Freebird Gas Storage, L.L.C.
First Revised Volume No. 1
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Effective Date: 10/01/2008, Docket: RP08-304-002, Status: Effective
Substitute Original Sheet No. 145 Substitute Original Sheet No. 145
Superseding: Superseding Original Sheet No. 145
(2) The purchase does not cause either Shipper to exceed its Maximum Storage
Quantity or Maximum Park Quantity, as applicable, and as specified in
Shipper's Service Agreement or Shipper's Hub Services Agreement, as
applicable, or cause either Shipper's balance to go below zero.
(b) Freebird will recognize the transfer for purposes of computing available
Storage Inventory or Park Balance, as applicable, on a prospective basis
within twenty-four (24) hours after receiving the notification. In the event
the required written verification is not received, the transfer will no longer
be recognized and the Storage Inventory for each Shipper will be restated to
reflect the reversal of the transfer.
(c) For each title transfer of Gas in storage performed by Shipper under
this Section, the transferring Shipper shall pay the fee, if any, for
title transfer agreed to by Freebird and the Shipper. This section does
not prohibit or limit the number of title transfer services provided by
third party providers.
19. PENALTIES
19.1 A Shipper shall be liable for and shall be required to reimburse Freebird
for all penalties, charges and fees which Freebird is required to pay to
Transporter as a consequence of Shipper's actions. The recovery of such
penalty amounts shall be on an as-billed basis.
19.2 In addition to the payment of the penalties set forth in Section 19.1
herein, the responsible Shipper shall also be liable, and shall reimburse
Freebird, for all costs incurred by Freebird as a consequence of such
Shipper's actions.
20. TRANSMISSION PROVIDER STANDARDS OF CONDUCT
20.1 Freebird does not meet FERC's definition of a Transmission Provider
because it is a storage company authorized to charge market-based rates, in
not interconnected with the facilities of any affiliated interstate natural
gas pipeline, has no exclusive franchise area, has no captive customers and
has no market power. Therefore, Freebird is not required to comply with the
FERC's Transmission Provider Standards of Conduct, as promulgated in Order
Nos. 2004, et al., and codified at 18 C.F.R. Part 358, as if it were a
Transmission Provider, but nevertheless will undertake to ensure transparency
and confidence to Freebird's customers in its provision of services on a
non-discriminatory basis.
20.2 All terms and conditions set forth in this FERC Gas Tariff shall be
applied in a non-discriminatory manner without preference to Freebird's
marketing affiliates.
20.3 Freebird shall provide service under Rate Schedules FSS, ISS, IPS, ILS,
and IBS on a basis that is equal (except as otherwise set forth in this FERC
Gas Tariff) in quality for all gas supplies stored, parked, loaned and/or
balanced by Freebird under such Rate Schedules.