Southern LNG Inc.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-271-001, Status: Effective

Substitute Original Sheet No. 32E Substitute Original Sheet No. 32E

Superseding: Original Sheet No. 32E

 

RATE SCHEDULE LNG-3

(Continued)

 

4.5 Force Majeure Relief for Firm Service:

 

Customers under this Rate Schedule may under Section 4.5 thereof receive one of the

following two forms of relief from a complete and extended force majeure at the Elba

Terminal as provided below. Unless Southern LNG, in a not unduly discriminatory manner,

agrees to consider a later election, a Customer desiring to make the buyout election in

Section 4.5.2 below ("Buyout Election") in lieu of the demand charge crediting mechanism

under Section 4.5.1 below ("Crediting Election") shall so notify Southern LNG as follows:

 

(i) in the event of a request for new service (whether in an open season or otherwise)

under Section 2 of the General Terms and Condition after the effective date of

this provision, then no later than the request for service;

 

(ii) in the event Customer has an existing, effective Service Agreement as of the

effective date of this provision, then no later than the later of ten (10) days

after the effective date of this provision or January 1, 2010; and

 

(iii) in the event Customer has subscribed to new service that has not yet commenced as

of the effectiveness of this provision, then no later than ten (10) days after the

in-service of the facilities associated with the service agreement for such

subscription.

 

Such election shall be irrevocable and noted in Customer's Service Agreement and shall

survive Customer's termination of the Service Agreement. If Customer does not make a

timely Buyout Election, then Customer shall be deemed as of the effectiveness of the

Service Agreement to have elected the Crediting Election, which shall apply to that

Service Agreement. A Customer whose Buyout Election is noted in its Service Agreement

shall not, unless Southern LNG agrees otherwise, in a separate discounted or negotiated

rate agreement, receive relief under the Crediting Election.

 

4.5.1 Crediting Election:

 

(a) Applicability:

 

The following demand charge crediting mechanism shall apply to

Customer's Service Agreement under this Rate Schedule only if:

 

(i) Customer has not made the Buyout Election as provided above,

and

 

(ii) Southern LNG invokes force majeure pursuant to the GT&C of

this Tariff, and the event of force majeure renders Southern

LNG unable, during a period that exceeds thirty consecutive

days, to make available at least eighty percent (80%) of the

aggregate MSQ or MDVQ for all firm Customers ("SLNG Force

Majeure").