Petal Gas Storage, L. L. C.
Original Volume No. 1
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Effective Date: 01/09/2010, Docket: RP10-229-000, Status: Effective
Third Revised Sheet No. 114 Third Revised Sheet No. 114
Superseding: Substitute Second Revised Sheet No. 114
GENERAL TERMS AND CONDITIONS (Continued)
Customer and the estimated duration of the interruption. Petal
shall provide Customer such notice by telephone, electronic
mail, facsimile and/or Petal website notice.
(c) If interruption is required, Petal and Customer shall cooperate
to the extent possible in making adjustments to injections or
withdrawals to minimize injury to any property or facilities.
(d) If Petal fails to deliver on any day under any Rate Schedule FTS
service agreement the Customer's confirmed nominated volume of
gas, which Petal is obligated to deliver at Primary Delivery
Point(s), then the applicable Reservation Charge shall be
eliminated for the quantity of gas not delivered by Petal;
provided, however, that these charges shall not be eliminated to
the extent that the Customer uses Secondary Delivery Point(s).
(e) Petal shall not be obligated to adjust the Reservation Charge
under any Rate Schedule FTS contract when Petal's failure to
deliver on any day:
(i) is the result of the conduct of Customer, the upsteam
operator of the facilities at the Primary Receipt
Point(s), or the downstream operator of the facilities at
the Primary Delivery Point(s); or
(ii) occurs either (a) within ten (10) days following a force
majeure event as contemplated by Section 17.2 of the
General Terms and Conditions of Petal's FERC gas tariff,
or (b) prior to the date Petal has or should have, in the
exercise of due diligence, overcome the force majeure
event, whichever occurs first.
4.5 Interruption Liability. Petal shall not be liable for any loss or damage
to any person or property caused by any interruption of service, except
to the extent of direct damages caused, in whole or in part, by Petal's
own negligence or willful misconduct.
5. OPERATING PROVISIONS FOR STORAGE OPERATIONS
5.1 Customer shall tender or cause to be tendered to Petal at the Point(s)
of Receipt any gas which Customer desires to have injected into storage
plus applicable Fuel Reimbursement volumes. Customer shall also
receive or cause to be received gas requested to be withdrawn from
storage at the Point(s) of Delivery upon tender for delivery by Petal.
5.2 Subject to the operating conditions of the Interconnecting Pipelines,
Petal shall receive gas for injection from Customer at the Point(s) of
Receipt and deliver gas to Customer at the Point(s) of Delivery as
scheduled by Customer from time to time; provided that Petal shall not be
obligated to receive for injection any quantity of gas if the injection
of the same would cause the quantity of gas stored for Customer's account
to exceed Customer's Storage Capacity; nor shall Petal be obligated at
any time to deliver more gas to Customer than Customer has stored in its
Storage Capacity.
5.3 Due to certain limitations of Petal's facilities, Petal shall not be
obligated to receive on a firm basis, at any Point of Receipt for
injection, or deliver on a firm basis, at any Point of Delivery, any
quantity of gas when the quantity of gas tendered for delivery to Petal
or requested by Customer to be delivered, together with all other
volumes of gas tendered for delivery to Petal at any such Point of
Receipt or requested for delivery at such Point of Delivery, results in
a net metered flow which is less than or equal to 5,000 MMBtu per day.