Tres Palacios Gas Storage LLC
Original Volume No. 1
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Effective Date: 07/25/2009, Docket: RP09-260-000, Status: Effective
First Revised Sheet No. 149 First Revised Sheet No. 149
Superseding: Original Sheet No. 149
GENERAL TERMS AND CONDITIONS
(Continued)
20.2 Title Transfers of Gas
(a) Transfers of title between Customers and/or
Storage Service Agreements under which Gas is delivered to TRES
PALACIOS, withdrawn from TRES PALACIOS' storage or wheeled on TRES
PALACIOS' system may be permitted by TRES PALACIOS at Point(s) of
Receipt and Point(s) of Delivery on an Interruptible basis
pursuant to Customer's Title Transfer Form.
(b) Requests for such transfers shall be made in
accordance with the nomination procedures set forth in Section 8,
Nominations and Scheduling, of the General Terms and Conditions
herein. TRES PALACIOS shall not unreasonably withhold approval of
such transfers.
(c) For each title transfer nominated by Customer
under Section 20.2(b) herein, Customer shall pay the gas title
transfer rate set forth on the executed Title Transfer Form.
21. PENALTIES
21.l A Customer shall be liable for and shall be required
to reimburse TRES PALACIOS for all penalties, charges and fees
which TRES PALACIOS is required to pay to Transporter(s) as a
consequence of Customer's actions. The recovery of such penalty
amounts shall be on an as-billed basis.
21.2 In addition to the payment of the penalties set
forth in Section 21.1 herein, the responsible Customer shall also
be liable for, and shall reimburse TRES PALACIOS, for all costs
incurred by TRES PALACIOS as a consequence of such Customer's
actions.
22. TRANSMISSION PROVIDER STANDARDS OF CONDUCT
TRES PALACIOS does not meet FERC's definition of a
"Transmission Provider" (18 C.F.R. 358.3(a)) because it is a
storage company authorized to charge market-based rates, is 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, TRES
PALACIOS is not required to comply with FERC's Transmission
Provider Standards of Conduct, as promulgated in Order Nos. 2004,
et al., and codified at 18 C.F.R. Part 358.