Clear Creek's
estimates of Recoverable Working Gas shall be used solely
for the purpose of allocating and limiting deliveries of
Working Gas on a day-to-day basis. The estimates shall not
create any obligation on the part of Clear Creek other than
that related to the allocation of daily delivery allocations
and shall not relieve Customer of its obligations under this
section.
(2) If a Customer's cumulative deliveries of Gas
at Clear Creek during any given year equal or exceed Clear
Creek's most recent estimate of that Customer's Recoverable
Working Gas remaining in the storage reservoir, Clear Creek
shall not be required to accept nominations from that
shipper for additional deliveries of Gas.
(3) Clear Creek shall not be obligated to
compensate Customer for any benefit obtained by any other
Customer receiving Storage Service during any year and shall
incur no liability whatsoever.