Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective

Original Sheet No. 62 Original Sheet No. 62 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

5. OPERATING CONDITIONS (Continued)

 

5.5. Operating Conditions For Deliveries of LNG.

 

The quantity of LNG delivered by Total Peaking to Customer shall

be determined by having the transportation vehicles weighed on

certified scales before and after loading. Customer's Truck(s)

shall have the responsibility of furnishing Total Peaking with

certified weights prior to, and after, loading with LNG. The

weight of the LNG so delivered shall be converted into dekatherms

in accordance with the American Gas Association Gas Measurement

Committee Report No. 5 of Fuel Gas Energy Metering, as amended,

expanded or superseded from time to time, applied in an

appropriate manner.

 

5.6 Operating Conditions for the Delivery of Regasified LNG

 

(a) Total Peaking shall not be required to deliver

Regasified LNG at a rate in excess of the rate of

one-twentyfourth (1/24) of Customer's Maximum Daily

Vaporization Volume.

 

(b) Total Peaking shall not be obligated to deliver

Regasified LNG if the total Quantities nominated for

the Day are less than 2,000 Dt per Day.

 

6. CURTAILMENT AND INTERRUPTION

 

6.1 Interruption

 

Total Peaking shall have the unqualified right to interrupt

storage service, in whole or in part, at any time under its

Interruptible Rate Schedule(s) to provide service under its Firm

Rate Schedules.

 

6.2 Curtailment

 

Total Peaking shall have the right to curtail or discontinue

storage service, in whole or in part, at any time for reasons of

Force Majeure or when, in Total Peaking's sole judgment,

capacity, supply, or operating conditions so require or it is

desirable or necessary to make modifications, repairs or

operating changes to its Facilities. Total Peaking shall use

reasonable efforts to provide Customer such notice of the

curtailment as is reasonable under the circumstances.