Pine Prairie Energy Center, LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective

Original Sheet No. 127 Original Sheet No. 127 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

the release and assignment subject to compliance with the

provisions of Section 20 of these General Terms and Conditions.

The Replacement Customer must withdraw the portion of its Maximum

Storage Quantity by the end of the term of the release. In lieu

of withdrawing the portion of its Storage Inventory, the

Replacement Customer can also attempt to effect a transfer of the

portion of its Storage Inventory to another storage service

Customer as provided in Section 20 of these General Terms and

Conditions. If the Replacement Customer fails to withdraw or

transfer the portion of its Storage Inventory by the end of the

term of its release, title to the portion of Customer's remaining

Storage Inventory will be vested, at no cost, in the Releasing

Customer which released its capacity to the Replacement Customer

on a temporary basis.

 

 

4.14 PPEC's Rights to Terminate Temporary Capacity

Releases.

 

(a) In the event of a temporary release for which (1)

PPEC has given notice of termination of the Releasing Customer's

Storage Service Agreement pursuant to Section 28 of these General

Terms and Conditions and (2) the reservation charge specified in

the effective Addendum to the Replacement or Prearranged

Replacement Customer's Capacity Release Umbrella Agreement is less

than the level of the reservation charge which the Releasing

Customer was obligated to pay PPEC, then PPEC shall be entitled to

terminate the Addendum, upon 30 days' written notice to the

Replacement or Prearranged Replacement Customer, unless the

Replacement or Prearranged Replacement Customer agrees prior to

the end of said 30-day notice period to pay for the remainder of

the term of the Addendum either (i) the reservation and commodity

charges at levels which the Releasing Customer was obligated to

pay PPEC, or (ii) such rate as mutually agreed by PPEC and

Replacement or Prearranged Replacement Customer. Customer may

elect to pay the lesser of the two foregoing options. PPEC's

right to terminate the Addendum is subject to PPEC providing

written notice of termination to the Replacement or Prearranged

Replacement Customer within 30 days of the determination by PPEC

that the Releasing Customer no longer satisfies PPEC's credit

requirements. Termination of the Addendum shall not occur prior

to termination of the Releasing Customer's contract.

 

(b) In the event that a Customer has received 30 days'

notice of termination of the Addendum to Customer's Capacity

Release Umbrella Agreement pursuant to Section 4.14(a) above for

storage service and there is Gas in storage for Customer's account

at the end of such 30-day period, the Addendum shall continue in

force and effect for the sole purpose of withdrawal of said Gas by

Customer until Customer's Storage Inventory is zero. PPEC shall

require Customer to withdraw each Day a quantity equal to the

MDWQ, or such other lesser quantity acceptable to PPEC. The

requirement to withdraw storage quantities shall be suspended on

any Day to the extent that PPEC cannot accommodate a nomination or

withdraw such storage quantities on such Day. Customer may also

transfer title of Gas remaining in Customer's Storage Inventory to

another Customer pursuant to Section 20 of PPEC's General Terms

and Conditions. In the event Customer fails to withdraw its

entire Storage Inventory within the time