Cove Point LNG Limited Partnership

Second Revised Volume No. 1

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Effective Date: 06/14/2000, Docket: RP00-389-000, Status: Effective

Original Sheet No. 151 Original Sheet No. 151 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

 

22. COMPLAINT RESOLUTION PROCEDURE

 

(a) Any Buyer or potential Buyer may make a written complaint to Operator, addressed to,

Attention: General Counsel, regarding any dispute between Buyer and Operator arising

under this Tariff. Buyer must specify each reason for the dispute. Within two

business days of receiving a complaint, Operator shall provide an initial response to

complainant, acknowledging receipt of the complaint and requesting further information

as appropriate. If satisfactory resolution has not been achieved within thirty (30)

days after receipt of Buyer's complaint, Operator shall appoint a Committee of

appropriate and necessary personnel to review the complaint and provide a written

decision to the complainant addressing each element thereof, and, where appropriate,

recommending a course of action (the "Initial Decision"). In the event the

complainant disagrees with this determination and makes a written request for

reconsideration or clarification, specifying each reason the complainant disagrees

with the Initial Decision, the Committee shall consider such request and within thirty

(30) days after receipt thereof shall render its final written decision to

complainant, addressing each element thereof and, where appropriate, recommending a

course of action ("Final Decision"). At any time subsequent to the filing of the

complaint, either the complainant or the Committee shall be prepared to meet with the

other, upon request, at a time and place mutually agreed upon.

 

(b) The parties' participation in the foregoing procedures shall not be construed as a

waiver of any legal or administrative rights which the parties may have. In order to

facilitate a prompt and equitable resolution of any dispute, the parties, by

participating in the meeting contemplated above, shall be deemed to agree that all

notes and discussions at such meeting shall be confidential and privileged as in the

nature of settlement discussions and shall not be admissible in evidence against any

party in any other proceeding.

 

 

23. ANNUAL CHARGE ADJUSTMENT

 

(a) Purpose. For the purpose of funding of the Federal Energy Regulatory Commission's

costs incurred in any fiscal year, this Section 23 establishes an annual charge

adjustment applicable to the Operator's transportation rate schedules.

 

(b) Basis of the Annual Charge Adjustment. The rate schedules specified herein shall

include an increment for an Annual Charge Adjustment ("ACA") for Federal Energy

Regulatory Commission costs. Such adjustment shall be the ACA unit charge, adjusted

to Operator's pressure base and heating value, if required, which is specified by the

Federal Energy Regulatory Commission each year to recover its costs for its previous

fiscal year. The ACA shall be reflected on the Currently Effective Rate Sheets of

this Tariff. By electing the FERC ACA unit charge method of recovery, Operator hereby

acknowledges its intent not to recover any annual charges in any general rate

proceeding filed under Section 4(e) of the Natural Gas Act.

 

(c) Filing Procedure. The initial ACA or any subsequent changes in such assessment charge

shall be filed by the Operator at least thirty (30) days prior to the proposed

effective date, unless, for good cause shown, a lesser notice period and different

effective date is allowed by valid Commission order. The proposed effective date of

filings shall be October 1 of each calendar year.