Wyckoff Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 12/31/9999, Docket: RP09- 444-000, Status: Accepted

Original Sheet No. 6 Original Sheet No. 6

 

(4) Fuel Retention. The amount of Shipper’s Gas tendered

for injection which is retained by Transporter as reimbursement for

compressor fuel used in the provision of service provided in

conjunction with the Agreement as set forth in Exhibit A of the

Shipper’s FSS Service Agreement.

 

(5) Unauthorized/Authorized Overrun Service Charge. A

charge, as set forth in Exhibit A of the Shipper’s FSS Service

Agreement, for each Dth of Gas withdrawn in excess of Shipper’s

MDWQ/MHWQ or injected in excess of Shipper’s MDIQ/MHIQ on each Day of a

given Month.

 

(b) The charges and surcharges described in this Rate Schedule

are subject to adjustment in accordance with the procedures set forth

in the General Terms and Conditions.

 

(c) Shipper shall reimburse Transporter for all property or

other taxes associated with the quantities held for Shipper in storage

under this Rate Schedule. Transporter shall invoice shipper

periodically for all taxes, if any, attributable to the injection,

storage or withdrawal of Gas, including Base Gas.

 

(d) Transporter shall be responsible for any loss, cost, or

expense arising from any loss of Shipper’s Gas in Transporter’s storage

that results from intentional or grossly negligent acts or omissions of

Transporter. Notwithstanding the provisions in Section 10 of the

General Terms and Conditions, Shipper shall be responsible for

obtaining its own insurance for any Gas in storage, and shall hold

Transporter harmless from any loss, cost, or expense arising from any

loss of storage Gas that results from a force majeure event or that is

not the result of intentional or grossly negligent acts or omissions of

Transporter.

 

6. AUTHORIZATION, RATES, TERMS AND CHANGES

 

(a) The Shipper’s FSS Service Agreement(s) and the respective

obligations of the Parties hereunder are subject to all valid laws,

orders, rules and regulations of duly constituted authorities having

jurisdiction, and are conditioned upon the issuance, by the FERC and

any state or local governmental agency having jurisdiction, of

requisite authorization for Transporter to provide the storage service

contemplated herein and to construct and operate the gas storage

facilities necessary to provide such storage service and for any

connected pipeline to transport natural gas to/from the Point(s) of

Delivery/Redelivery necessary to effect the storage service provided

herein.

 

(b) Transporter shall have the right to propose to the FERC or

other governing regulatory body such changes in its rates and terms of

service as it deems necessary, and this Service Agreement shall be

deemed to include any changes which are made effective pursuant to

order or regulation or provisions of law, without prejudice to

Shipper’s right to protest the same; provided however, that any

negotiated rates between Transporter and the Shipper(s) shall remain in

effect during the term of the Shipper’s FSS Service Agreement(s).