Tres Palacios Gas Storage LLC

Original Volume No. 1

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Effective Date: 07/25/2009, Docket: RP09-260-004, Status: Effective

Substitute First Revised Sheet No. 138 Substitute First Revised Sheet No. 138

Superseding: Original Sheet No. 138

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

8.3 Customer shall make available and tender any Gas to

be injected or wheeled hereunder and receive and accept delivery,

upon tender by TRES PALACIOS, any Gas requested to be withdrawn

from storage or wheeled. The quantity of Gas stored for the

account of Customer shall be increased or decreased upon injection

or withdrawal of Gas from storage, as applicable. Customer shall

not (unless otherwise agreed by TRES PALACIOS) receive or deliver

Gas, nor shall TRES PALACIOS be obligated to receive Gas or

deliver Gas on an hourly basis at rates of flow in excess of 1/24

of Customer's MDRQ or MDDQ, respectively. As determined by TRES

PALACIOS in its sole and reasonable judgment, flow rates above

1/24 of Customer's MDRQ or MDDQ may be permitted. A Customer

shall not be permitted to nominate simultaneous injections to and

withdrawals from storage under the same Service Agreement or

otherwise to engage in any nomination pattern that would result in

Customer receiving the equivalent of unbundled transportation

service, other than interruptible wheeling service provided by

TRES PALACIOS in accordance with an executed Hub Services

Agreement. The prohibition against simultaneous injection and

withdrawal nominations shall not be deemed to limit a Customer's

right during a Day, subject to the priorities of service

provisions of Section 5 of these General Terms and Conditions, to

submit intra-day nominations in different nominations cycles that

would result in a switch from injections to withdrawals or from

withdrawals to injections; provided that the Customer shall not

nominate both injections and withdrawals under a single Service

Agreement during any time period within a Day.

 

9. POINT(S) OF RECEIPT AND POINT(S) OF DELIVERY

 

9.1 Point(s) of Receipt. Customer shall tender all Gas

for wheeling or injection into storage to TRES PALACIOS at the

Point(s) of Receipt as specified in Customer's Storage Service

Agreement. The quantity of Gas tendered by Customer to TRES

PALACIOS for wheeling or injection into storage shall (i) not

exceed at each Point of Receipt the MDTQ or MDRQ, as applicable,

for such Point of Receipt in effect from time to time, or (ii) not

exceed the MDIQ plus the applicable Fuel Reimbursement at all

Point(s) of Receipt in effect from time to time, without the

consent of TRES PALACIOS.

 

9.2 Point(s) of Delivery. TRES PALACIOS shall tender all

Gas to be wheeled or withdrawn from storage to Customer at the

Point(s) of Delivery as specified in Customer's Storage Service

Agreement. The quantity of Gas delivered to Customer shall (i) not

exceed at each Point of Delivery the MDTQ or MDDQ, as applicable,

for such Point of Delivery in effect from time to time, or (ii)

not exceed the MDWQ at all Point(s) of Delivery in effect from

time to time, without the consent of TRES PALACIOS.

 

9.3 Transportation Guidelines. For each Point of Receipt

and Point of Delivery, the interconnected Transporter's rules,

guidelines, operational procedures and policies, as they may be

changed from time to time, shall define