Cove Point LNG Limited Partnership
Second Revised Volume No. 1
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Effective Date: 06/01/2003, Docket: CP01- 76-003, Status: Effective
Original Sheet No. 18C Original Sheet No. 18C : Effective
RATE SCHEDULE LTD-1
FIRM LNG TANKER DISCHARGING SERVICE
(Continued)
3. RATES (Continued)
3.2 (c) Retainage: Operator shall, as compensation for fuel used and lost and unaccounted
for, reduce Buyer's Liquefied Gas Balance by a specified percentage. Such
percentage shall be specified on the Currently Effective Rate Sheets of this
Tariff, as subsequently adjusted in accordance with the GT&C.
(d) Surcharges: The surcharges applicable to this Rate Schedule.
(e) Regulatory Fees: Buyer shall pay Operator all fees required or approved by the
Commission, or any regulatory body having jurisdiction, related to service
provided to Buyer under this Rate Schedule.
3.3 If Operator is unable to provide the service required by this Rate Schedule LTD-1 for
any reason, including an inability to provide service to Buyer under Elected FTS
service, for a period (other than periods of reasonably scheduled maintenance not to
exceed ten (10) days in any calendar year) that exceeds either (i) a cumulative total
of twenty (20) days in any calendar year, or (ii) three (3) consecutive calendar days,
Operator shall provide Buyer with a credit in an amount equal to (a) the cost of common
equity and associated income taxes reflected in the Reservation Charge for LNG tanker
discharging service under this Rate Schedule LTD-1 multiplied by (b) the quantity of
the service that was interrupted or curtailed. Such credit shall be calculated
prospectively for the period that the interruption or curtailment of service exceeds
the periods set forth above. Notwithstanding the foregoing, in the event that Operator
is unable to perform service required by this Rate Schedule LTD-1 solely as a result of
the unavailability of any or all of the existing three (3) electric power generators at
Operator's facility as of the commencement of Rate Schedule LTD-1 service (the
"Original Generators"), then any credit available to Buyer under this Section 3.3 as a
result of such inability shall be calculated prospectively beginning with the first day
after the continuation of such inability for thirty (30) consecutive calendar days;
provided, however, that this exception to the credit requirement shall cease to apply
effective as of the date that Operator places in-service electric generation capacity
that Operator determines, in its sole judgment, reasonably exercised, and after
consultation with Buyers, will create sufficient electric generating capacity, not to
exceed 8.5 megawatts, to provide a reasonable level of reserve capacity for the
capacity created by the Original Generators taking into account the operational
requirements of the Cove Point facility.