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. 157 Original Sheet No. 157 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
(e) terminate the Customer's Storage Service Agreement,
provided that PPEC shall provide not less than thirty (30) days
notice of such termination to the Customer and to FERC; and
(f) assert any liens or other interests, consistent
with applicable law, against any Gas Customer may have remaining
on PPEC's system.
28.3 Customer shall not be obligated to pay PPEC
reservation charges for any suspended services during any period
of suspension pursuant to Section 28.2.
29. POLICY WITH RESPECT TO FEES AND CONSTRUCTION OF NEW
FACILITIES
29.1 Except as provided in Section 29.2 herein, Customer
shall reimburse PPEC (a) for the costs of any facilities installed
by PPEC with Customer's consent to receive, measure, store or
deliver Gas for Customer's account and (b) for any and all filings
and approval fees required in connection with Customer's Storage
Service Agreement that PPEC is obligated to pay to the Commission
or any other governmental authority having jurisdiction. Any
reimbursement due PPEC by Customer pursuant to this Section 29.1
shall be due and payable to PPEC within ten (10) days of receipt
by Customer of PPEC's invoice(s) for same; provided, however, that
subject to PPEC's consent, such reimbursement, plus carrying
charges thereon, may be amortized over a mutually agreeable period
not to extend beyond the primary contract term of the Storage
Service Agreement between PPEC and Customer. Carrying charges
shall be computed utilizing interest factors acceptable to both
PPEC and Customer.
29.2 PPEC may waive from time to time, at its discretion,
all or a portion of the facility cost reimbursement requirement
set forth in Section 29.1 for Rate Schedules FSS, FP and FL if
Customer provides PPEC adequate assurances to make construction of
the facilities economical to PPEC. All requests for waiver shall
be handled by PPEC in a manner which is not unduly discriminatory.
For purposes of determining whether a project is economical, PPEC
will evaluate projects on the basis of various economic criteria,
which will include the estimated cost of the facilities, operating
and maintenance as well as administrative and general expenses
attributable to the facilities, the revenues PPEC estimates will
be generated as a result of such construction, and the
availability of capital funds on terms and conditions acceptable
to PPEC. In estimating the revenues to be generated, PPEC will
evaluate the existence of capacity limitations downstream of the
facilities, the marketability of the capacity, the Interruptible
versus the firm nature of the service, and other similar factors
which impact whether the available capacity will actually be
utilized.