Dominion Cove Point LNG, LP
Original Volume No. 1
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Effective Date: 12/22/2006, Docket: RP07- 36-001, Status: Effective
Second Revised Sheet No. 22 Second Revised Sheet No. 22 : Effective
Superseding: First Revised Sheet No. 22
RATE SCHEDULE LTD-1
FIRM LNG TANKER DISCHARGING SERVICE
(Continued)
2. APPLICABILITY AND CHARACTER OF SERVICE (Continued)
2.5 In the event more than one Buyer is receiving firm LNG tanker discharging service
under this Rate Schedule LTD-1, any or all of such Buyers may elect to coordinate
among themselves their operations at Operator's facilities, including the joint
scheduling of LNG arrivals, injections into storage, scheduling of vaporization and
other activities required for the use of Operator's facilities. Buyers electing to
coordinate operations (such Buyers being referred to herein as "Coordinating Buyers"
shall provide Operator with written notice of such election at the time Buyer's Annual
Discharge Schedule is due pursuant to Section 4.2(a)(i). Such election shall be
effective for the annual period covered by Buyer's Annual Discharge Schedule. Upon
making such election, the Coordinating Buyers shall be responsible for ensuring that
all scheduling, submission of nominations and notices and other activities required by
this Rate Schedule of an individual Buyer are performed by a single party or entity
acting on behalf of all Coordinating Buyers ("Single Entity"). The Single Entity
appointed to act on behalf of the Coordinating Buyers hereunder may be a particular
Buyer or a third party. Coordinating Buyers shall be treated by Operator for all
operational purposes, but for operational purposes only and not for any rate, fee or
crediting purposes, as a single Buyer having an MDDQ, ISQ, MCSQ and SDDQ equal to the
sum of the individual MDDQs, ISQs, MCSQs and SDDQs of the Coordinating Buyers.
Operator shall be entitled to rely on the schedules, nominations, notices and other
submissions made jointly by the Coordinating Buyers and communicated to Operator by
the Single Entity as if they had been made by each Buyer individually, and each
Coordinating Buyer shall be bound by the actions taken by the Single Entity.
Notwithstanding the appointment of a Single Entity or the decision to act as
Coordinating Buyers, each individual Buyer shall remain liable to Operator for all its
obligations under the tariff and the applicable service agreement(s) and nothing
herein will relieve Buyer from any obligations under the tariff or applicable service
agreement(s). Coordinating Buyers shall indemnify and hold Operator harmless from any
liabilities, losses, damages, expenses and other obligations of any nature whatsoever
arising from disputes or litigation among or between all or any of the Coordinating
Buyers and the Single Entity respecting the Single Entity's performance of functions
under this Rate Schedule LTD-1.
In order to efficiently accommodate cargos of varying characteristics and optimize the
use of the terminal, in the event all buyers under this Rate Schedule LTD-1 are acting
as Coordinating buyers, the Single Entity from time to time may request Operator to
operate the terminal in a way to permit an LNG tanker to discharge directly from the
tanker into a storage tank and then send to the vaporizer LNG exclusively from that
storage tank ("Streaming"). In order to accommodate Streaming, when so requested by
the Single Entity the Operator shall, to the maximum extent practicable consistent
with its obligations to other firm customers, reduce the amount of product in a single
storage tank and permit the ship to use that storage tank for Streaming. When
Streaming, it may be necessary for the ship to remain at berth longer than the Berth
Time provided in §5.3(f). In such an event, the Berth Time provided for in Section
5.3(f) shall be extended to 72 hours.