Pine Prairie Energy Center, LLC
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 147 Original Sheet No. 147 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
16. INSURANCE
As an accommodation to Customers under Rate Schedules FSS
and FP, PPEC shall be responsible for obtaining for the benefit of
such customers insurance coverage against casualty events that
result in the loss of Gas held in storage in the PPEC storage
facility, provided that such insurance coverage is available to
PPEC on commercially reasonable terms. Insurance coverage for
Customers under Rate Schedules FSS and FP shall be an option
available to such Customers at their election. PPEC and each
Customer shall agree whether or not insurance coverage shall apply
to Customer's Storage Inventory during the negotiation of
Customer's Storage Service Agreement. Whether or not Customer's
agreement includes insurance coverage shall be indicated using the
spaces provided on Customer's Storage Service Agreement. If a
Customer's Storage Service Agreement indicates that PPEC shall
provide insurance coverage, the negotiated, market-based
reservation charges set forth in Customer's Storage Service
Agreement shall be deemed to cover the cost of such insurance
coverage. Unless Customer's Storage Service Agreement expressly
indicates that PPEC shall provide insurance coverage, PPEC shall
have no obligation to obtain insurance coverage for Customer's
benefit and Customer shall be responsible for providing its own
insurance coverage with respect to Gas it tenders for storage and
has stored in the PPEC storage facility located in Louisiana.
PPEC's undertaking to obtain such insurance coverage shall
not be deemed to shift the risk of loss of Customers' Gas in
storage to PPEC. PPEC shall use commercially reasonable efforts
from time to time to identify each applicable Customer under Rate
Schedules FSS and FP as a named insured under any insurance policy
or policies obtained pursuant to this Section 16. A Customer's
recovery of the proceeds of any insurance payment made in respect
of a casualty event involving the loss of Gas held in storage
shall be limited to the Customer's allocable share of the proceeds
of insurance paid over to PPEC, such share to be determined in
accordance with the provisions of Section 12.2 of these General
Terms and Conditions. PPEC shall make insurance policy(ies)
obtained from time to time pursuant to this Section 16 available
to Customers electing to have PPEC acquire insurance for their
benefit for review upon Customer's reasonable request.