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.