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Agreement, for each Dth of Gas withdrawn in excess of Shipper’s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