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
First Revised Sheet No. 23 First Revised Sheet No. 23 : Effective
Superseding: Original Sheet No. 23
RATE SCHEDULES FPS-1, FPS-2, FPS-3
10-Day, 5-Day, 3-Day Firm Peaking Service
(Continued)
5. DESCRIPTION OF OPERATIONS
(a) Fifteen (15) days prior to the beginning of (i) the initial Injection Season and (ii)
each subsequent Injection Season, Operator shall provide Buyer with an Initial
Injection Season Delivery Schedule (the "Delivery Schedule") showing the daily
quantity of Natural Gas, including Retainage, to be received by Operator for
liquefaction and storage for each Buyer's account each month during the upcoming
Injection Season. As soon as practicable, but no later than five (5) days after the
Buyer's receipt of the Delivery Schedule, Buyer may either accept the schedule or
request Operator to modify the Delivery Schedule and Operator shall, to the extent
possible, make such modification if in Operator's reasonable judgement Buyer's
request can be implemented consistent with: (i) Operator's anticipated operating
plans for the Cove Point LNG Plant, (ii) Operator's contractual obligations to all
other Buyers of service under this Rate Schedule who would be affected by the
requested modification, and (iii) requests for modification of the Delivery Schedule
by all other Buyers under this Rate Schedule. Six (6) business days prior to the
upcoming Injection Season, Operator will provide Buyer with a Delivery Schedule so
modified (the "Final Delivery Schedule"). Buyer shall make all necessary
arrangements to deliver or cause to be delivered daily quantities of Natural Gas to
Operator during the upcoming Injection Season pursuant to the Final Delivery
Schedule.
(b) Injections during the Injection Season. Operator agrees to receive, liquefy and
inject LNG into storage, for each Buyer's account during the Injection Season,
quantities of Natural Gas at the daily delivery rates set forth in the Final Delivery
Schedule. It is understood that the Natural Gas for injection into storage as LNG
shall be provided by Buyer and delivered to Operator, including Retainage, at
existing Receipt Points on Operator's Cove Point Pipeline as set forth in Buyer's
Service Agreement and, except for Retainage, title to the Natural Gas or LNG in
storage shall not be transferred from Buyer to Operator. Any LNG and Retainage
withdrawn by Buyer during the Injection Season, subject to the limitations of this
Section 5, shall be deducted from Buyer's Liquefied Gas Balance and shall not be
available for withdrawal during the Withdrawal Season unless such quantity is
replenished, pursuant to Section 5(c) and/or 5(d) of this Rate Schedule or Section 11
(LNG Inventory Transfers) of the General Terms and Conditions.
(c) Excess Injections during the Injection Season. If, as a result of withdrawal of LNG
from storage during the Injection Season, Buyer's Liquefied Gas Balance will be less
than its MCPQ on the first day of the Withdrawal Season, Buyer may request Operator
to inject Natural Gas into storage for Buyer's account in excess of the quantities
set forth in the Final Delivery Schedule. Operator may make such excess injection
if, in Operator's reasonable judgment, such injection can be made without adverse
effect on Operator's operation or the scheduled injection of other Buyers' Natural
Gas and shall be at such times and such flow rates as may be agreed upon between
Operator and Buyer.