Texas Gas Transmission, LLC

Third Revised Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-405-000, Status: Effective

Second Revised Sheet No. 5225 Second Revised Sheet No. 5225

Superseding: First Revised Sheet No. 5225

 

FORM OF FIRM STORAGE SERVICE WITH MARKET BASED RATES AGREEMENT

RATE SCHEDULE FSS-M

 

Contract Number _________

 

THIS AGREEMENT, dated _________________ made and entered into by and between Texas Gas

Transmission, LLC, a Delaware limited liability company, hereinafter referred to as "Texas Gas,"

and ______, a ______________, hereinafter referred to as "Customer,"

WITNESSETH:

 

WHEREAS,

 

NOW THEREFORE, Texas Gas and Customer agree as follows:

1. Service: Subject to the provisions of this Agreement and of Texas Gas' Rate Schedule FSS-

M, Customer agrees to deliver or cause to be delivered to Texas Gas at the Point(s) of Injection

gas for storage and to receive or cause to be received at the Point(s) of Withdrawal gas from

storage, and Texas Gas agrees to receive gas at the Point(s) of Injection, to inject gas into

storage for Customer's account, to store gas, to withdraw gas from storage (or cause gas to be

injected into storage for Customer 's account, stored, and withdrawn from storage) and to deliver

to Customer at the Point(s) of Withdrawal gas withdrawn from storage.

 

2. Quantities: Customer's applicable Contract Quantities shall be as set forth below:

 

Maximum Daily Injection Quantity _________ MMBtu/D

Maximum Daily Withdrawal Quantity _________ MMBtu/D

Maximum Seasonal Quantity _________ MMBtu

 

3. Point of Injection: Customer shall have access to the appropriate Point(s) of Injection as

posted on Texas Gas' Internet Website.

 

4. Point of Withdrawal: Customer shall have access to the appropriate Points(s) of Withdrawal

as posted on Texas Gas' Internet Website.

 

5.1 Primary Term: This Agreement shall become effective ___________ and remain in full force

and effect for a primary term beginning ______________ (with the rates and charges described in

Paragraph 6 becoming effective on that date) and extending for a period through March 31, ___.

 

[To the extent mutually agreed to, the following language set forth in 5.2 through 5.4 may apply.

It is recognized that a Customer, at its option, has the right to include in the agreement an

evergreen or rollover provision, (5.2) below, pursuant to Section 10.2 of the General Terms and

Conditions of the Texas Gas Tariff.]

 

5.2 Evergreen/Rollover Term: At the end of such primary term, or any subsequent rollover

term, this Agreement shall automatically be extended for an additional rollover term of

____________, unless ___________ terminates this agreement at the end of such primary or rollover

term by giving __________ at least ____________advance written notice prior to the expiration of

such primary or rollover term.

 

5.3 Contractual Right of First Refusal: At the end of this Agreement, Customer shall be

granted a contractual right of first refusal to be exercised in accordance with Section 10.4 of

the Texas Gas Tariff.

 

6. Rates: Each month, Customer shall pay _____________________________________________.

 

7. Fuel, Use and Unaccounted for Retention: Customer shall reimburse Texas Gas for the

quantity of gas required for fuel, company use, and unaccounted for associated with the firm

storage service hereunder in accordance with Section 9.2 of the General Terms and Conditions and

Section 3.2 of Rate Schedule FSS-M of Texas Gas' FERC Gas Tariff.