Caledonia Gas And Storage

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index



Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective

Original Sheet No. 147 Original Sheet No. 147






This Capacity Release Umbrella Agreement, is made and entered

into this ___ day of ____________, 20__ (“Effective Date”), by and

between _______________________________, a

_________________________________ (“Replacement Customer”) and

CALEDONIA ENERGY PARTNERS, L.L.C., an Delaware limited liability

company (“Caledonia”). Caledonia and Replacement Customer shall

collectively be referred to herein as the “Parties” or individually as

a Party.

WHEREAS, subject to the terms and conditions of Caledonia’s Gas

Tariff on file with the Federal Energy Regulatory Commission

(“Commission”), Replacement Customer will receive rights under this

contract as assignment from a Releasing Customer, under Releasing

Customer’s FSS Service Agreement with Caledonia, with such Releasing

Customer and FSS Service Agreement number being identified in the

applicable Exhibit A Confirmation.

NOW, THEREFORE, for and in consideration of the mutual covenants

and promises herein contained, the Replacement Customer and Caledonia

agree as follows:


Subject to the terms and conditions hereof, and contingent upon

Replacement Customer meeting all the requirements of a Qualified

Customer as defined in the the General Terms and Conditions of

Caledonia’s Gas Tariff, Replacement Customer may bid from time to time

on proposed capacity releases under Rate Schedule FSS pursuant to the

procedures set forth in Section 5 of Caledonia’s General Terms and

Conditions. If at any time a bid submitted by Replacement Customer is

accepted by Caledonia with respect to a given capacity release, such

bid and acceptance will be deemed a binding agreement as of the time

of such acceptance, the Replacement Customer shall be considered for

all purposes as the Customer with respect to the released service, and

the Parties will promptly finalize the appropriate Exhibit A

Confirmation to this Capacity Release Umbrella Agreement, in

substantially the format attached hereto. The Parties agree that each

such Exhibit A Confirmation is an integral part of this Capacity

Release Umbrella Agreement and the terms thereof are incorporated


Upon the finalization of an Exhibit A Confirmation, subject to

the terms and conditions hereof and of Caledonia’s Gas Tariff and Rate

Schedule FSS, Caledonia agrees to provide the released service for

Replacement Customer, provided, however, the Replacement Customer met

all requirements to be a Qualified Customer at the time it submitted

the bid Caledonia accepted with respect to such release.

Replacement Customer agrees to promptly provide any information

necessary for Caledonia to reevaluate Caledonia’s credit appraisal as

contemplated by Section 3 of Caledonia’s General Terms and Conditions

and to advise Caledonia of any material change in the information

previously provided by the Replacement Customer to Caledonia.