Total Peaking Services, L. L. C.
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
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.