Dominion Cove Point LNG, LP
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP06-417-004, Status: Effective
First Revised Sheet No. 124 First Revised Sheet No. 124 : Effective
Superseding: Original Sheet No. 124
RATE SCHEDULE OTS
Off-Peak Firm Transportation Service
4. RATES (continued)
(d) Regulatory Fees. Buyer shall pay Operator in advance all fees required by
the Commission, or any regulatory body having jurisdiction, related to the
transportation service provided to Buyer under this Rate Schedule
including, but not limited to, filing, reporting and application fees.
(e) All other applicable rates, charges, and penalties as set forth in the
General Terms and Conditions and the Currently Effective Rate Sheets of
this Tariff including, but not limited to, any applicable incremental rate
and fuel provisions as listed on Sheet Nos. 7 and 10.
4.3 Operator may elect to offer to provide service at a rate that is below the maximum
but no less than the minimum rates set forth on Sheet No. 7 as applicable to this
Rate Schedule. However, Operator is not obligated to offer to provide service at
any rates less that the maximum rates.
4.4 Notwithstanding the general provision of this Section, if Operator and Buyer
mutually agree to negotiate rates for service hereunder, such negotiated rates
shall apply in lieu of the otherwise applicable charges identified in this Section
4, subject to any required regulatory approval.
5. NOMINATIONS OF SCHEDULED DAILY RECEIPTS AND DELIVERIES
Buyer shall nominate quantities of Natural Gas for transportation under its OTS Service
Agreement pursuant to the nominating and scheduling provisions of Section 6 (Operating
Conditions) of the General Terms and Conditions of this Tariff.
6. POSSESSION OF NATURAL GAS
Operator shall be deemed to be in control of and have responsibility for Natural Gas
after the receipt thereof by Operator from Buyer or others at Buyer's direction, and
prior to the delivery of such Natural Gas to Buyer. Operator shall have no
responsibility with respect to such Natural Gas prior to Operator's receipt thereof, or
after Operator's delivery of such, to or for Buyer's account.
7. WARRANTY OF TITLE
Buyer hereby warrants title to all Natural Gas delivered to Operator by Buyer, or others
at Buyer's direction, for transportation hereunder and the right of Buyer to deliver such
Natural Gas, or cause it to be delivered to Operator, and Buyer warrants that all such
Natural Gas is owned by Buyer free from all liens, encumbrances and adverse claims
whatsoever, including liens to secure payment of any taxes. Buyer agrees to indemnify
Operator and save Operator harmless from all suits, actions, debts, accounts, damages,
costs, losses and expenses arising from any breach of the foregoing warranty. At no time
during the Operator's possession of Natural Gas received for Buyer's account shall title
to Natural Gas pass from Buyer to Operator except for those quantities received by Buyer
and retained as Retainage as specified in this Tariff.
8. GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of Operator's effective FERC Gas Tariff, and any
revisions thereof that may be proposed and made effective from time to time hereafter, to
the extent not inconsistent with the provisions of this Rate Schedule, shall apply to and
are made a part of this Rate Schedule. In the event of inconsistencies between the
General Terms and Conditions and this Rate Schedule OTS, the terms and conditions of this
Rate Schedule OTS shall prevail.