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. 252 Original Sheet No. 252 : Effective
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, FP AND FL
This Capacity Release Umbrella Agreement, made and entered into
this ___ day of _________, ______by and between___________________
, a _______________ (herein called "Replacement Customer"), and
PINE PRAIRIE ENERGY CENTER, LLC, a Delaware limited liability
company herein called "PPEC", (each of PPEC and Customer, a
"Party," and collectively, the "Parties").
W I T N E S S E T H:
WHEREAS,
NOW, THEREFORE, for and in consideration of the mutual
covenants and promises herein contained, the Replacement Customer
and PPEC hereby agree as follows:
ARTICLE I
SCOPE OF AGREEMENT
Subject to the terms, conditions and limitations hereof, so
long as the financial evaluation and credit appraisal requirements
are met in order for Replacement Customer to be on PPEC's approved
bidder list for capacity releases and to execute this Capacity
Release Umbrella Agreement pursuant to Section 4 of the General
Terms and Conditions of PPEC's FERC Gas Tariff, and this Capacity
Release Umbrella Agreement is effective, Replacement Customer may
bid from time to time on proposed capacity releases under Rate
Schedules FSS, FP and FL pursuant to the procedure set forth in
Section 4 of PPEC's General Terms and Conditions. If at any time
a bid submitted by Replacement Customer is accepted by PPEC with
respect to a given capacity release, PPEC will promptly finalize
the appropriate Addendum to this Capacity Release Umbrella
Agreement, in the format attached hereto. The parties agree that
each Addendum is an integral part of this Capacity Release
Umbrella Agreement as if executed by the parties hereto and fully
copied and set forth herein at length and is binding on the
parties hereto. Upon finalization of such Addendum, Replacement
Customer and PPEC agree that Replacement Customer shall be
considered for all purposes as a Customer with respect to the
released service.
Upon the finalization of an Addendum, subject to the terms,
conditions and limitations hereof and of PPEC's Rate Schedules
FSS, FP and FL, PPEC agrees to provide the released service for
Replacement Customer under the applicable Rate Schedule, provided
however, the Replacement Customer shall have qualified under the
financial evaluation and credit appraisal requirements set forth
in Section 3 of PPEC's General Terms and Conditions at the time it
submitted the bid PPEC accepted with respect to such release.
Replacement Customer hereby agrees promptly to provide any
information necessary for PPEC to reevaluate PPEC's credit
appraisal as contemplated by Section 3 of PPEC's General Terms and
Conditions and to advise PPEC of any material change in the
information previously provided by the Replacement Customer to
PPEC.