Freebird Gas Storage, L.L.C.
First Revised Volume No. 1
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Effective Date: 10/01/2008, Docket: RP08-304-000, Status: Effective
Original Sheet No. 22 Original Sheet No. 22 : Suspended
body, that are related to service provided under this Rate Schedule, as set
forth in Shipper’s Firm Storage Service Agreement.
(h) Taxes. Shipper shall be responsible for all taxes and similar assessments
described in Section 14, "Taxes," of the General Terms and Conditions of this
Gas Tariff, whether or not expressly set forth in a Service
Agreement.
5. TERM
The term for service under this Rate Schedule shall be as set forth in the
executed Firm Storage Service Agreement.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Firm Storage Service Agreement and the respective obligations of the
parties hereunder are subject to all valid laws, orders, rules and regulations
of duly constituted authorities having jurisdiction, and are conditioned upon
the issuance, by the FERC, and any state or local governmental agency having
jurisdiction, of requisite authorization for Freebird to provide the storage
service contemplated hereby and to construct and operate the facilities
necessary to provide such service and for any connected pipeline to transport
Gas to/from the Point of Injection/Withdrawal necessary to effect the service
provided for herein.
6.2 Freebird shall have the right to propose to the FERC or other governing
regulatory body such changes in its rates and terms and conditions of service
as it deems necessary, and the Firm Storage Service Agreement shall be deemed
to include any changes which are made effective pursuant to order or
regulation or provisions of law, without prejudice to Shipper’s right to
protest the same.
7. INTERRUPTION OR CURTAILMENT
If, due to an emergency situation or when unexpected capacity loss occurs
after scheduling, Freebird’s capability to inject or withdraw quantities is
impaired so that Freebird is unable to inject or withdraw the quantities
provided for in its Firm Storage Service Agreements with Shippers, then
capacity, withdrawals and/or injections will be allocated according to the
priority of service as set forth in Section 5 of the General Terms and
Conditions of this FERC Gas Tariff.
8. EXPIRATION OF TERM
8.1 Withdrawal On or Before End of FSS Service Period. On or before the end
of the primary term or any renewed term of the Shipper’s Firm Storage Service
Agreement, Shipper must have physically withdrawn its Storage Inventory held
in storage for the account of Shipper under such Service Agreement. Except as
provided under Section 8.3 below, if such Storage Inventory remains in the
Storage Facility on any Day after the end of the service period, Freebird
shall have the right, at its sole option, to either (i) attempt to negotiate
with Shipper to enter into a new Service Agreement, on an interruptible basis,
related to such quantity of Gas remaining in Storage Inventory under the
expired Service Agreement after the end of the service period (for example, an
IPS Service Agreement), (ii) take title to the Storage Inventory under the
provisions of Section 8.2 below, and/or (iii) resort to a combination of both
such remedies. Freebird’s election to enter into a new Service Agreement will
not prevent it from subsequently exercising its rights pursuant to Section 8.2
at any time Storage Inventory remains in the Storage Facility after the end of
the new service period and Freebird and Shipper are unable to reach agreement
on the terms of a new Service