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.