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receive or cause to be received gas requested to be withdrawn from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.