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. 91 1st Revised Sheet No. 91 : Effective

Superseding: Original Sheet No. 91

GENERAL TERMS AND CONDITIONS

(Continued)

 

23. CAPACITY RELEASE (Continued)

 

23.10 Rights and Obligations of the Parties (Continued)

 

23.10(b) (Continued)

 

nominations and scheduling instructions of the

Replacement Customer; provided, however, that the

Releasing Customer shall not be liable for the

Replacement Customer's failure to pay the usage

charges (plus all applicable surcharges, Fuel

Reimbursement, taxes, penalties, etc.) billed to the

Replacement Customer and attributable to its usage

of the released capacity. The Replacement Customer

will indemnify Total Peaking against any claim or

suit by the Releasing Customer, its successors or

assigns, arising from any action taken by Total

Peaking in reliance upon the nominations and

scheduling instructions of the Replacement Customer

and will hold Total Peaking harmless for any actions

taken by Total Peaking in reliance upon the

instructions of the Releasing Customer.

 

23.11 Marketing Fee. If Total Peaking and the Releasing Customer so

agree Total Peaking may receive a negotiated fee for its

marketing efforts.

 

23.12 Limitations

 

(a) Releases and assignments hereunder shall be for

period(s) of one or more Day(s) and the maximum term

must be for no longer than the expiration of the

service agreement subject to the assignment.

 

(b) Total Peaking may invalidate any offer to release or

any bid subsequent to its posting on the IWS which

does not conform to the requirements of this section

and the other provisions of this FERC Gas Tariff and

such invalidated offer or bid shall be deemed null

and void.