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.