Dominion Cove Point LNG, LP

Original Volume No. 1

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Effective Date: 05/01/2003, Docket: RP03-341-000, Status: Effective

Original Sheet No. 221 Original Sheet No. 221 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

 

6. OPERATING CONDITIONS (Continued)

 

(b) (6) Confirmation and Scheduling by Operator (Continued)

 

(vi) If only partial confirmations are received by Seller from the upstream

and downstream entities delivering or receiving has on behalf of Buyer,

Buyer's nominations shall be reduced in accordance with the priorities

set forth on the Receipt and Delivery Rankings furnished by Buyer.

 

(vii) If gas is not scheduled and flowing within 48 hours after Operator

notifies a Buyer of interruptible service that it has been unable to

confirm all or any part of nominated gas supplies, Operator shall

allocate such capacity to other Buyers.

 

(viii) If after Buyer's gas is confirmed, Operator is notified that Buyer's gas

is not available, then Operator may cease deliveries. However, Operator

shall hold such interruptible capacity for Buyer for 48 hours before

allocating such capacity to other Buyers.

 

(7) Buyer's Notice of Changes. Except for reasons of force majeure, as described at

Section 14 (Force Majeure) of the General Terms and Conditions, Buyer shall

notify Operator or cause Operator to be notified at least 24 hours in advance of

any anticipated material change in the daily quantity of gas Buyer desires to

deliver or to cause to be delivered to Operator for transportation under

Operator's Rate Schedules. If an unanticipated or a force majeure event causes a

material change in the quantity of gas Buyer will deliver or cause to be

delivered to Operator for transportation, Buyer shall notify or cause Operator

to be notified as soon as possible after occurrence of that event. In the event

of such material changes, Buyer shall tender or cause to be tendered to Operator

such estimated daily quantities at flow rates as close as possible to uniform

hourly rates. Departures by Buyer from the daily quantities that it has notified

Operator it intends to tender to Operator under a Rate Schedule shall be kept to

a minimum and in no event shall exceed the amount permitted by operating

conditions.

 

(8) Scheduling Under Individual Rate Schedules. To the extent that individual Rate

Schedules set forth nomination scheduling requirements inconsistent with the

requirements set forth in this Section, the applicable Rate Schedules are

controlling and Buyer shall satisfy the requirements set forth in those Rate

Schedules. To the extent that applicable Rate Schedules set forth scheduling

requirements in addition to, but not inconsistent with, the provisions of this

Section, Buyer shall satisfy the requirements of both the individual Rate

Schedules and this Section.

 

(c) Third Party Arrangements. Buyer shall be responsible for making all necessary

arrangements with third parties (i) at or upstream of the Receipt Points at which

Buyer tenders gas to Operator for transportation services, and (ii) downstream of

Delivery Points at which Operator delivers gas for the account of Buyer. Buyer shall

be responsible for (i) insuring that any such arrangements are consistent with the

terms and conditions of the applicable Rate Schedule under which it seeks to have

Operator provide services, and (ii) requiring such third parties to confirm all of

Buyer's nominations with Operator by telephone, by facsimile transmission or other

means acceptable to Operator and such other third party. Such third-party

arrangements shall be coordinated with Operator.