PetroLogistics Natural Gas Storage LLC
Original Volume No. 1
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Effective Date: 06/03/2009, Docket: RP09-577-000, Status: Effective
Original Sheet No. 120 Original Sheet No. 120
of the Month for which the revenue collected exceeds $1,000,000. Any penalty revenue credited to
Non-Offending Shippers pursuant to this Section shall include interest calculated in accordance
with Section 154.501(d) of the Commission's regulations.
(i) Liability. PetroLogistics shall not be liable for any costs incurred by any Shipper or
point operator in complying with an OFO. Nor shall PetroLogistics be responsible for any damages
resulting from any interruption in service that is a result of a Shipper's or point operator's
failure to comply promptly and fully with an OFO, and the non-complying Shipper or point operator
shall indemnify PetroLogistics against any claims of responsibility; provided, however, that to
the extent Shipper is required to make a nomination pursuant to an OFO unless critical circumstances
dictate otherwise, no penalty will be assessed unless Shipper is given notice and a reasonable
period of time to correct the circumstances giving rise to the OFO; and provided further,
PetroLogistics shall use reasonable efforts to minimize any such costs or damages.
8. CAPACITY RELEASE
Any Shipper under Rate Schedule FSS may seek to release for assignment to others any or all of its
Firm service entitlements on a full day or an intraday basis, on a permanent or a temporary basis,
and on a firm or recallable basis, subject to the following terms and conditions:
8.1 Notice of Offer. A Shipper offering to release Firm service entitlements
shall notify PetroLogistics of the terms of its offer by the posting deadline as determined pursuant
to Section 8.3 herein. PetroLogistics will post this information on its Internet Web Site. Shipper
may propose a pre-arranged designated Replacement Shipper to which the capacity would be released.
Offers shall be binding unless written or electronic notice of withdrawal is received by
PetroLogistics prior to the close of the applicable bid period; provided, however, such withdrawal
shall only be valid if such Shipper has an unanticipated requirement for such capacity and no minimum
bid has been made. The notice must contain the reason for withdrawal which PetroLogistics shall post
on the Internet Web Site. The offer shall contain the following minimum information:
(a) Shipper's legal name and the name/title of individual who has authorized the offer to release;
(b) PetroLogistics' Service Agreement number;
(c) A description of the capacity to be released, including the MSQ, MDRQ, the MDDQ, the MDIQ, and
the MDWQ and the associated Point(s) of Receipt and Point(s) of Delivery, subject to the proposed
release, and subject to the daily quantity limitations described in Section 8.2 below;
(d) The proposed effective date and term of the release;
(e) The identity of any pre-arranged designated Replacement Shipper, a statement as to whether
the pre-arranged Replacement Shipper is an asset manager (as defined by FERC Regulations at 18 C.F.R.
§ 284.8(h)(3)) or marketer participating in a state-regulated retail access program (as defined by
FERC regulations at 18 C.F.R. § 284.8(h)(4)), and the full terms of such pre-arranged release.
(f) The method to be applied in evaluating bids, allocating capacity and breaking ties, as
described in Section 8.3 below;
(g) Whether, to what extent, and the conditions pursuant to which capacity will be subject to
recall for a full day or a partial day; and if recallable, (i) whether the Releasing Shipper's