Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 08/15/2000, Docket: RP00-496-001, Status: Effective

1st Revised Sheet No. 66 1st Revised Sheet No. 66 : Effective

Superseding: Original Sheet No. 66

GENERAL TERMS AND CONDITIONS

(Continued)

 

8. OPERATIONAL FLOW ORDERS (OFOs) (Continued)

 

Examples of conditions which may cause OFOs to be issued include,

but are not be limited to:

 

(a) Failure of Customer's Truck(s) to arrive on the

schedule date;

 

(b) Unscheduled plant or downstream pipeline maintenance

and repairs affecting capacity;

 

(c) Non-compliance with curtailment orders where such

non-compliance threatens the integrity of Total

Peaking's Facilities;

 

(d) Failure to deliver LNG or Regasified LNG in

accordance with the delivery schedule where such

failure interferes with Total Peaking's ability to

provide scheduled service.

 

(e) The release of capacity under Section 23; or

 

(f) The recall of capacity under Section 23.12(e).

 

If Customer fails to so remove Quantities of Gas as directed,

then Total Peaking may, at its option, take title to such

Quantities free and clear of any adverse claims, in which case

Customer shall indemnify Total Peaking and hold it harmless from

all costs, damages, and liabilities arising out of the failure of

the Customer to remove such Quantities and the disposal of such

Quantities by Total Peaking, including storage charges under the

applicable rate schedule. Total Peaking shall be permitted to

sell the Quantities to which it takes title in accordance with

this Section 8 and to retain the proceeds from such sale;

provided, however, in the event that, notwithstanding its

exercise of due diligence, Customer is inhibited by Total Peaking

from so withdrawing its Quantities of Gas, Total Peaking shall

pay to Customer any net proceeds from Total Peaking's sale of

such Quantities.