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. 34 Original Sheet No. 34 : Suspended
ILS RATE SCHEDULE INTERRUPTIBLE LOAN SERVICE
1. AVAILABILITY
This Rate Schedule is available to any Shipper for the purchase of
Interruptible Gas loan service from Freebird, provided
that:
(a) Freebird has determined that it has operationally available and
uncommitted storage capacity, injection or withdrawal capacity to perform the
service Shipper has requested;
(b) Freebird has determined that the service Shipper has requested under this
Rate Schedule will not interfere with efficient operation of its System or
with Firm service;
(c) Shipper and Freebird have executed a Hub Services Agreement under this
Rate Schedule;
(d) Shipper accepts responsibility for arranging any upstream and downstream
transportation service required for utilization of the loan service provided
under his Rate Schedule; and
(e) Freebird shall not be required to construct, modify, expand or acquire
any facilities to enable Freebird to perform any requested service under
this RateSchedule.
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 This Rate Schedule shall apply to all Interruptible loan service rendered
by Freebird to Shipper through use of Freebird’s System pursuant to an
executed Hub Services Agreement. Interruptible loan service rendered by
Freebird to Shipper under this Rate Schedule shall consist of the advancement
to Shipper, upon nomination and subsequent confirmation, of daily quantities
of Gas in storage not to exceed Shipper’s MDWQ up to Shipper’s MLQ, as stated
in the Hub Services Agreement with Shipper, provided that all Firm service
nominations for withdrawal have been satisfied and System needs allow.
Shipper agrees to replace the borrowed quantities of Gas to Freebird at a time
to be agreed upon as set forth in the Hub Services Agreement. If Shipper
fails to return Gas advanced by Freebird to Shipper on or before the agreed
date and time, the terms of Section 8.0 below shall apply.
2.2 To the extent Freebird advances Gas to an Interruptible Shipper which is
needed by Freebird in order to satisfy Freebird’s obligations to Firm service
Shippers or the Gas is otherwise necessary to meet System needs, Freebird may
with reasonable and nondiscriminatory discretion and upon giving notice to
Shipper, interrupt the continuation of any or all services hereunder and
require Shipper to replace or replenish all, or any portion, of the Loan
Balance borrowed by Shipper. Freebird will notify the Shipper of the need to
replace or replenish Gas and the quantity to be replaced or replenished and
shall specify the time period in which the Shipper must comply with the
notice. Freebird’s notice to Shipper may be given orally, but shall be
confirmed in writing via U.S. mail, electronic-mail, facsimile, instant
messaging or other method to Shipper. Unless Freebird otherwise agrees,
Shipper shall be required to make injections ratably over the specified time
period. If Shipper fails to replace or replenish borrowed Gas to Freebird as
directed within the period specified by Freebird, Freebird will have the
right to treat the loaned quantities that have not been returned as a sale of
such loaned quantities to Shipper, at a price per Dth equal to the Current
Market Price (as defined in Section 8 below), plus Freebird’s costs related
to Shipper’s failure to timely