Freebird Gas Storage, L.L.C.
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 10/01/2008, Docket: RP08-304-000, Status: Effective
Original Sheet No. 131 Original Sheet No. 131 : Suspended
required of Freebird pursuant to the terms and
conditions of this Gas Tariff and the relevant Service Agreement, Shipper
shall be liable for all imbalances under its transportation agreement with
Transporter. Upon notification by Shipper or Transporter that a
Transportation Imbalance exists because Freebird failed to deliver or receive
the quantity of Gas nominated by Shipper and scheduled by Transporter in
accordance with the terms of this Gas Tariff and the relevant Service
Agreement, the terms of Section 8.8 addressing Receipt Defaults and Delivery
Defaults shall apply. Shipper agrees to use its best
efforts to prevent or diminish any occurrences of Transportation Imbalances.
Nothing in this Tariff is intended to inhibit the development of, or
discriminate against the use of, imbalance management or title transfer
tracking services provided by third parties. Any party interested in
providing imbalance management or title tracking services must coordinate with
Freebird.
6.5 Costs and Penalties. Shipper shall hold Freebird harmless for all costs
and penalties which may be assessed on Shipper by Transporter under Shipper’s
transportation agreement with Transporter, except to the extent such costs and
penalties result from the negligence of Freebird. Shipper and Freebird shall
cooperate with each other and with the Transporter to verify delivery and
receipt of the volumes of Gas delivered hereunder on a timely basis.
6.6 Downstream and Upstream Transportation. Shipper shall be responsible for
transportation to and from the Point of Injection/Withdrawal and payment of
all transportation charges relating thereto.
7. STORAGE OPERATIONS
7.1 Subject to the operating conditions of the Transporter, Freebird shall
receive Gas for injection from Shipper at the Point of Injection/Withdrawal
and make available Gas upon withdrawal to Shipper at the Point of
Injection/Withdrawal as scheduled by Shipper from time to time; provided that
Freebird shall not be obligated to receive for injection any quantity of Gas
if the injection of the same would cause the quantity of Gas stored for
Shipper’s account to exceed Shipper’s Maximum Storage Quantity, Maximum Park
Quantity, and/or Maximum Balance Quantity, as applicable; nor shall Freebird
be obligated at any time to make available for withdrawal to Shipper more Gas
than Shipper has stored in its Storage Inventory, Park Balance and/or Loan
Balance, as applicable.
7.2 Due to certain limitations of Freebird’s System, Freebird shall not be
obligated to receive, at the Point of Injection/Withdrawal, or make available,
at the Point of Injection/Withdrawal, any quantity of Gas when the quantity of
Gas tendered for delivery to Freebird or requested by Shipper to be delivered,
together with all other quantities of Gas tendered for delivery to Freebird at
the Point of Injection/Withdrawal or requested for delivery at such Point of
Injection/Withdrawal, results in a net metered flow which is less than the
minimum or greater than the maximum volumes that Freebird’s System is capable
of measuring.
8. NOMINATIONS AND SCHEDULING
8.1 During any Day when Shipper desires Freebird to inject or withdraw Gas for
Shipper’s account, Shipper shall submit a nomination to Freebird (i) for
timely nominations, via the Internet Web Site, and (ii) for evening and
Intraday nominations, via (a) the Internet Web Site and (b) telephone call to
the number(s) provided in the Service Agreement. Each nomination shall
include the following minimum