Dominion Cove Point LNG, LP

Original Volume No. 1

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Effective Date: 09/01/2007, Docket: RP06-417-004, Status: Effective

First Revised Sheet No. 124 First Revised Sheet No. 124 : Effective

Superseding: Original Sheet No. 124

 

RATE SCHEDULE OTS

Off-Peak Firm Transportation Service

(Continued)

 

 

4. RATES (continued)

 

 

(d) Regulatory Fees. Buyer shall pay Operator in advance all fees required by

the Commission, or any regulatory body having jurisdiction, related to the

transportation service provided to Buyer under this Rate Schedule

including, but not limited to, filing, reporting and application fees.

 

(e) All other applicable rates, charges, and penalties as set forth in the

General Terms and Conditions and the Currently Effective Rate Sheets of

this Tariff including, but not limited to, any applicable incremental rate

and fuel provisions as listed on Sheet Nos. 7 and 10.

 

4.3 Operator may elect to offer to provide service at a rate that is below the maximum

but no less than the minimum rates set forth on Sheet No. 7 as applicable to this

Rate Schedule. However, Operator is not obligated to offer to provide service at

any rates less that the maximum rates.

 

4.4 Notwithstanding the general provision of this Section, if Operator and Buyer

mutually agree to negotiate rates for service hereunder, such negotiated rates

shall apply in lieu of the otherwise applicable charges identified in this Section

4, subject to any required regulatory approval.

 

 

5. NOMINATIONS OF SCHEDULED DAILY RECEIPTS AND DELIVERIES

 

Buyer shall nominate quantities of Natural Gas for transportation under its OTS Service

Agreement pursuant to the nominating and scheduling provisions of Section 6 (Operating

Conditions) of the General Terms and Conditions of this Tariff.

 

 

6. POSSESSION OF NATURAL GAS

 

Operator shall be deemed to be in control of and have responsibility for Natural Gas

after the receipt thereof by Operator from Buyer or others at Buyer's direction, and

prior to the delivery of such Natural Gas to Buyer. Operator shall have no

responsibility with respect to such Natural Gas prior to Operator's receipt thereof, or

after Operator's delivery of such, to or for Buyer's account.

 

 

7. WARRANTY OF TITLE

 

Buyer hereby warrants title to all Natural Gas delivered to Operator by Buyer, or others

at Buyer's direction, for transportation hereunder and the right of Buyer to deliver such

Natural Gas, or cause it to be delivered to Operator, and Buyer warrants that all such

Natural Gas is owned by Buyer free from all liens, encumbrances and adverse claims

whatsoever, including liens to secure payment of any taxes. Buyer agrees to indemnify

Operator and save Operator harmless from all suits, actions, debts, accounts, damages,

costs, losses and expenses arising from any breach of the foregoing warranty. At no time

during the Operator's possession of Natural Gas received for Buyer's account shall title

to Natural Gas pass from Buyer to Operator except for those quantities received by Buyer

and retained as Retainage as specified in this Tariff.

 

8. GENERAL TERMS AND CONDITIONS

 

The General Terms and Conditions of Operator's effective FERC Gas Tariff, and any

revisions thereof that may be proposed and made effective from time to time hereafter, to

the extent not inconsistent with the provisions of this Rate Schedule, shall apply to and

are made a part of this Rate Schedule. In the event of inconsistencies between the

General Terms and Conditions and this Rate Schedule OTS, the terms and conditions of this

Rate Schedule OTS shall prevail.