Dominion Cove Point LNG, LP
Original Volume No. 1
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Effective Date: 06/01/2003, Docket: RP03-392-000, Status: Effective
First Revised Sheet No. 32 First Revised Sheet No. 32 : Effective
Superseding: Original Sheet No. 32
RATE SCHEDULE LTD-1
FIRM LNG TANKER DISCHARGING SERVICE
(Continued)
5. OPERATING CONDITIONS (Continued)
5.3 Port Facilities and LNG Discharging (Continued)
(e) No LNG tanker shall engage in or cause any repairs, other than minor
housekeeping repairs that do not materially affect the operation of an LNG
tanker, to be made while berthed at the Cove Point pier without the express
prior written consent of Operator, which shall not be unreasonably withheld;
provided, however, upon written notice and explanation to Operator, an LNG
tanker may make repairs which the United States Coast Guard requires to be made
in order for that LNG tanker to travel in United States territorial waters.
(f) Each LNG tanker shall be allowed a berth time of 32 hours for discharging a
cargo of LNG ("Berth Time"). Berth Time shall begin to run upon the completion
of connection of the unloading arms to the LNG tanker and end at the time the
last line is released upon departure from the berth. Time shall not be
counted as Berth Time or wharfage if force majeure, Operator's fault or failure
of facilities in discharging the LNG tanker delays the LNG tanker. Operator
shall provide notice to Buyer to depart if the LNG tanker has failed to depart
at the end of the Berth Time. If the LNG tanker has failed to depart at the
time specified in Operator's notice, Buyer shall pay Operator a wharfage fee of
$50,000 per day, prorated hourly, for the period during which the LNG tanker
remains at berth beyond the time specified in Operator's notice except to the
extent such delay in departing is caused by Operator or an event of force
majeure. For the avoidance of doubt, force majeure shall not include, for
purposes of this Section 5.3(f), the disability of a tanker if such disabled
tanker can be removed from the berth through the exercise of due diligence
(including the use of tugs). Wharfage fees collected from LTD-1 and LTD-2
Buyers will be credited to the next monthly invoice of the other LTD-1 Buyers,
prorated based upon each such Buyer's fixed cost contributions paid.
(g) If an LNG tanker does not arrive at the Cove Point terminal as scheduled,
Operator shall perform the LNG discharging service at the first available time
when such service, including the scheduling, vaporization and delivery of LNG
in Operator's storage tanks, can be accomplished without detriment to any other
scheduled service.
(h) Operator's port facility shall include a berth and discharging facilities such
that Buyer's LNG tankers that meet the specifications and requirements
contained in Sections 5.2(a) and 5.3(a) of this Rate Schedule LTD-1 can safely
enter, berth and depart, always afloat, at any time of day. For purposes of
this Section 5.3(h), Operator's berth and discharging facilities shall be
limited to the area and facilities that are located within Restricted Area
165.502 as identified on U.S. National Oceanic and Atmospheric Administration
Chart No. 12264. Buyer, as of the date upon which Buyer originally executed
its Service Agreement with Operator, shall inspect Operator's berth and
discharging facility, and examine charts of the berth setting forth
navigational requirements for vessels calling at that facility and Buyer shall
thereafter have the right, but not the obligation, to inspect Operator's berth
and discharging facilities, and charts of the berth. Operator will provide
Buyer with notice of all known hazards related to the berth at the Cove Point
LNG terminal. Operator assumes no liability as a bailee for Buyer's vessel(s)
at any time. Operator assumes no responsibility for the inspection of Buyer's
vessel while moored or any mooring lines. Notwithstanding any of the
foregoing, this Section 5.3(h) shall not be interpreted to either (i) waive any
defense that would otherwise be available to Buyer or Operator under general
maritime law, nor (ii) relieve either Buyer or Operator of any duty that would
otherwise be imposed upon such party under general maritime law.