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