Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 08/01/2001, Docket: RP00-460-002, Status: Effective

First Revised No. 65 First Revised No. 65 : Effective

Superseding: Original Sheet No. 65

GENERAL TERMS AND CONDITIONS

(Continued)

 

7. BALANCING (Continued)

 

7.2 Final Balancing (Continued)

 

(a) If Customer fails to withdraw, or otherwise dispose

of, all of its Storage Volume prior to the

termination of the Service Agreement, Total Peaking

may retain any remaining quantities of Storage

Volume free and clear of any adverse claims;

provided, however, that Total Peaking will notify

Customer in writing sixty (60) days prior to

termination of its Service Agreement of the quantity

of Storage Volume being held by Total Peaking for

Customer's account.

 

(b) If Customer in good faith disagrees with the

Quantity of Storage Volume set forth in the

notification required above, then within fifteen

(15) days of such notification, Customer shall

notify Total Peaking in writing of such dispute and

request a reconciliation. If, as of the date of

termination of Customer's Service Agreement, the

Quantity of Storage Volume contained in Total

Peaking's notice has not been finally reconciled and

such failure to reconcile results in a retention

hereunder by Total Peaking, then title to the

difference between the Quantity subject to retention

according to Total Peaking's records and that

reflected on Customer's records shall not finally

pass to Total Peaking until such reconciliation has

been completed.

 

8. OPERATIONAL FLOW ORDERS (OFOs)

 

8.1 Total Peaking will have the right to issue an OFO to any Customer

directing Customer to adjust receipts or deliveries, as the case

may be, when, in Total Peaking's sole judgment, it is required to

alleviate conditions which threaten the Facilities's integrity,

safety or service or to ensure compliance with the provisions

contained in this Tariff. During the conditions which threaten

the Facilities's integrity, safety or service, an OFO will not be

issued to protect interruptible service. Before issuing an OFO,

Total Peaking will attempt to remedy those operating conditions

through requests for voluntary action provided, however, exigent

circumstances may exist which require immediate issuance of an OFO.