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. 107 Original Sheet No. 107 : Suspended
utilize electronic bidding mechanisms via the internet and
may rely upon electronic records and electronic signatures to facilitate such
bidding and, when used, such electronic records and electronic signatures
shall satisfy any law or regulation that requires a contract or record to be
in writing.
3.2 Requests for Service. Freebird will accept requests for Firm storage or
Interruptible storage service for any capacity that becomes available outside
of an open season or that remains available after an open season. Available
capacity shall be posted on Freebird’s Internet Website in accordance with
Commission regulations. Such capacity shall be allocated on a first-come,
first-served basis to the first customer offering to pay a rate for service
that Freebird finds acceptable. Any Potential Shipper wishing to obtain
service from Freebird under Rate Schedule FSS, ISS, IPS, ILS or IBS shall
submit to Freebird a request for service in accordance with the applicable
Rate Schedule. Such request may be delivered in person or by telephone, or
submitted by United States mail, overnight courier service, facsimile
transmission (fax), electronic mail, or through Freebird’s Internet Web Site.
Freebird shall evaluate and respond to Potential Shipper’s request as soon as
possible and at least within five (5) Business Days of its receipt, provided
that Freebird shall not be obligated to sell its capacity if, in Freebird’s
reasonable discretion, the Potential Shipper fails to offer a minimum reserve
amount or otherwise submits an offer containing unreasonable terms and
conditions. If Freebird and the requesting party mutually agree to the rates
the party will pay for a service, as well as all other commercial terms of
such service, Freebird and Shipper will, subject to the requesting party
meeting all "Qualified Shipper" requirements, execute a Service Agreement.
Freebird and Shipper may agree verbally to the commercial terms of service,
with the communication of an offer and the communication of an acceptance of
such terms constituting a valid, binding and enforceable agreement between the
Parties, and for any service agreement which cannot by its terms be completely
performed within one year from the date of such agreement, Freebird and
Shipper will memorialize the terms of such agreement by executing the relevant
Service Agreement. Notwithstanding the foregoing, Freebird will endeavor to
confirm all agreements for service via an executed Service Agreement (whether
or not performance is required within one year) and Shipper shall have three
(3) Days to protest any terms set forth in such Service Agreement which
Shipper thinks does not accurately reflect the verbal agreement made between
Shipper and Freebird; if Shipper does not protest the terms of a Service
Agreement within 3 Days of Freebird’s delivery of such Service Agreement, the
terms set forth in such Service Agreement will be deemed correct. Either
Party may record the telephone calls between the Parties, and each Party
consents to such recording of telephone calls for the purpose of verifying the
commercial terms of service as verbally agreed to by the Parties. If Freebird
rejects any service request, Freebird shall notify the requesting party of the
reason(s) for such rejection. Potential Shipper’s request for service shall
be considered complete only if the information specified in this Section 3 of
these General Terms and Conditions is provided in writing.
Requests for service may be sent to:
Freebird Gas Storage, LLC
Attn: Vice President, Marketing
20333 State Hwy 249, Suite 400 Houston, Texas 77070
Phone: (281) 374-3053 Fax: (281) 374-3088