Freebird Gas Storage, L.L.C.
First Revised Volume No. 1
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Effective Date: 10/01/2008, Docket: RP08-304-000, Status: Effective
Original Sheet No. 27 Original Sheet No. 27 : Suspended
(g) Regulatory Fees and Charges. Shipper shall reimburse Freebird for all
fees and charges, including, but not limited to, ACA charges, as required by
the Commission or any other regulatory body, that are related to service
provided under this Rate Schedule, as set forth in Shipper’s Interruptible
Storage Service Agreement.
(h) Taxes. Shipper shall be responsible for all taxes and similar assessments
described in Section 14, "Taxes," of the General Terms and Conditions of this
Gas Tariff, whether or not expressly set forth in a Service Agreement.
The term for service under this Rate Schedule shall be as set forth in the
executed Interruptible Storage Service Agreement.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Interruptible Storage Service Agreement and the respective obligations
of the parties hereunder are subject to all valid laws, orders, rules and
regulations of duly constituted authorities having jurisdiction, and are
conditioned upon the issuance, by the FERC, and any state or local
governmental agency having jurisdiction, of requisite authorization for
Freebird to provide the storage service contemplated hereby and to construct
and operate the facilities necessary to provide such service and for any
connected pipeline to transport natural Gas to/from the Point of
Injection/Withdrawal necessary to effect the service provided for herein.
6.2 Freebird shall have the right to propose to the FERC or other governing
regulatory body such changes in its rates and terms and conditions of service
as it deems necessary, and the Interruptible Storage Service Agreement shall
be deemed to include any changes which are made effective pursuant to order or
regulation or provisions of law, without prejudice to Shipper’s right to
protest the same.
7. INTERRUPTION OR CURTAILMENT
If, due to an emergency situation or when unexpected capacity loss occurs
after scheduling, Freebird’s capability to inject or withdraw quantities is
impaired so that Freebird is unable to inject or withdraw the quantities
provided for in its Interruptible Storage Service Agreements with Shippers,
then capacity, withdrawals and/or injections will be allocated according to
the priority of service as set forth in Section 5 of the General Terms and
Conditions of this FERC Gas Tariff.
8. EXPIRATION OF TERM
8.1 Withdrawal On or Before End of ISS Service Period. On or before the end
of the primary term or any renewed term of the Shipper’s Interruptible Storage
Service Agreement, Shipper must have physically withdrawn all of the Storage
Inventory held in storage for the account of Shipper under such Service
Agreement. Except as provided under Section 8.3 below, if such Storage
Inventory remains in the Storage Facility on any Day after the end of such
service period, Freebird shall have the right, at its sole option, to either
(i) attempt to negotiate with Shipper to enter into a new Service Agreement,
on an interruptible basis, related to such quantity of Gas remaining in such
Storage Inventory after the end of the service period (for example, an IPS
Transaction), (ii) take title to the Storage Inventory under the provisions of
Section 8.2 below, and/or (iii) resort to a combination of both such remedies.
Freebird’s election to enter