| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 0 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 0 |
| First Revised Volume No. 1 |
FERC GAS TARIFF
First Revised Volume No. 1
of
Blue Lake Gas Storage Company
Filed With
FEDERAL ENERGY REGULATORY COMMISSION
Communications Covering This Tariff Should
Be Addressed To:
Robert D. Jackson
Director, Rates and Regulatory Affairs
Blue Lake Gas Storage Company
717 Texas Street
Houston, Texas 77002-2761
(832) 320-5487 (Phone)
(832) 320-6487 (Fax)
| Bluelake Gas Storage Company |
|
Fifth Revised Sheet No. 1 : Effective |
| FERC Gas Tariff | | Fourth Revised Sheet No. 1 |
| First Revised Volume No. 1 |
TABLE OF CONTENTS
Description Sheet No.
----------------------------------------------- ---------
Preliminary Statement........................................ 2
Statement of Rates........................................... 5
Rate Schedules and Forms of Service Agreement
Firm Storage Service (FS)
Rate Schedule FS........................................ 9
Form of Service Agreement FS............................ 25
Interruptible Storage Service (IS)
Rate Schedule IS........................................ 44
Form of Service Agreement IS............................ 52
Merchant Sales (MS)
Rate Schedule MS........................................ 57
General Terms and Conditions
1. Definitions......................................... 124
2. Requests for Storage Service........................ 126A
3. Storage Service..................................... 132
4. Nominations, Scheduling and Allocation.............. 132
5. Pressure at Point of Injection/
Withdrawal........................................ 135
6. Measurement and Measurement Equipment............... 135
7. Quality............................................. 140A
8. Billing and Payment................................. 142
9. Force Majeure....................................... 144
10. Priority of Service Requests and Service Agreements. 146
11. Miscellaneous....................................... 149
12. Facilities.......................................... 153
13. Billing Adjustment for Liquids Revenues............. 153
14. Internet Website.................................... 154
15. Responsibility for Associated Transportation........ 155
16. Title Transfers of Gas in Storage................... 155
17. Operational Flow Order.("OFO")....................... 155A
18. Billing Adjustment for Rate Schedule IS Withdrawal
Penalty........................................... 155E
Storage Service Request Form................................. 156
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 2 : Effective |
| FERC Gas Tariff | | Original Sheet No. 2 |
| First Revised Volume No. 1 |
PRELIMINARY STATEMENT
This First Revised Volume No. 1 of the FERC Gas Tariff ("Tariff") of
Blue Lake Gas Storage Company (Blue Lake) contains the Rates and
Charges, Rate Schedules, Forms of Service Agreement and the General
Terms and Conditions applicable to Storage Service performed by Blue
Lake pursuant to the FS and IS Rate Schedules.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 2A : Effective |
| FERC Gas Tariff | | Original Sheet No. 2A |
| First Revised Volume No. 1 |
Reserved for System Map
Sheet Index Table
RS92- 93-001
Original Sheet Nos. 3-4 : Effective
Reserved for future use.
| Bluelake Gas Storage Company |
|
Sheet Nos. 3 - 4 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
Reserved for future use.
| Bluelake Gas Storage Company |
|
Thirteenth Revised Sheet No. 5
Fourteenth Revised : Effective |
| FERC Gas Tariff | | Thirteenth Revised Sheet No. 5 |
| First Revised Volume No. 1 |
STATEMENT OF RATES FOR STORAGE OF NATURAL GAS
RATE SCHEDULE FS Maximum Minimum
---------------- Rate per Dth Rate per Dth
------------ ------------
1. Reservation Rate
a. Deliverability - Monthly $ 1.8027 $ 0
b. Capacity - Monthly $ 0.02575 $ 0
c. Deliverability - Daily (3)(4) $ 0.05927 $ 0
d. Capacity - Daily (3)(4) $ 0.00085 $ 0
2. Injection/Withdrawal
Commodity Rate $ 0.0099 $ 0.0099
3. Overrun Service Rate (1) $ 0.0870 $ 0.0198
RATE SCHEDULE IS Maximum Minimum
---------------- Rate per Dth Rate per Dth
------------ ------------
1. Commodity Rate $ 0.0870 $ 0.0198
SURCHARGE APPLICABLE TO
FS AND IS SERVICE (2) Maximum Minimum
------------------------ Rate per Dth Rate per Dth
------------ ------------
1. ACA $ 0.0019 $ 0.0019
Rate Schedules FS and IS
--------------------------
Seller's Injection Use 1.3 %
Seller's Withdrawal Use 0.6 %
(1) See Section 4.2 of Rate Schedule FS for definition.
(2) See Section 5 of Rate Schedules FS and IS for applicability.
(3) Rates applicable for Volumetric Rate Capacity Release.
(4) See Section 1.8 of the General Terms and Conditions of this Tariff.
| Bluelake Gas Storage Company |
|
Sheet Nos. 6 - 8 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
Reserved for future use.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 9 : Effective |
| FERC Gas Tariff | | Original Sheet No. 9 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
1. AVAILABILITY
This Rate Schedule is available to any person, corporation,
partnership or any other party (hereinafter referred to as
"Customer") for the purchase of natural gas Storage Service from
Blue Lake Gas Storage Company (hereinafter referred to as "Seller"),
when:
(a) Seller has determined that it has sufficient available and
uncommitted Storage capacity or capacity released in
accordance with Section 8 of this Rate Schedule FS to perform
service requested by Customer; and
(b) Customer and Seller have executed a Service Agreement under
this Rate Schedule.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all Storage Service which is
rendered by Seller for Customer pursuant to an executed Agreement
under this Rate Schedule.
Storage Service rendered by Seller under this Rate Schedule shall
consist of:
(a) The receipt during the Summer Period of Gas on behalf of
Customer at the Point of Injection/Withdrawal at daily
quantities up to the Maximum Daily Injection Quantity plus
Sellers Injection Use;
(b) The Storage of Gas in quantities not to exceed the Maximum
Storage Quantity, except as provided for in Section 6 of this
Rate Schedule; and
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 10 : Effective |
| FERC Gas Tariff | | Original Sheet No. 10 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
(c) The Tender during the Winter Period of Gas for redelivery by
Seller to or for the account of Customer at the Point of
Injection/Withdrawal at a quantity not to exceed Customers
Working Storage Gas at daily quantities up to the Maximum Daily
Withdrawal Quantity reduced by Sellers Withdrawal Use.
(d) The receipt of Gas on behalf of Customer and redelivery of Gas
for the account of Customer in excess of its applicable Maximum
Daily Injection Quantity and Maximum Daily Withdrawal Quantity
on a best efforts basis by Seller when required to allow
Customer full utilization of its Maximum Storage Quantity.
(e) Storage Service under this Rate Schedule shall be firm up to
the Maximum Storage Quantity and shall be firm during the
Winter Period, up to the Maximum Daily Withdrawal Quantity on
any Day during the Winter Period and shall be firm during the
Summer Period up to the Maximum Daily Injection Quantity on any
Day during the Summer Period. The Maximum Storage Quantity,
the Maximum Daily Injection Quantity and the Storage Demand
Withdrawal Quantity shall be specified in the executed
Agreement. Notwithstanding the foregoing, Customer shall be
permitted to inject or withdraw Gas on a best efforts basis,
out-of-season, pursuant to Section 7 of this Rate Schedule FS.
3. GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of this Tariff are applicable to
this Rate Schedule, and are specifically incorporated herein by
reference.
4. RATES AND CHARGES
The amounts which shall be paid by Customer to Seller for each Month
during the period of service hereunder shall include the sum of the
charges due under the subsections of this Section 4 and charges under
Section 5, below, that are applicable to Customer for such Month,
computed by use of the applicable rates set forth on Sheet No. 5 of
this Tariff which are effective during such Month or portions
thereof.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 11 : Effective |
| FERC Gas Tariff | | Original Sheet No. 11 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
Each total rate computed for a specific transaction shall be
rounded to the nearest one tenth of a cent. If, at initiation of
service, service is provided for only a portion of a Month, any
applicable reservation fee shall be prorated for the number of Days
that service is provided.
4.1 Storage Charges:
(a) Reservation Charges:
(1) The FS Deliverability Reservation Rate shall be
paid each Month for each Dekatherm of Customers
Storage Demand Withdrawal Quantity.
(2) The FS Capacity Reservation Rate shall be paid
each Month for each Dekatherm of Customers
Maximum Storage Quantity.
(3) If, due to Sellers scheduling of necessary
maintenance of pipeline facilities, necessary
maintenance of compression facilities and/or
facility outages for tie-in of new facilities,
Seller fails to Tender for redelivery or accept
for Storage injection at the Point of
Injection/Withdrawal for the account of Customer
during any Day the quantity of Gas that Customer
has so nominated for such Day up to a Customers
Maximum Daily Injection Quantity or Maximum Daily
Withdrawal Quantity, as applicable, then subject
to the provisions of the General Terms and
Conditions of this Tariff, Customers Monthly bill
shall be reduced by an amount equal to the product
of (a):
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 12 : Effective |
| FERC Gas Tariff | | Original Sheet No. 12 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
A x B x 12 + D X 12
----------
C
Where: A = Deliverability Rate
B = Storage Demand Withdrawal Quantity
C = Maximum Storage Quantity
D = Capacity Charge
and (b): the difference between such quantity
of Gas nominated for injection or withdrawal up
to the Maximum Daily Injection Quantity or
Maximum Daily Withdrawal Quantity, as
applicable, and the applicable quantity
actually injected or withdrawn by Seller for
the account of Customer during such Day. Such
reductions of Sellers Reservation Charges
shall not be applicable if Seller and Customer
agree upon and place into effect the make-up of
such injection deficiency during the balance of
the Summer Period.
(b) Commodity Charge: The Injection/Withdrawal Commodity
Rate shall be paid each Month for Each Dekatherm Of
Gas Which Is Delivered to or for the account of
Customer and Each Dekatherm of Gas Customer delivers
or causes to be delivered at the Point of
Injection/Withdrawal during the Month. Such charges
shall be applicable both on injection and on
withdrawal.
4.2 Overrun Service Charge: An overrun rate shall be paid for
each Dekatherm of service provided on behalf of Customer
pursuant to Section 6, below. As set forth on Sheet No. 5
of this Tariff, the Overrun Service Charge shall consist of
the Overrun Service Rate for each Dekatherm of the Average
Monthly Storage Volume which is stored for or on behalf of
Customer during the Month greater than the Customers
Maximum Storage Quantity.
4.3 Sellers Use Charge: Customer shall furnish the Gas for
Sellers Injection Use and Sellers Withdrawal Use in the
Storage Service as set forth on Sheet No. 5 of this Tariff.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 13 : Effective |
| FERC Gas Tariff | | Original Sheet No. 13 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
4.4 Annual Charges Clause Adjustment (ACA): Seller shall collect
the ACA charge from Customer for all Gas stored hereunder, as
authorized by the Commissions Orders, so that Seller may recoup
the annual charges assessed by the Commission for the previous
fiscal year in accordance with its final Order No. 472, issued
May 29, 1987, and Order No. 472-B, issued September 16, 1987 at
Docket No. RM87-3 or any superseding Commission Order. The
currently effective rate for such charge shall be stated on
Sheet No. 5 of this Tariff. Any subsequent changes in such
assessment charge shall be filed by Seller at least thirty (30)
Days prior to the proposed effective date unless, for good cause
shown, lesser periods are allowed by valid Commission Order.
4.5 Rate Changes: Subject to the provisions of the Agreement
agreed to by Customer and Seller, Seller may from time to time
and at any time selectively adjust any or all of the rates
charged to any individual Customer for which a Maximum Rate
and Minimum Rate are stated on Sheet No. 5 of this Tariff or a
superseding Tariff; provided, however, that such adjusted
rate(s) shall not exceed the applicable Maximum Rate(s), nor
shall they be less than the Minimum Rate(s), set forth on such
sheet. Seller shall have the right to charge the Maximum Rate
at any time as a condition for new service or for continuation
of service under an existing Agreement unless agreed to
otherwise between Seller and Customer. Whenever Seller
adjusts the rate to be charged to a Customer pursuant to this
Section 4.5, notice thereof shall be given to Customer not
less than seventy-two (72) hours prior to the effective date
of such adjustment.
5. ADDITIONAL CHARGES
5.1 Commission and Other Regulatory Fees: Customer shall reimburse
Seller for all fees required by the Commission or any other
regulatory body which are related to service provided under
this Rate Schedule including, but not limited to, filing,
reporting and application fees.
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 14 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 14 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
5.2 Other Charges: Customer shall pay any other charges applicable
to service hereunder authorized by the Commission or any other
successor agency having jurisdiction.
6. STORAGE OVERRUN SERVICE
Customer may request Seller to provide Storage Service under this
Rate Schedule for quantities of Gas in excess of Customers Maximum
Storage Quantity. Service requested under this section must be
nominated separately as "overrun" by Customer. Seller may provide
such Overrun Service on an interruptible basis if, in Sellers
judgment, it can provide the service without adverse effect on
Sellers operations or on Sellers ability to meet higher priority
obligations. Customer shall pay the Overrun Service Charge pursuant
to Section 4.2 of this Rate Schedule FS for such overrun Storage
Service.
7. OUT-OF-SEASON INJECTIONS AND WITHDRAWALS
7.1 INJECTIONS OF GAS DURING THE WINTER PERIOD. Seller will use
its best efforts to satisfy any requests by Customer to inject
Gas into Storage during the Winter Period. Such injections
will be provided on an interruptible basis and Customer will be
charged the Injection Commodity Rate and the Sellers Injection
Use, per Sheet No. 5 of this Tariff, for such service.
7.2 WITHDRAWALS OF GAS DURING THE SUMMER PERIOD. Seller will use
its best efforts to satisfy any request by Customer to withdraw
Gas from Storage during the Summer Period, up to the Customers
Working Storage Gas balance reduced by Sellers Withdrawal Use.
Such withdrawals will be provided on an interruptible basis and
Customer will be charged the Withdrawal Commodity Rate and the
Sellers Withdrawal Use, per Sheet No. 5 of this Tariff, for
such service.
| Bluelake Gas Storage Company |
|
Fifth Revised Sheet No. 15 : Effective |
| FERC Gas Tariff | | Fourth Revised Sheet No. 15 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
8. CAPACITY RELEASE
Any Customer or Replacement Customer under Rate Schedule FS shall be entitled to
release all or a portion of its capacity to Seller or resale. Additionally, Customer
may release its capacity on a volumetric basis. Any Customer or Replacement Customer
releasing capacity will be designated a Releasing Customer. Any person purchasing
released capacity shall be designated a Replacement Customer. Any Customer that wants
to release capacity must notify Seller that it wants to release capacity and the terms
and conditions of such release.
8.1(a) PROCEDURE FOR MAKING OFFER TO RELEASE. Releasing Customer shall communicate
its release notice through Seller's Internet Site. The Releasing Customer
shall submit the following information, objectively stated and applicable to
all potential Customers on a non-discriminatory basis:
(1) the pricing provisions of the offer to release (releases longer than
one (1) year are subject to the limits of Seller's Maximum Rate) and
whether bids should be denominated in dollars and cents or as a
percentage of Maximum Tariff Rate; any Maximum/Minimum Rates
specified by the releasing shipper should include the Tariff
Reservation Rate and all demand surcharges as a total number or as
stated separately;
If the release is for a term of one (1) year or less and is to take
effect on or before one (1) year from the date on which the Seller
is notified of the release, the Deliverability Rate, Capacity Rate,
volumetric rate or percentage of the maximum tariff rate for
capacity released and assigned may exceed the maximum
Deliverability Rate, maximum Capacity Rate or volumetric rate for
the service being released.
Payments or other consideration exchanged between the Releasing
Customer and Replacement Customer in a release to an asset manager
as described in Subsection 8.1(f) are not subject to the maximum
rate.
(2) the specific quantity to be released expressed in Dth; the basis for
released quantity should be per Day for Storage Injection/Withdrawal,
and a per-release quantity for Storage capacity and total release
period quantity;
(3) the duration of release or term including any right to recall;
| Bluelake Gas Storage Company |
|
Fifth Revised Sheet No. 15A : Effective |
| FERC Gas Tariff | | Fourth Revised Sheet No. 15A |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
(4) The terms and conditions of any recall rights. Releasing Customers may,
to the extent permitted as a condition of the capacity release, recall
released capacity by providing notice to the Seller in accordance with
the time line set forth below. The recall notification shall show the
recall quantity expressed in terms of adjusted total released capacity
entitlements based upon the Elapsed Prorata Capacity. Recalled capacity
notices will indicate whether penalties will apply for the gas day for
which quantities are reduced due to a capacity recall. Seller will
support the ability for the Releasing Shipper to specify, as a condition
of a release, whether the Releasing Shippers recall notification must
be provided exclusively on a Business Day. When capacity is recalled,
it may not be reput for the same gas day. The deadline for notifying
Seller of a reput is 8:00 a.m. to allow for the timely nominations to
flow on the next gas day.
(i) Timely Recall Notification
(a) A Releasing Customer recalling capacity should provide
notice of such recall to the Seller and the first
Replacement Customer no later than 8:00 a.m. on the Day
that Timely Nominations are due;
(b) The Seller should provide notification of such recall to
all affected Replacement Customers no later than 9:00
a.m. on the Day that Timely Nominations are due (Central
Clock Time);
(ii) Early Evening Recall Notifications:
(a) A Releasing Customer recalling capacity should provide
notice of such recall to the Seller and the first
Replacement Customer no later than 3:00 p.m. on the Day
that Evening Nominations are due;
(b) The Seller should provide notification of such recall to
all affected Replacement Customers no later than 4:00 p.m.
on the Day that Evening Nominations are due (Central Clock
Time);
(iii) Evening Recall Notifications:
(a) A Releasing Customer recalling capacity should provide
notice of such recall to the Seller and the first
Replacement Customer no later than 5:00 p.m. on the Day
that Evening Nominations are due;
(b) The Seller should provide notification of such recall to
all affected Replacement Customers no later than 6:00
p.m. on the Day that Evening Nominations are due (Central
Clock Time);
(iv) Intraday 1 Recall Notifications:
(a) A Releasing Customer recalling capacity should provide
notice of such recall to the Seller and the first
Replacement Customer no later than 7:00 a.m. on the Day
that Intraday 1 Nominations are due;
(b) The Seller should provide notification of such recall to
all affected Replacement Customers no later than 8:00 a.m.
on the Day that Intraday 1 Nominations are due (Central
Clock Time); and
| Bluelake Gas Storage Company |
|
Third Revised Sheet No. 15A.01 : Effective |
| FERC Gas Tariff | | Second Revised Sheet No. 15A.01 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
(v)Intraday 2 Recall Notifications:
(a) A Releasing Customer recalling capacity should provide notice of such
recall to the Seller and the first Replacement Customer no later than
2:30 p.m. on the Day that Intraday 2 Nominations are due;
(b) The Seller should provide notification of such recall to all affected
Replacement Customers no later than 3:30 p.m. on the Day that
Intraday 2 Nominations are due (Central Clock Time).
For recall notification provided to the Seller prior to the recall
notification deadline specified above and received between 7:00 a.m. and
5:00 p.m., the Seller should provide notification to all affected
Replacement Customers no later than one hour after receipt of such recall
notification. For recall notification provided to the Seller after 5:00
p.m. and prior to 7:00 a.m., the Seller should provide notification to
all affected Replacement Customers no later than 8:00 a.m. after receipt
of such recall notification (Central Clock Time). Releasing Customer may
only recall such released capacity that Replacement Customer has not
filled. The Releasing Customer shall make such recall by notifying
Seller in writing of such recall and by submitting a nomination change to
Seller, pursuant to Section 4.1 of the General Terms and Conditions of
this Tariff;
In the event of an intra-day capacity recall, Seller will determine the
allocation of capacity between the Releasing Shipper and the Replacement
Shipper(s) based upon the Elapsed Prorata Capacity. Variations to the
use of Elapsed Prorata Capacity may be necessary to reflect the nature of
Seller's Tariff, services, and/or operational characteristics.
Seller will not be obligated to deliver in excess of the total daily
contract quantity of the release as a result of NAESB WGQ Standard No.
5.3.55.
The amount of capacity allocated to the Replacement Shipper(s) should
equal the original released capacity less the recalled capacity that is
adjusted based upon the Elapsed Prorata Capacity or other Seller Tariff
specific variations of the Elapsed Prorata Capacity in accordance with
NAESB WGQ Standard No. 5.3.56.
(5) whether the release is on a permanent or temporary basis;
(6) the length of time the offer to release should be posted for bidding on
Seller's Internet Site;
(7) whether there are any reput rights;
(8) and any other conditions or contingencies of the offer to release,
including nondiscriminatory provisions necessary to evaluate bids; and
the tie breaking criteria, provided, however, that bid evaluations will
be limited to highest rate, net revenue and present value;
(9) the legal name of the Replacement Customer that is designated in any
Pre-arranged Release ("Designated Replacement Customer"); and
(10) the bid evaluation method; and
(11) Volumetric Release - any minimum volumetric commitment.
(12) An indication of whether the pre-arranged capacity release is to an
asset manager as described in Subsection 8.1(f), and the asset
manager's obligation as to volumetric level and effective time
period(s) to deliver gas to, or purchase gas from the Releasing
Customer.
| Bluelake Gas Storage Company |
|
Fifth Revised Sheet No. 15B : Effective |
| FERC Gas Tariff | | Fourth Revised Sheet No. 15B |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
(13) An indication of whether the pre-arranged capacity release is to a
marketer participating in a state-regulated retail access program as
described in Subsection 8.1(f).
(b) Seller's creditworthiness standards shall apply to any potential Replacement
Customer and Releasing Customer shall not establish its own creditworthiness
standards for bidding customer.
(c) Releasing Customer may withdraw any existing offer to release, if a valid bid has
not been received. Releasing Customer shall be subject to the provisions of
Section 9 of this Rate Schedule prior to the commencement of the Agreement with
Replacement Customer. Releasing Customer may withdraw its offer to release any
time prior to the close of the bidding period via the Internet Site or EDM, where
unanticipated circumstances justify such withdrawal of when no bid has been
received which meets the Releasing Customer's minimum conditions. Releasing
Customer shall have the option to accept contingent bids which extend beyond the
close of the bidding periods. Releasing Customer cannot extend the original bid
period or the pre-arranged deal Matching Period without posting a new release.
Rerelease of Released Capacity shall be allowed on the same terms and basis as the
primary release (except for volumetric releases which may not be rereleased).
(d) CAPACITY RELEASE TIMELINE. The Capacity Release Timeline is applicable to all
parties of the Capacity Release process; however it is only applicable if: (1) all
information provided by parties to the transaction is valid and Replacement
Customer has been determined to be credit worthy before the capacity release bid
is tendered and (2) release contains no special terms or Conditions of the
release.
(i) For biddable releases (less than 1 year):
(1) offers should be tendered by 12:00 p.m. on a Business Day;
(2) open season ends no later than 1:00 p.m. on a Business Day (evaluation
period begins at 1:00 p.m. during which contingency is eliminated,
determination of best bid is made, and ties are broken);
(3) evaluation period ends and award posting if no match required at 2:00
p.m.;
(4) match or award is communicated by 2:00 p.m.;
(5) match response by 2:30 p.m.;
(6) where match required, award posting by 3:00 p.m.;
(7) contract issued within one hour of award posting (with a new contract
number, when applicable); nomination possible beginning at the next
available nomination cycle for the effective date of the contract.
(Central Clock Time)
(ii)For biddable releases (1 year or more):
(1) offers should be tendered by 12:00 p.m. four Business Days before award;
(2) open season ends no later than 1:00 p.m. on the Business Day before
timely nominations are due (open season is three Business Days);
(3) evaluation period begins at 1:00 p.m. during which contingency is
eliminated, determination of best bid is made, and ties are broken;
(4) evaluation period ends and award posting if no match required at 2:00
p.m.;
(5) match or award is communicated by 2:00 p.m.;
(6) match response by 2:30 p.m.;
(7) where match required, award posting by 3:00 p.m.;
(8) contract issued within one hour of award posting (with a new contract
number, when applicable); nomination possible beginning at the next
available nomination cycle for the effective date of the contract.
(Central Clock Time)
| Bluelake Gas Storage Company |
|
Sixth Revised Sheet No. 15C : Effective |
| FERC Gas Tariff | | Fifth Revised Sheet No. 15C |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
(iii) For non-biddable releases:
Timely Cycle
Posting of prearranged deals not subject to bid are due by
10:30 a.m.
Evening Cycle
Posting of prearranged deals not subject to bid are due by
5:00 p.m.
Intraday 1 Cycle
Posting of prearranged deals not subject to bid are due by
9:00 a.m.
Intraday 2 Cycle
Posting of prearranged deals not subject to bid are due
by 4:00 p.m.
For each cycle, contracts will be issued within one hour of
award posting (with a new contract number, when applicable);
nomination possible beginning at the next available nomination
cycle for the effective date of the contract. (Central Clock
Time)
(e) COMPETITIVE BIDDING PROCEDURE. Bids may be submitted by potential
Replacement Customers via the Internet Site during the posting period.
Seller shall post the terms of each complete bid, but will not post the
identity of the bidder. Posted bids will be accessible via EDM. Seller
will also require all information set forth in Section 2 of the General
Terms and Conditions of this Tariff. Potential Replacement Customers
bids for capacity release transactions longer than one (1) year may not
exceed the Maximum Rates as stated on Sheet No. 5 of this Tariff. Upon
expiration of the offer, Seller shall remove such offer of release from
its Internet Site.
Potential Replacement Customers may withdraw their posted bids at any
time during the bidding period via the Internet Site or EDM. Potential
Replacement Customers cannot withdraw bids after the bidding period
ends. Such potential Replacement Customers may not post another bid for
the same capacity lower than their previous bid.
Seller will post offers and bids, including prearranged deals, upon
receipt. A Releasing Customer may request a later posting time for
posting of such offer, and Seller will support such request insofar
as it comports with the standard Capacity Release timeline specified
in Section 8.1(d), above.
| Bluelake Gas Storage Company |
|
Sixth Revised Sheet No. 16 : Effective |
| FERC Gas Tariff | | Fifth Revised Sheet No. 16 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
(f) PRE-ARRANGED RELEASE
(i) Releasing Customer shall have the right to release capacity to a Pre-
arranged Replacement Customer without posting an offer on the Internet
Site if:
(1) the Replacement Customer confirms via the Internet Site the terms
and conditions of the Pre-arranged Release.
(2) the release is either at Maximum Rates, for releases longer than
one (1) year and meets all other terms and conditions of the
release, or
(3) the release is less than 31 Days, or
(4) the release to an asset manager that contains a condition that the
Releasing Customer may call upon the Replacement Customer to deliver
to, or purchase from, the Releasing Customer a volume of gas up to 100
percent of the daily contract demand of the released storage capacity,
provided that, the asset manager's delivery or purchase obligation need
only be up to 100 percent of the daily contract demand under the
release for storage withdrawals or injections, or
(5) the release to a marketer participating in a state-regulated retail
access program that will be utilized by the Replacement Customer to
provide the gas supply requirement of retail consumers pursuant to a
retail access program approved by the state agency with jurisdiction
over the local distribution company that provides delivery service to
such retail consumers.
| Bluelake Gas Storage Company |
|
Fourth Revised Sheet No. 17 : Effective |
| FERC Gas Tariff | | Third Revised Sheet No. 17 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
If Releasing Customer exercises such right, it must notify
Seller prior to the nomination of the released
entitlements, and the Replacement Customer shall adhere to
the contracting requirements. Seller will post the
information on the Internet Site pursuant to the time line
set fourth in Section 8.1 (d)(iii), above. The
Replacement Customer shall meet any eligibility
requirements under this Section 8. Pre-arranged
Replacement Customer nominations possible at the earliest
nomination opportunity at the time Seller receives
notification of release. Seller shall issue contract
within one hour of the notification of the release.
(ii) Matching Rights. A Pre-arranged Replacement Customer
shall have the right of first refusal for a time period
as negotiated by the Releasing Customer and the Pre-
arranged Replacement Customer ("Matching Period"). If
no Matching Period has been negotiated, the Matching
Period will be deemed to be one (1) hour following the
time the Pre-arranged Replacement Customer has been
notified of the winning bid. In the event a bid is
received that more closely meets the criteria specified
by the Releasing Customer, Seller shall provide the Pre-
arranged Replacement Customer an opportunity during the
Matching Period to match or exceed the bid that more
closely meets the criteria specified by the Releasing
Customer. No later than 2:00 p.m. Central Clock Time,
the Pre-arranged Replacement Customer shall receive
notification on the Internet Site of the terms and
conditions of the prevailing bid and shall have the
Matching Period to respond via the Internet Site. No
later than 2:30 p.m. Central Clock Time, the Pre-
arranged Replacement Customer shall post on the Internet
Site its match response. Absent a response, the
capacity shall be awarded to the prevailing bidder no
later than 3:00 p.m. Central Clock Time.
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 17A : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 17A |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
(g) Capacity will be awarded no later than 3:00 p.m. Central Clock
Time. The capacity will be awarded to the Replacement Customer
which otherwise satisfies the requirements of this Tariff and
also meets all of the conditions of the offer to release
capacity. In the case of multiple bid winners, the highest
ranking bid will receive the entire maximum amount of capacity
bid. The next highest ranking bidder will receive the
remainder of the offered capacity provided that the amount
remaining is above the bidders minimum acceptable quantity.
Any remaining capacity will be given to the next highest bidder
with the same provisions as above. This process will repeat
until either all of the offered capacity is awarded or the
remaining capacity falls below either the Releasing Customers
minimum quantity or all of the remaining bidders acceptable
quantities. Seller shall not be required to contract with
parties submitting bids that do not meet the conditions of the
offer to release capacity, however, subject to approval of
Releasing Customer, Seller may accept bids offering a price or
term less than that set forth in the release. Bids will be
evaluated by the criteria provided by the Releasing Customer.
If no criteria are provided by the Releasing Customer, bids
will be accepted in the order of priority based upon the
highest economic value offered by the competing bids as defined
in Section 10 of the General Terms and Conditions of this
Tariff. The ultimate awarding of the capacity will be posted
subsequently on Sellers Internet Site by 4:00 p.m. Central
Clock Time, unless bidder was a contingent bidder and the
contingency did not occur. Seller will tender a numbered
Agreement within one hour to the winning bidder, and the
winning bidder shall enter into an Agreement with Seller
pursuant to Section 8.2, below. Seller is required to meet the
Capacity Release Timeline for processing capacity releases only
if the Releasing Customers best bid methodology is either:
(1) highest rate, (2) net revenue, or (3) present value. In
all cases, Replacement Customers will be subject to all
requirements of this Tariff. Storage Service to the
Replacement Customer may commence, prior to the posting of the
winning bid, if capacity has been awarded and a contract
executed.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 17B : Effective |
| FERC Gas Tariff | | Original Sheet No. 17B |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
8.2 EXECUTION OF SERVICE AGREEMENT. Once the provisions of this
Section 8 are satisfied, and as a condition precedent to
receiving service pursuant to a capacity release, Replacement
Customer shall execute a Service Agreement with Seller.
8.3 BILLING ADJUSTMENT. Releasing Customer shall remain fully
obligated under the terms of its Service Agreement with Seller
during any capacity release except for Usage Charges incurred by
any Replacement Customer that has purchased capacity released by
the Releasing Customer. Seller shall credit the invoice of
Releasing Customer each Month for the Deliverability and
Capacity charges and volumetric rates invoiced, by Seller to
Replacement Customer provided, however, that such credit:
(a) shall not include any charges billed to the Replacement
Customer under Section 5 of this Rate Schedule or Rate
Schedule IS, and
(b) shall be reduced by the amount of any marketing fee Seller
is entitled to collect pursuant to Section 8.4, below.
If a Replacement Customer fails to pay all or any part of its
Deliverability and Capacity charges which have been credited to
Releasing Customer within fifteen (15) Days of the due date,
such unpaid amount, with applicable interest accruing from the
date Replacement Customers payment was due, will be charged to
the Releasing Customers next monthly bill and will be due and
payable by Releasing Customer, unless Replacement Customer in
good faith shall dispute the billed charges in
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 18 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 18 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
accordance with the provisions set forth in Section 8.2 of the
General Terms and Conditions of this Tariff. If such failure to
pay continues for thirty (30) Days after payment is due, and the
Replacement Customer has not disputed billings in accordance
with Section 8.2 of the General Terms and Conditions of this
Tariff, then Seller may, in addition to any other remedies it
may have hereunder, terminate its Agreement with the Replacement
Customer, and the Replacement Customer shall be deemed to have
consented to abandonment of service under the Agreement. If the
Agreement with the Replacement Customer is so terminated and
service abandoned, the capacity will revert to the Releasing
Customer, and will be governed by the terms and conditions of
its existing Agreement with Seller. If Releasing Customer pays
delinquent amounts owed by Replacement Customer and Seller
subsequently receives payment from Replacement Customer of some
or all of such amounts, Seller will credit the amounts received
from the Replacement Customer in Sellers next monthly bill to
the Releasing Customer.
8.4 MARKETING FEE. Seller may negotiate with Releasing Customer to
market all or a portion of the released capacity to potential
Replacement Customers who, as a result of such marketing
activity, bid for such capacity during the competitive bidding
procedure. If Seller contracts with a Replacement Customer
found by Seller, Seller shall be entitled to a marketing fee
which will be negotiated between Seller and Releasing Customer,
such marketing fee to be deducted monthly from credits due
Releasing Customer with respect to each Dth of capacity
purchased by the Replacement Customer. Each Replacement
Customer found by Seller shall submit with its bid a statement
attesting to Sellers marketing efforts in connection with such
Replacement Customers decision to purchase released capacity.
Such statement shall constitute conclusive evidence of Sellers
proactive marketing effort entitling Seller to a marketing fee.
8.5 TERM. Any release under this Section 8 for service under Rate
Schedule FS shall be for a maximum term not longer than the
remaining term of the underlying FS Service Agreement. If
capacity is released and the Replacement Customer takes service
under Rate Schedule IS, the minimum term shall be one Month.
| Bluelake Gas Storage Company |
|
Fifth Revised Sheet No. 19 : Effective |
| FERC Gas Tariff | | Fourth Revised Sheet No. 19 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
8.6 VOLUMETRIC RELEASE. Customer may release capacity on a
volumetric basis, provided that:
(a) all requirements and conditions of the release be
specified by the Releasing Customer in the release notice,
including any minimum Storage volume requirement, and
(b) the requirements and conditions specified by Releasing
Customer must meet all of the requirements and conditions
of Seller's Tariff, and
(c) Volumetric Rate For Release must fall below the Maximum
Rates for releases longer than one (1) year as stated on
Sheet No. 5 of this Tariff, and
(d) Seller will bill the Volumetric Rate for Release for
volumes actually injected into Storage by Seller for the
account of Replacement Customer or the minimum Storage
volume requirement if actual injected volumes are less
than the required minimum Storage requirement, and
(e) Replacement Customer shall remain fully responsible for
all Usage Charges incurred.
8.7 Notice of releases made under Section 8.1(f) shall be posted on
Seller's Internet Site not later than the first nomination after
the release transaction commences.
8.8 Prior to the commencement of service pursuant to any release
request, the Replacement Customer shall submit to Seller, in
accordance with Section 2.1 of the General Terms and Conditions
of this Tariff, hereunder, a check in an amount equal to the
lesser of $10,000 or the aggregate reservation charges which
would be due for two Months of released service.
| Bluelake Gas Storage Company |
|
Third Revised Sheet No. 19A : Effective |
| FERC Gas Tariff | | Second Revised Sheet No. 19A |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
8.9 Releases of 31 Days or Less. Releasing Customer shall not re-
release firm entitlements that were previously released
pursuant to Section 8.1(f), above, to the same Replacement
Customer until twenty-eight (28) days after the first release
period has ended. The 28-Day hiatus does not apply to any re-
release to the same Replacement Customer that is posted for
bidding or that qualifies for any of the exemptions from
bidding under Section 8.1(f).
Subsections 8.1(f)(2), 8.1(f)(4) and 8.1(f)(5) releases can be
rolled-over for subsequent periods without bidding.
9. GAS IN STORAGE AFTER TERMINATION OF AGREEMENT
If a Customer which has not renewed its FS Agreement for the next
Storage Contract Year fails to withdraw all of its Working Storage
Gas by the end of the Winter Period of the Contract Year such FS
Agreement terminates, then, at Seller's option, and upon forty-eight
(48) hours notice, Customer will be deemed to have agreed to the
Storage of such remaining Working Storage Gas under Rate Schedule IS
or at Seller's option, Seller may retain any remaining quantities of
Working Storage Gas free and clear of any adverse claims; provided
however, that Seller will notify Customer in writing prior to the
beginning of the Winter Period of the Contract Year in which the term
of its FS Agreement will expire of the quantity of Storage Volumes
being held by Seller for Customer's account and the above options
available to Seller in the event Customer fails to withdraw all of
its Working Storage Gas by the
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 20 : Effective |
| FERC Gas Tariff | | Original Sheet No. 20 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
end of said Winter Period. In the event Seller is unable to
withdraw Customers properly nominated volumes, up to the Customers
Maximum Daily Withdrawal Quantity, on any Day during the last Winter
Period prior to the expiration of the Agreement, then the term of
the Agreement shall be extended by the number of Days Seller is
unable to Tender quantities of Gas for redelivery.
10. DEFINITIONS
10.1 The term "Maximum Daily Injection Quantity" shall mean:
(a) 1/200 of the Maximum Storage Quantity as long as the
Working Storage Gas is equal to or less than seventy
percent (70%) of the Maximum Storage Quantity.
(b) 1/227 of the Maximum Storage Quantity as long as the
Working Storage Gas is greater than seventy percent (70%)
of the Maximum Storage Quantity, but equal to or less
than the eighty-five percent (85%) of the Maximum Storage
Quantity.
(c) 1/263 of the Maximum Storage Quantity as long as the
Working Storage Gas is greater than eighty-five percent
(85%) of the Maximum Storage Quantity.
10.2 The term "Maximum Daily Withdrawal Quantity" shall mean:
(a) 1/70 of the Maximum Storage Quantity as long as
Customers Working Storage Gas is equal to or greater
than twenty percent (20%) of the Maximum Storage
Quantity.
(b) 1/84 of the Maximum Storage Quantity as long as
Customers Working Storage Gas is less than twenty
percent (20%), but equal to or greater than fifteen
percent (15%) of the Maximum Storage Quantity.
(c) 1/105 of the Maximum Storage Quantity as long as
Customers Working Storage Gas is less than fifteen
percent (15%), but equal to or greater than ten percent
(10%) of the Maximum Storage Quantity.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 21 : Effective |
| FERC Gas Tariff | | Original Sheet No. 21 |
| First Revised Volume No. 1 |
RATE SCHEDULE FS
FIRM STORAGE
(Continued)
(d) 1/140 of the Maximum Storage Quantity as long as
Customers Working Storage Gas is less than ten percent
(10%) but equal to or greater than five percent (5%) of
the Maximum Storage Quantity.
(e) 1/210 of the Maximum Storage Quantity as long as
Customers Working Storage Gas is less than five percent
(5%) of the Maximum Storage Quantity.
10.3 The term "Storage Demand Withdrawal Quantity" shall mean one
seventieth (1/70) of the Maximum Storage Quantity.
10.4 The term "Storage Contract Year" shall mean the period from
April 1 of the calendar year through March 31 of the following
calendar year.
10.5 The term "Summer Period" shall mean the period from April 1 of
each calendar year through October 31 of such year.
10.6 The term "Winter Period" shall mean the period from November
1 of each calendar year through March 31 of the following
calendar year.
10.7 The term "Permanent Capacity Release" - shall mean the release
of capacity by the Customer for the remaining term of its
Agreement with Seller. Releasing Customer shall not be liable
for any charges incurred by the Replacement Customer after the
Permanent Capacity Release. Replacement Customer shall be
subject to all terms of this Tariff.
| Bluelake Gas Storage Company |
|
Sheet Nos. 22 - 24 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
Reserved for future use.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 25 : Effective |
| FERC Gas Tariff | | Original Sheet No. 25 |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule FS)
THIS AGREEMENT entered into as of the ____ day of
_____________, 20___, by and between Blue Lake Gas Storage Company,
a Michigan general partnership, hereinafter referred to as
"Seller," and ___________________________, hereinafter referred to
as "Customer."
W I T N E S S E T H
WHEREAS, Customer has requested Seller to store Gas on its
behalf; and
WHEREAS, Seller has sufficient capacity available to provide
the Storage Service for Customer on the terms specified herein;
NOW, THEREFORE, Seller and Customer agree as follows:
ARTICLE I
STORAGE SERVICE
1. Sellers service hereunder shall be subject to receipt of all
requisite regulatory authorizations from the Federal Energy
Regulatory Commission ("Commission"), or any successor
regulatory authority, and any other necessary governmental
authorizations, in a manner and form acceptable to Seller.
2. Subject to the terms and provisions of this Agreement,
Customer may on any Day during the Summer Period deliver or
cause to be delivered to Seller, Gas up to the Maximum Daily
Injection Quantity plus Sellers Injection Use for Storage of
up to the Maximum Storage Quantity and at Customers request
on any Day during the Winter Period Seller agrees to Tender
Equivalent Quantities of Gas to or for the account of
Customer, on a firm basis, up to the Maximum Daily Withdrawal
Quantity, reduced by Sellers Withdrawal Use.
3. Seller may, if requested by Customer, inject or withdraw from
Storage daily quantities in excess of the Maximum Daily
Injection Quantity or Maximum Daily Withdrawal Quantity
specified in Paragraph 2, above, if it can do so without
adverse effect on Sellers operations or its ability to meet
its higher priority obligations.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 26 : Effective |
| FERC Gas Tariff | | Original Sheet No. 26 |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule FS)
(Continued)
4. Seller may, if requested by Customer, accept on a best
efforts basis, quantities of Gas for injection into Storage
during the Winter Period, and Seller may, if requested by
Customer, Tender on a best efforts basis quantities of Gas
for withdrawal from Storage during the Summer Period, up to
the Customers Working Gas Storage Balance reduced by
Sellers Withdrawal Use.
ARTICLE II
POINT OF INJECTION/WITHDRAWAL
1. Customer shall deliver or cause to be delivered Gas hereunder
at the Point of Injection/Withdrawal.
2. Seller shall Tender to or for the account of Customer,
Equivalent Quantities of Gas stored hereunder, at the Point
of Injection/Withdrawal.
ARTICLE III
TERM OF AGREEMENT
1. This Agreement shall be effective as of the date first above
written and shall remain in effect for a primary term
commencing April 1, ____ or from such later date when Seller
shall notify Customer that the Storage facilities of Seller
are completed and ready to accept deliveries for the account
of Customer and ending March 31, ____.
ARTICLE IV
RATE SCHEDULE AND CHARGES
1. Each Month, Customer shall pay Seller for the service
hereunder, an amount determined in accordance with Sellers
Rate Schedule FS and the applicable provisions of the General
Terms and Conditions of Sellers FERC Gas Tariff, First
Revised Volume No. 1 ("Tariff"), as filed with the Commission.
Such Rate Schedule and General Terms and Conditions are
incorporated by reference and made a part hereof. Sections IV
& V of Exhibit A hereto sets forth the applicable information
as follows, which shall be utilized for transactions
hereunder:
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 27 : Effective |
| FERC Gas Tariff | | Original Sheet No. 27 |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule FS)
(Continued)
(a) Rates and Charges
(b) Additional charges which are applicable.
Exhibit A to this Agreement shall specify the Rates and
Charges and Additional charges which are applicable. When the
level of any Additional charges is changed pursuant to
Commission authorization or direction, Seller may unilaterally
effect an amendment to Exhibit A to reflect such change(s) by
so specifying in a written communication to Customer.
2. It is further agreed that Seller may seek authorization from
the Commission and/or other appropriate body for such changes
to any rate(s) and terms and conditions set forth herein, in
Rate Schedule FS or in the General Terms and Conditions of
Sellers Tariff, as may be found necessary to assure Seller
just and reasonable rates. Nothing herein contained shall be
construed to deny Customer any rights it may have under the
Natural Gas Act, as amended, including the right to
participate fully in rate proceedings by intervention or
otherwise to contest Sellers filing in whole or in part.
3. Further Agreement:
(Write None or specify the agreement).
ARTICLE V
NOTICE
1. Except as may be otherwise provided, any notice, request,
demand, statement or bill provided for in this Agreement or
any notice which a party may desire to give the other shall be
in writing and mailed by regular mail, effective as of the
postmark date, to the post office address of the party
intended to receive the same, as the case may be, as follows:
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 28 : Effective |
| FERC Gas Tariff | | Original Sheet No. 28 |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule FS)
(Continued)
Seller: Blue Lake Gas Storage Company
717 Texas Street
Houston, Texas 77002-2761
Attention: Transportation Services
Customer: _______________________________________
_______________________________________
_______________________________________
_______________________________________
ARTICLE VI
INCORPORATION BY REFERENCE
The provisions of Rate Schedule FS and the General Terms and
Conditions of Sellers Tariff are specifically incorporated herein by
reference and made a part hereof.
ARTICLE VII
MISCELLANEOUS
1. This Agreement supersedes and cancels the following contract
between the parties hereto effective _____________________:
2. Replacement Customer.
[If Customer is a Replacement Customer, state identity of
Releasing Customer and Contract Number under which capacity is
released. The offer of release issued by the Releasing Customer
is incorporated herein by reference.]
| Bluelake Gas Storage Company |
|
Original Sheet No. 29 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule FS)
(Continued)
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed by their respective Officers or
Representatives thereunto duly authorized.
Blue Lake Gas Storage Company
By _________________________
Its ________________________
____________________________
(Customer)
By __________________________
Its _________________________
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 30 : Effective |
| FERC Gas Tariff | | Original Sheet No. 30 |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule FS)
(Continued)
EXHIBIT "A"
to
Agreement between
Blue Lake Gas Storage Company (Seller)
and
__________________________ (Customer)
Dated _______________________
I. MAXIMUM DAILY INJECTION QUANTITY (Dth)
II. STORAGE DEMAND WITHDRAWAL QUANTITY (Dth)
III. MAXIMUM STORAGE QUANTITY (Dth)
IV. RATES AND CHARGES - Maximum Rates as set forth on Sheet No. 5 of
Sellers Tariff unless otherwise agreed to.
V. ADDITIONAL CHARGES - pursuant to Section 5 of Rate Schedule FS.
| Bluelake Gas Storage Company |
|
Sheet Nos. 31 - 43 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
Reserved for future use.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 44 : Effective |
| FERC Gas Tariff | | Original Sheet No. 44 |
| First Revised Volume No. 1 |
RATE SCHEDULE IS
INTERRUPTIBLE STORAGE
1. AVAILABILITY
This Rate Schedule is available to any person, corporation,
partnership or any other party (hereinafter referred to as
"Customer") for the purchase of natural gas Storage Service
from Blue Lake Gas Storage Company (hereinafter referred to as
"Seller"), when Customer and Seller have executed a Service
Agreement under this Rate Schedule.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all Storage Service which is
rendered by Seller for Customer pursuant to an executed
Agreement under this Rate Schedule.
Storage Service rendered by Seller under this Rate Schedule
shall consist of:
(a) The receipt of Gas on behalf of Customer at the Point of
Injection/Withdrawal up to the Maximum Storage Quantity
plus Sellers Injection Use at daily quantities up to the
Maximum Daily Injection Quantity plus Sellers Injection
Use;
(b) The Storage of Gas in quantities not to exceed the
Maximum Storage Quantity; and
(c) The Tender of Gas to or for the account of Customer at
the Point of Injection/Withdrawal at a quantity not to
exceed Customers Working Storage Gas reduced by Sellers
Withdrawal Use at daily quantities up to the Maximum
Daily Withdrawal Quantity reduced by Sellers Withdrawal
Use.
Storage Service rendered under this Rate Schedule shall be
interruptible, and shall be available only when capacity is not
being used for injection, Storage and withdrawal of higher
priority services. Such interruptible service shall be offered
in accordance with the provisions established in the General
Terms and Conditions of this Tariff.
Seller may, if Storage capacity is required by Customers having
a higher priority, require Customer to withdraw quantities held
in Storage by Seller for or on behalf of Customer under Rate
Schedule IS within forty-five (45) Days of the date notice is
provided to Customer by Seller.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 45 : Effective |
| FERC Gas Tariff | | Original Sheet No. 45 |
| First Revised Volume No. 1 |
RATE SCHEDULE IS
INTERRUPTIBLE STORAGE
(Continued)
3. GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of this Tariff are applicable
to this Rate Schedule and are specifically incorporated herein
by reference.
4. RATES AND CHARGES
The amounts which shall be paid by Customer to Seller for each
Month during the period of service hereunder shall include the
sum of the amounts due under the subsections of this Section 4
and charges under Section 5, below, that are applicable to
Customer for such Month, computed by use of the applicable rates
set forth on Sheet No. 5 of this Tariff which are effective
during such Month or portions thereof.
Each total rate computed for a specific transaction shall be
rounded to the nearest one tenth of a cent.
4.1 Interruptible Service Commodity Charge: A Storage
Commodity Rate shall be paid for each Dekatherm of the
Average Monthly Storage Volume which is stored for or on
behalf of Customer during the Month.
4.2 Sellers Use Charge: Customer shall furnish the Gas for
Sellers Injection Use and Sellers Withdrawal Use in the
Storage Service as set forth on Sheet No. 5 of this Tariff.
4.3 Annual Charges Clause Adjustment (ACA): Seller shall
collect the ACA charge from Customer for all Gas stored
hereunder, as authorized by the Commissions Orders, so
that Seller may recoup the annual charges assessed by the
Commission for the previous fiscal year in accordance with
its final Order No. 472, issued May 29, 1987, and Order No.
472-B, issued September 16, 1987 at Docket No. RM87-3 or
any superseding Commission Order. The currently effective
rate for such charge shall be stated on Sheet No. 5 of this
Tariff. Any subsequent changes in such assessment charge
shall be filed by Seller at least thirty (30) Days prior to
the proposed effective date unless, for good cause shown,
lesser periods are allowed by valid Commission Order.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 46 : Effective |
| FERC Gas Tariff | | Original Sheet No. 46 |
| First Revised Volume No. 1 |
RATE SCHEDULE IS
INTERRUPTIBLE STORAGE
(Continued)
4.4 Rate Changes: Subject to the provisions of the Agreement
agreed to by Customer and Seller, Seller may from time to time
and at any time selectively adjust any or all of the rates
charged to any individual Customer for which a Maximum Rate
and Minimum Rate are stated on Sheet No. 5 of this Tariff or a
superseding Tariff; provided, however, that such adjusted
rate(s) shall not exceed the applicable Maximum Rate(s), nor
shall they be less than the Minimum Rate(s), set forth on such
sheet. Seller shall have the right to charge the Maximum Rate
at any time as a condition for new service or for continuation
of service under an existing Agreement. Seller shall make all
information filings required by the Commissions regulations
with respect to any charges at less than the Maximum Rate.
Whenever Seller adjusts the rate to be charged to a Customer
pursuant to this Section 4.4, notice thereof shall be given to
Customer not less than seventy-two (72) hours prior to the
effective date of such adjustment.
4.5 Overrun Service Charge: An overrun rate shall be paid for
each Dekatherm of service provided on behalf of Customer
pursuant to Section 6, below. As set forth on Sheet No. 5 of
this Tariff, the Overrun Service Charge shall consist of the
Storage Commodity Rate for each Dekatherm of the Average
Monthly Storage Volume which is stored for or on behalf of
Customer during the Month greater than the Customers Maximum
Storage Quantity.
5. ADDITIONAL CHARGES
5.1 Commission and Other Regulatory Fees: Customer shall reimburse
Seller for all fees required by the Commission or any other
regulatory body which are related to service provided under
this Rate Schedule including, but not limited to, filing,
reporting and application fees.
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 47 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 47 |
| First Revised Volume No. 1 |
RATE SCHEDULE IS
INTERRUPTIBLE STORAGE
(Continued)
5.2 Other Charges: Customer shall pay any other charges applicable
to service hereunder authorized by the Commission or any
successor agency having jurisdiction.
6. STORAGE OVERRUN SERVICE
Customer may request Seller to provide Storage Service under this Rate
Schedule for quantities of Gas in excess of Customers Maximum Storage
Quantity. Service requested under this section must be nominated
separately as "overrun" by Customer. Seller may provide such Overrun
Service on an interruptible basis if, in Sellers judgment, it can
provide the service without adverse effect on Sellers operations or
on Sellers ability to meet higher priority obligations. Customer
shall pay the Overrun Service Charge pursuant to Section 4.5, above,
for such overrun Storage Service.
7. WITHDRAWAL PENALTY
If Customer fails to withdraw all Working Storage Gas quantities held
in Storage by Seller for or on behalf of Customer by the end of the
applicable withdrawal period set forth in Section 2, above, or by the
date the IS Agreement terminates, then Seller may retain such
remaining quantities of Working Storage Gas free and clear of any
adverse claims, unless such failure to withdraw was due to Sellers
inability to withdraw the quantities nominated by Customer, in which
event such applicable withdrawal period shall be extended by the
number of Days Seller is unable to Tender quantities of Gas for
redelivery.
8. DEFINITIONS
8.1 The term "Maximum Daily Injection Quantity" shall mean one
thirtieth (1/30) of the Maximum Storage Quantity.
8.2 The term "Maximum Daily Withdrawal Quantity" shall mean the
greater of one thirtieth (1/30) of the Working Storage Gas as
of the last Day of the prior Month or one thirtieth (1/30) of
the Working Storage Gas as of the date that Seller notifies
Customer that it must withdraw all of its Working Storage Gas
within forty-five (45) Days.
| Bluelake Gas Storage Company |
|
Sheet Nos. 48 - 51 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
Reserved for future use.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 52 : Effective |
| FERC Gas Tariff | | Original Sheet No. 52 |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule IS)
THIS AGREEMENT entered into as of the ____ day of
_____________, 20__, by and between Blue Lake Gas Storage Company,
a Michigan general partnership, hereinafter referred to as
"Seller," and ___________________________, hereinafter referred to
as "Customer."
W I T N E S S E T H
WHEREAS, Customer has requested Seller to store Gas on its
behalf; and
WHEREAS, Seller has sufficient Storage capacity available to
provide the Storage Service for Customer on the terms specified
herein;
NOW, THEREFORE, Seller and Customer agree as follows:
ARTICLE I
STORAGE SERVICE
1. Sellers service hereunder shall be subject to receipt of all
requisite regulatory authorizations from the Federal Energy
Regulatory Commission ("Commission"), or any successor
regulatory authority, and any other necessary governmental
authorizations, in a manner and form acceptable to Seller.
2. Subject to the terms and provisions of this Agreement,
Customer may deliver or cause to be delivered to Seller on an
interruptible basis, Gas up to the Maximum Daily Injection
Quantity, plus Sellers Injection Use, for Storage up to the
Maximum Storage Quantity, and Seller agrees to receive, store
and redeliver at Customers request Equivalent Quantities of
Gas to or for the account of Customer, on an interruptible
basis, up to the Maximum Daily Withdrawal Quantity, reduced
by Sellers Withdrawal Use, as set forth on Exhibit A
attached hereto.
3. Seller, if requested by Customer, may inject or withdraw from
Storage daily quantities in excess of the Maximum Daily
Injection Quantity or Maximum Daily Withdrawal Quantity
specified in Paragraph 2, above, if it can do so without
adverse effect on Sellers operations or its ability to meet
all higher priority obligations.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 53 : Effective |
| FERC Gas Tariff | | Original Sheet No. 53 |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule IS)
(Continued)
ARTICLE II
POINT OF INJECTION/WITHDRAWAL
1. Customer shall deliver or cause to be delivered Gas hereunder
at the Point of Injection/Withdrawal.
Seller shall Tender to or for the account of Customer,
Equivalent Quantities of Gas stored hereunder, at the Point
of Injection/Withdrawal.
ARTICLE III
TERM OF AGREEMENT
1. This Agreement shall be effective for an initial period as of
the date first written above until _____________________, and
__________ to __________ thereafter, until terminated by Seller
or Customer upon __________ prior written notice to the other
specifying a termination date at the end of such period or any
successive period thereafter. The period of service hereunder
shall be from _______________ until the termination of this
Agreement.
ARTICLE IV
RATE SCHEDULE AND CHARGES
1. Each Month, Customer shall pay Seller for the service hereunder,
an amount determined in accordance with Sellers Rate Schedule IS
and the applicable provisions of the General Terms and Conditions
of Sellers FERC Gas Tariff, First Revised Volume No. 1
("Tariff"), as filed with the Commission. Such Rate Schedule and
General Terms and Conditions are incorporated by reference and
made a part hereof. Sections IV & V of Exhibit A hereto sets
forth the applicable information as follows, which shall be
utilized for transactions hereunder:
a. Rates and Charges
b. Additional charges which are applicable.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 54 : Effective |
| FERC Gas Tariff | | Original Sheet No. 54 |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule IS)
(Continued)
Exhibit A to the Service Agreement shall specify the Rates and
charges and Additional charges which are applicable. When the
level of any Additional charges is changed pursuant to
Commission authorization or direction, Seller may unilaterally
effect an amendment to Exhibit A to reflect such change(s) by
so specifying in a written communication to Customer.
2. It is further agreed that Seller may seek authorization from
the Commission and/or other appropriate body for such changes
to any rate(s) and terms and conditions set forth herein in
Rate Schedule IS or in the General Terms and Conditions of
Sellers Tariff, as may be found necessary to assure Seller
just and reasonable rates. Nothing herein contained shall be
construed to deny Customer any rights it may have under the
Natural Gas Act, as amended, including the right to participate
fully in rate proceedings by intervention or otherwise to
contest Sellers filing in whole or in part.
3. Further Agreement:
(Write None or specify the agreement).
ARTICLE V
NOTICE
1. Except as may be otherwise provided, any notice, request,
demand, statement or bill provided for in this Agreement or any
notice which a party may desire to give the other shall be in
writing and mailed by regular mail, effective as of the
postmark date, to the post office address of the party intended
to receive the same, as the case may be, as follows:
Seller: Blue Lake Gas Storage Company
717 Texas Street
Houston, Texas 77002-2761
Attention: Transportation Services
Customer: _______________________________________
_______________________________________
_______________________________________
_______________________________________
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 55 : Effective |
| FERC Gas Tariff | | Original Sheet No. 55 |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule IS)
(Continued)
ARTICLE VI
INCORPORATION BY REFERENCE
The provisions of Rate Schedule IS and the General Terms and
Conditions of Sellers Tariff are specifically incorporated herein
by reference and made a part hereof.
ARTICLE VII
MISCELLANEOUS
1. This Agreement supersedes and cancels the following contract
between the parties hereto effective _____________________:
2. Replacement Customer.
[If Customer is a Replacement Customer, state identity of
Releasing Customer and Contract Number under which capacity
is released. The offer of release issued by the Releasing
Customer is incorporated herein by reference.]
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed by their respective Officers or
Representatives thereunto duly authorized.
Blue Lake Gas Storage Company
By __________________________
Its _________________________
_____________________________
(Customer)
By __________________________
Its _________________________
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 56 : Effective |
| FERC Gas Tariff | | Original Sheet No. 56 |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT
(For Use Under Sellers Rate Schedule IS)
(Continued)
EXHIBIT "A"
to
Agreement between
Blue Lake Gas Storage Company (Seller)
and
____________________________ (Customer)
Dated ________________________
I. MAXIMUM DAILY INJECTION QUANTITY (Dth)
II. MAXIMUM DAILY WITHDRAWAL QUANTITY (Dth), which shall be the
greater of one thirtieth (1/30) of the Working Storage Gas as
of the last Day of the prior Month or one thirtieth (1/30) of
the Working Storage Gas as of the date that Seller notifies
Customer that it must withdraw all of its Working Storage Gas
within forty-five (45) Days.
III. MAXIMUM STORAGE QUANTITY (Dth)
IV. RATES AND CHARGES - Maximum Rates as set forth on Sheet No. 5
of Sellers Tariff unless otherwise agreed to.
V. ADDITIONAL CHARGES - Pursuant to Section 5 of Rate Schedule IS.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 57 : Effective |
| FERC Gas Tariff | | Original Sheet No. 57 |
| First Revised Volume No. 1 |
RATE SCHEDULE MS
MERCHANT SALES
1. APPLICABILITY
This Rate Schedule MS shall be applicable to all firm and
interruptible sales services rendered by Blue Lake Gas Storage Company
("Seller") under the blanket certificate of public convenience and
necessity granted to Seller pursuant to 18 C.F.R. Section 284.284(a) and
Order 636.
2. AVAILABILITY
Service under this Rate Schedule shall be available, pursuant to
the term of Sellers blanket sales certificate, to any Gas purchaser
("Buyer") which has executed a Sales Service Agreement with Seller.
3. SALES SERVICE AGREEMENT
Sales service under this Rate Schedule shall be available only on
the condition and to the extent that Seller and Buyer have agreed to
such service and have executed a written Sales Service Agreement that
contains the terms, conditions, rates and fees applicable to such
service. Seller shall have no obligation to provide sales service for
any quantity of Gas in excess of that specifically agreed to in the
Sales Service Agreement and such obligation shall be coextensive with
the term of the agreement. In accord with 18 C.F.R. Section 284.285,
Seller is authorized to abandon the sales service to which the Sales
Service Agreement relates upon termination of such Agreement without
obtaining any additional approval of the Federal Energy Regulatory
Commission for such abandonment.
4. TERMS, CONDITIONS, RATES AND FEES
The terms, conditions, rates and fees applicable to service under
this Rate Schedule shall be those terms, conditions, rates and fees to
which Seller and Buyer have agreed in their Sales Service Agreement.
5. POINT OF SALE
The point of sale for all Gas sold by Seller to Buyer under this
Rate Schedule shall be (a) any point at which the Gas enters Sellers
system, or (b) any point at which Sellers system interconnects with
that of another pipeline.
6. TRANSPORTATION
Gas purchased by Buyer from Seller under this Rate Schedule shall
be transported pursuant to the terms of separate transportation
agreements.
| Bluelake Gas Storage Company |
|
Sheet Nos. 58 - 123 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
SHEET NOS. 58 THOURGH 123 ARE RESERVED FOR FUTURE USE
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 124 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 124 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
1.1 The term "Agreement" shall mean the Service Agreement executed
by the Customer and Seller and any exhibits, attachments and/or
amendments thereto.
1.2 The term "Average Monthly Storage Volume" shall mean the sum of
Customers Working Storage Gas at the end of each Day of the
Month divided by number of Days in the Month.
1.3 The term "BTU" shall mean one (1) British thermal unit, the
amount of heat required to raise the temperature of one (1)
pound of water one degree (1) Fahrenheit at sixty degrees (60)
Fahrenheit. (BTU is measured on a dry basis at 14.73 psia.)
1.4 The term "Business Day" shall mean every Monday, Tuesday,
Wednesday, Thursday or Friday, excluding all federal banking
holidays for transactions in the United States and similar
holidays for transactions in Canada and Mexico.
1.5 The term "Central Clock Time" shall mean Central Standard Time
except for that period when daylight savings is in effect. During
this period, Central Clock Time shall mean Central Daylight Time.
1.6 The term "Commission" and "FERC" shall mean the Federal Energy
Regulatory Commission or any successor regulatory authority
having jurisdiction.
1.7 The term "Customer" shall mean any person, corporation,
partnership or any other party that executes a valid Service
Agreement with Blue Lake Gas Storage Company for the Storage of
Gas under the terms and conditions of Sellers FERC Gas Tariff.
1.8 The term "Daily Rate" shall mean the result of the calculation
of multiplying the monthly rate by the number of Months in the
rate period; dividing the result by the number of Days in the
rate period; and taking the answer out to 5 decimal places and
rounding up or down to the Transporters specific decimal place
or by multiplying the Daily Rate times the number of Days in the
rate period; dividing the result by the number of Months in the
rate period; and taking the answer out to 5 decimal places and
rounding up or down to the Transporters specific decimal place.
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 125 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 125 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
1.9 The term "Day" shall mean a period of consecutive hours,
beginning at 9:00 a.m. Central Clock Time and ending on the
following 9:00 a.m. Central Clock Time.
1.10 The term "Dekatherm" (Dth) shall mean the quantity of heat
energy which is equivalent to one (1) million (1,000,000) BTU;
thus the term MDth shall mean one (1) thousand Dth.
1.11 The determination of quantities deemed to be delivered for
purposes of use of the term "Each Dekatherm Of Gas Which Is
Delivered" shall be the pro rata allocation of the quantities of
Gas nominated, after adjustments for Sellers Use and pursuant
to Section 4.3 of these General Terms and Conditions, for
injection into Storage or for withdrawal from Storage.
1.12 The term "Equivalent Quantities" shall mean a quantity of Gas
containing an amount of Dths equal to the amount of Dths
received by Seller for the account of Customer at the Point of
Injection/Withdrawal reduced by the Dths removed for Sellers
Injection and/or Withdrawal Use as attributable to the Storage
of Customers Gas.
1.13 The term "Gas" shall mean natural gas, including casinghead gas
produced with crude oil, gas from gas wells and gas from
condensate wells and synthetic natural gas.
1.14 The term "Liquids Revenues" shall mean revenue from the sale of
liquid or liquefiable hydrocarbons removed by Sellers
separation facilities from Gas withdrawn from Sellers
facilities, net of any costs including, but not limited to,
severance taxes, royalties, transportation costs and third-party
processing fees which may include the retention of liquids or
liquefiables.
1.15 The term "Maximum Storage Quantity" shall mean the greatest
number of Dths that Seller is obligated to store on behalf of
Customer on any Day.
1.16 The term "Month" shall mean the period beginning on the first
Day of a calendar month and ending at the same hour on the first
Day of the next succeeding calendar month.
| Bluelake Gas Storage Company |
|
Third Revised Sheet No. 126 : Effective |
| FERC Gas Tariff | | Second Revised Sheet No. 126 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
1.17 "NAESB Standards" shall mean the standardized business
practices, procedures and criteria which have been adopted and
published by the North American Energy Standards Board and which
have been adopted by reference by the Commission.
1.18 The term "North American Energy Standards Board" or "NAESB"
shall mean the private, consensus standards developer whose
wholesale natural gas standards are developed by
representatives from all segments of the natural gas industry.
1.19 The term "OBA" shall mean a contract between two parties which
specifies the procedures to manage operating variances at an
interconnect.
1.20 The term "Operator" shall mean a party that operates the
facilities that interconnect with Sellers facilities.
1.21 The term "Point of Injection/Withdrawal" shall mean the point of
interconnection between Sellers Storage Facilities and third
party transporters facilities located in Kalkaska County,
Michigan.
1.22 The term "Releasing Customer" shall mean any Customer releasing
capacity under Section 8 of Rate Schedule FS.
1.23 The term "Replacement Customer" shall mean any Customer to which
capacity is released under Section 8 of Rate Schedule FS.
1.24 The term "Seller" shall mean Blue Lake Gas Storage Company.
1.25 The term "Sellers Injection Use" shall mean the applicable
percentage stated on Sheet No. 5 of this Tariff multiplied by
the quantity of Gas injected into Storage for the account of
Customer.
1.26 The term "Sellers Use" shall mean the sum of the Sellers
Injection Use and the Sellers Withdrawal Use.
1.27 The term "Sellers Withdrawal Use" shall mean the applicable
percentage stated on Sheet No. 5 of this Tariff multiplied by
the quantity of Gas withdrawn from Storage for the account of
Customer.
| Bluelake Gas Storage Company |
|
Fourth Revised Sheet No. 126A : Effective |
| FERC Gas Tariff | | Third Revised Sheet No. 126A |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
1.28 The term "Service Day" shall mean the Day during which Customer
receives Storage Service pursuant to a nomination in accordance
with Section 4 of these General Terms and Conditions.
1.29 The term "Storage" or "Storage Service" shall mean the storage
of Gas.
1.30 The terms "Tender", "Tender Gas" and "Tender of Gas" shall mean
that the delivering party is able and willing, and offers, to
deliver Gas to or for the account of the receiving party at the
Point of Injection/Withdrawal.
1.31 The term "Usage Charges" shall mean all variable charges
associated with the injection/withdrawal of Gas by Seller.
1.32 The term "Wire Transfer" shall mean payments made/effected by
wire transfer (Fedwire, CHIPS, or Book Entry), or Automated
Clearinghouse, or any other recognized electronic or automated
payment mechanism that is agreed upon by Seller in the future.
1.33 The term "Working Storage Gas" shall mean the quantity of Gas
held in Storage at any given time, by Seller, for the account of
Customer.
1.34 Capitalized terms not defined herein are defined pursuant to
NAESB.
2. REQUESTS FOR STORAGE SERVICE
2.1 Requests. To seek to qualify for Storage Service pursuant to
Rate Schedules FS or IS, a potential Customer shall submit a
Request for such Service in writing to the Seller. Seller
shall evaluate and respond to such requests as soon as is
reasonably possible, and shall begin service, if an Agreement
is executed, as soon as is reasonably possible, after execution
of the Agreement. Such a Request shall be considered
acceptable only if the information specified in Section 2.2,
below, is provided in writing, but Seller may waive all or any
portion of such information in individual instances, when the
information is already in the possession of Seller. Each
Request for Service under Rate Schedule FS by or on behalf of
each proposed Customer shall be accompanied by
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 127 : Effective |
| FERC Gas Tariff | | Original Sheet No. 127 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
refundable earnest money in the form of either Wire
Transfer or a check payable to Blue Lake Gas Storage
Company in the amount of the lesser of ten thousand
dollars ($10,000) or the aggregate reservation charges
which would be due for two Months of service for such
requested service, which amount shall be applied, until
fully used, against the first amounts due by Customer to
Seller as reservation charges; provided, however, that
if the request is not accepted by Seller or if service
is not otherwise offered, Seller will refund earnest
money thirty (30) Days after notice to potential
Customer that Seller is not accepting offer.
Requests for service shall be sent to:
Blue Lake Gas Storage Company
717 Texas Street
Houston, Texas 77002-2761
Attention: Transportation Services
2.2 Form of Request for Storage Service
(a) Each request, to be considered as an acceptable
and valid request, must furnish the portion of the
information set forth below. The "Blue Lake Gas
Storage Companys Storage Service Request Form" is
set forth on Sheet Nos. 156 through 158 of this
Tariff and may be changed from time to time and
reissued by Seller.
(b) Requestors Identification: Name, address,
representative, telephone number of party
requesting service.
(c) Customers Identification: (Note: The "Customer"
is the party which proposes to execute the
Agreement).
(1) Name, address, representative and telephone
number of Customer.
(2) A statement of whether Customer is a local
distribution company, an intrastate
pipeline, an interstate pipeline,
marketer/broker, producer, end user or other
type of entity (which shall be described).
| Bluelake Gas Storage Company |
|
Original Sheet No. 128 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(3) A statement of whether Customer is acting for
itself or as agent for someone else (who must be
named).
(4) A statement of whether Customer is a Replacement
Customer and the contract number under which
Replacement Customer is requesting service.
(d) Type of Service(s) Requested: Specify for which Volume
No. 1 Rate Schedule service is desired.
(e) Quantity: (stated in Dekatherms)
(1) Maximum Storage Quantity, which shall not be less
than 100,000 Dekatherms, except for volumes under
Section 8 of Rate Schedule FS.
(2) Storage Demand Withdrawal Quantity, which shall be
one seventieth (1/70) of the Maximum Storage
Quantity.
(f) Term of Service:
(1) Date service is requested to commence.
(2) Date service is requested to terminate (Agreements
for FS shall terminate on March 31).
(g) Certified Statement: A certified statement that the
Customer has, or will have, by the time of execution of
an Agreement with Seller, title to, or the legal right to
cause to be delivered to Seller, for Storage the Gas
which is to be delivered to Seller and facilities or
contractual rights which will cause such Gas to be
delivered to and received from Seller.
(h) Credit Evaluation:
(1) Customers Bank References.
(2) Customer should submit year end audited financial
statements of Customer together with the latest
quarterly report.
(3) Customers Affiliates, including parent,
subsidiaries of parent and of such subsidiaries,
and subsidiaries of Customer.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 129 : Effective |
| FERC Gas Tariff | | Original Sheet No. 129 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(4) In the event proceedings have been commenced by or
against such Customer for any relief under any
bankruptcy or insolvency law, or any law relating
to the relief of debtors, readjustment of
indebtedness, reorganization, arrangement,
composition or extension; or in the event a decree
or order of a court having jurisdiction in the
premises for the appointment of a receiver or
liquidator or trustee or assignee in bankruptcy or
insolvency of such Customer, or of a substantial
part of its property, or for the winding up or
liquidation of its affairs, shall have been
entered, or any substantial part of the property
of such Customer shall be sequestered or attached
and shall not be returned to the possession of
such Customer or released from such attachment
within thirty (30) Days thereafter; or in the
event such Customer shall make a general
assignment for the benefit of creditors or shall
admit in writing its inability to pay its debts
generally as they become due, Customer shall be
required to fully disclose any and all actions
regarding the above described proceedings against
Customer or related parties defined in 2.2(h)(3),
above, in its Request for Service.
(5) Any other information requested by Seller pursuant
to Section 11.5 of these General Terms and
Conditions.
2.3 Subsequent Information
(a) If any of the events or actions described in 2.2(h)(4),
above, shall be initiated or imposed during the term of
service hereunder, Customer shall provide notification
thereof to Seller within two (2) working Days of any such
initiated or imposed event or action. Customer shall
also provide, forthwith, such additional Customer credit
information as may be reasonably required by Seller, at
any time during the term of service hereunder, to
determine Customers creditworthiness.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 130 : Effective |
| FERC Gas Tariff | | Original Sheet No. 130 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(b) After receipt of a Request for Storage Service
hereunder, Seller may require that Customer furnish
additional information as a prerequisite to Seller
offering to execute an Agreement with Customer.
Such information may include proof of Customers
title to the Gas involved and/or its legal right to
cause the Gas to be delivered to Seller for Storage
and of Customers contractual and/or physical
ability to cause such Gas to be delivered to and
received from Seller.
2.4 Request Validity. Customers Request for Storage Service
shall be considered null and void if Seller has tendered
an Agreement for execution to Customer and Customer fails
to execute the Agreement within thirty (30) Days
thereafter. Seller will not execute an Agreement under
this Rate Schedule FS for which it does not have
sufficient available capacity. If sufficient capacity is
available, but Customer does not desire to or cannot
begin Storage Service within thirty (30) Days after the
date the request is made pursuant to Section 2.1 of these
General Terms and Conditions, or such other period as the
parties may agree to in writing, then such Request shall
be considered null and void.
2.5 Customers Performance. If a Customer that has executed
an Agreement for service under Rate Schedule IS fails, on
the later of the date service is to commence or fifteen
(15) Days after the Customer executes the Agreement or
the completion of construction of any necessary
facilities or the issuance of any necessary governmental
authorization, to nominate, pursuant to Section 4.1 of
these General Terms and Conditions, a quantity of Gas for
Storage, or fails, having nominated a quantity of Gas and
Seller having scheduled the quantity for Storage,
pursuant to Section 4.3 of these General Terms and
Conditions, to Tender such Gas for Storage on the date it
is scheduled, the Seller may terminate Customers
Agreement and the Customers request for service shall
be deemed null and void; provided, however, that the
Customers Agreement shall not be terminated nor shall
the Customers request for service be deemed null and
void if the Customers failure to nominate or Tender is
caused by an event of force majeure on Sellers system,
as defined in Section 9 of these General Terms and
Conditions.
| Bluelake Gas Storage Company |
|
Third Revised Sheet No. 131 : Effective |
| FERC Gas Tariff | | Second Revised Sheet No. 131 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
2.6 Complaints: In the event that a Customer or potential Customer
has a complaint relative to service under this Seller's Tariff,
the Customer shall:
(a) Provide a description of the complaint, verbally or in
writing, including the identification of the Storage
request (if applicable), and communicate it to Seller.
Information regarding the appropriate contact personnel
is available via Seller's Internet Site.
(b) Within forty-eight (48) hours, or two Business Days,
whichever is later from the Day of receipt of a complaint,
Seller will respond initially to the complaint and Seller
shall respond in writing within thirty (30) Days advising
Customer or potential Customer of the disposition of the
complaint.
2.7 Information:
Contact information is available via Seller's Internet Site for
any person desiring information on the availability, pricing, or
other terms of the Storage Services.
2.8 Relationship with Affiliates:
Information on any facilities that Seller's storage function
employees share with any of the marketing function employees of
its affiliate(s) will be available on its Internet Site, in
accordance with the Commission's regulations.
| Bluelake Gas Storage Company |
|
Fifth Revised Sheet No. 132 : Effective |
| FERC Gas Tariff | | Fourth Revised Sheet No. 132 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
3. STORAGE SERVICE
3.1 Treatment of Gas. Seller may subject or permit the subjection
of Gas stored hereunder to compression, cooling, cleaning, or
other processes to such extent as may be required in Seller's
sole opinion.
4. NOMINATIONS, SCHEDULING AND ALLOCATION
4.1(a) Nominations. Seller will accept nominations for Storage
Service as provided herein. A valid nomination is a data set
which contains, at a minimum, the mandatory data elements
included in the NAESB Standards related to nominations, and
any additional Seller-required data elements. All Standard
and Intra-Day nominations for service shall be made via
Electronic Delivery Mechanism ("EDM") as approved by the
Commission. Seller will accept nominations via mail, fax,
courier service or personal delivery. Seller will support
the receipt of nominations, via the methods listed above, and
EDM in a manner designed to enable Customers to submit
nominations seven Days a week, twenty-four hours a Day.
Each nomination shall indicate whether it is being submitted
as a Standard or Intra-Day nomination. The standard quantity
for nominations, for confirmations and scheduling, in the
United States, shall be Dekatherms per gas day. For Canada it
shall be Gigajoules per gas day. For Mexico it shall be
Gigacalories per gas day. For commercial purposes the
standard conversion factor between Dekatherms and Gigajoules
shall be 1.055056 Gigajoules per Dekatherm and between
Dekatherms and Gigacalories shall be 0.251996 Gigacalories per
Dekatherm. (For reference 1 Dekatherm - 1,000,000,000 BTUs; 1
Gigajoule = 1,000,000,000 Joules; and 1 Gigacalorie =
1,000,000,000 Calories.) The standard BTU is the
International BTU, which is also called the BTU(IT); the
standard Joule is the Joule specified in the SI system of
units.
| Bluelake Gas Storage Company |
|
Fourth Revised Sheet No. 133 : Effective |
| FERC Gas Tariff | | Third Revised Sheet No. 133 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
Customer may use an agent to provide all or a portion of its
nomination data, provided that Seller is so advised in advance
in writing. A Customer that uses an agent for such nomination
purposes shall hold Seller harmless for all actions or
inactions of its agent.
(b) Standard Nominations. A "Standard Nomination" is a nomination
for Storage Service for any Day. The Standard Nomination
shall include a begin date and end date, which must be within
the term of the Customers Service Agreement. Each Day within
a date range nomination is considered an original nomination.
Subsequent nomination for one or more Days within the range
supersede only the Days specified. The Days outside the range
of the subsequent nomination are unaffected. Nominations have
a prospective effect only. Seller shall process all new or
revised nominations that are submitted by 11:30 a.m. Central
Clock Time and received by 11:45 a.m. Central Clock Time on
the Day before the applicable Service Day. Customer may
nominate zero (0) for a daily quantity, but in the event
Customer nominates a daily quantity in excess of zero (0),
such daily quantity shall not be less than five hundred (500)
Dth. Customer shall also inform Seller in advance of each
Month of the desired order of priority of injections and
withdrawals under each Agreement and Seller may rely thereon
(or in the absence of such information, upon Sellers
judgment) if allocation under such Agreement is required.
(c) Standard Nominations Timetable. The timetable for a Standard
Nominations shall be as follows on the Day before a Service
Day, Central Clock Time:
11:30 a.m. for nominations leaving control of Customer;
11:45 a.m. for receipt of nominations by Seller
(including from Title Transfer Tracking Service Providers
(TTTSPs));
noon for Seller to send quick response for nominations
submitted via EDM;
3:30 p.m. for Seller to receive completed confirmations
from upstream and downstream connected parties;
4:30 p.m. for Customer and Operators to receive scheduled
volume information from Seller.
| Bluelake Gas Storage Company |
|
Fifth Revised Sheet No. 133A : Effective |
| FERC Gas Tariff | | Fourth Revised Sheet No. 133A |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
In addition, at the end of each gas day, Seller should
provide the final scheduled quantities for the just completed
gas day. With respect to the implementation of this process
via 1.4.x scheduled quantity related standards, Seller should
send an end of gas day Scheduled Quantity document.
Receivers of the end of gas day Scheduled Quantity document
can waive the senders sending of the end of gas day
Scheduled Quantity document.
Seller, as receiver of nominations, initiates the
confirmation process. The party receiving a request for
confirmation or an unsolicited confirmation response may
waive the obligation of the Seller to send. The sending
party will adhere to nomination, confirmation and scheduling
deadlines. The party receiving the communication shall have
the right to waive any deadline, on a non-discriminatory
basis.
(d) Other Nominations. Seller may, at its option, accept
nominations which are not timely as described above. In that
event, Seller shall not be required to comply with the
Standard Nomination timeline set out above.
4.2 (a)Intra-Day Nominations. Any nomination submitted after the
standard nomination deadline, by eligible Customers, shall be
an Intra-Day Nomination. An Intra-Day nomination shall be
effective for one (1) Day only. Intra-Day nominations may be
used to nominate new supply or market. The nomination process
set forth in Section 4.1(a), above, shall apply to the Intra-
Day nominations. An Intra-Day quantity shall be a revised
daily quantity.
(1) Timetables for Intraday Nominations shall be as follows:
(a) Evening Nomination Cycle: shall be as follows on
the Day before a Service Day, Central Clock Time:
6:00 p.m. for nominations leaving control of
Customer;
6:15 p.m. for receipt of nominations by Seller
(including from TTTSPs);
6:30 p.m. for Seller to send quick response for
nominations submitted via EDM;
9:00 p.m. for Seller to receive completed
confirmations from upstream and downstream
connected parties;
| Bluelake Gas Storage Company |
|
Third Revised Sheet No. 133B : Effective |
| FERC Gas Tariff | | Second Revised Sheet No. 133B |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
10:00 p.m. for Customer and Operators to receive
scheduled volume information from Seller and to provide
scheduled quantities to bumped parties (notice to
bumped parties).
9:00 a.m. for flow of Gas.
(b) Intraday 1 Nomination Cycle: shall be as follows on
the Service Day, Central Clock Time:
10:00 a.m. for nominations leaving control of Customer;
10:15 a.m. for receipt of nominations by Seller
(including from TTTSPs);
10:30 a.m. for Seller to send quick response for
nominations submitted via EDM;
1:00 p.m. for Seller to receive completed confirmations
from upstream and downstream connected parties;
2:00 p.m. for Customer and Operators to receive
scheduled volume information from Seller and to provide
scheduled quantities to bumped parties (notice to
bumped parties);
5:00 p.m. for flow of Gas.
(c) Intraday 2 Nomination Cycle: shall be as follows on
the Service Day, Central Clock Time:
5:00 p.m. for nominations leaving control of Customer;
5:15 p.m. for receipt of nominations by Seller
(including from TTTSPs);
5:30 p.m. for Seller to send quick response for
nominations submitted via EDM;
8:00 p.m. for Seller to receive completed confirmations
from upstream and downstream connected parties;
9:00 p.m. for Customer and Operators to receive scheduled
volume information from Seller;
9:00 p.m. for flow of Gas.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 133C : Effective |
| FERC Gas Tariff | | Original Sheet No. 133C |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(d) For purposes of 4.2(a)(1)(a), (b), and (c) "provide"
shall mean, for transmittals pursuant to standards
1.4.x, receipt at the designated site, and for purposes
of other forms of transmittal, it shall mean send or
post.
An Intra-Day nomination is subject to Operators confirmations
and Sellers operating conditions. If Operator confirmation is
not received the Intra-Day nomination will not be accepted.
Seller will not accept a reduced Intra-Day nomination for any
quantity deemed already delivered based on an average hourly
flow.
(b) For purposes of providing notice of any nomination changes to a
Customer and or Customers agent, Seller shall contact either
party by telephone or other instant communication device. With
respect to changes initiated by Seller, if a Customer so elects,
such Customer may provide a telephone number and Seller will
contact Customer at such phone number to alert Customer that a
change has been made; provided that where an interruptible
Customers nomination is bumped by a firm Customers intraday
nomination, Seller shall provide notice of such bump to the
interruptible Customer in the same manner that Seller uses to
notify Customers of OFOs.
4.3 Scheduling of Storage and Allocation of Service. For each Day,
Seller will schedule injections and withdrawals of Gas, on the
basis of: Storage nominations made by Customers (which Seller
is hereby authorized to rely upon in its scheduling); Storage
capacity available on Sellers system in light of nominations
and requests; and overall operating conditions from time to
time. If, on any Day, Seller determines that the capacity of
its system is insufficient to serve all Storage nominations
scheduled for such Day, or to accept the quantities of Gas
tendered, capacity shall be allocated to provide service in the
following order:
(a) In scheduling deliveries of firm Storage nominations on any
Day when capacity is constrained, Seller shall allocate
service on a pro rata basis to those Customers nominating
volumes on such Day based upon such Customers
| Bluelake Gas Storage Company |
|
Original Sheet No. 134 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
contracted daily injection or withdrawal volumes compared
to the contracted daily injection or withdrawal volumes
of all other Customers nominating volumes on such Day.
(b) In scheduling nominated quantities for interruptible
Storage Services hereunder, after providing for firm
Storage Service, Seller shall utilize the priorities
established in Section 10 of these General Terms and
Conditions, provided however that no interruptible
Customer shall have a claim of priority on any Day to
quantities in excess of the lesser of (1) such
interruptible Customers Maximum Daily Injection Quantity
or Maximum Daily Withdrawal Quantity as applicable or (2)
such interruptible Customers nomination.
4.4 Delivery of Gas. Seller, subject to the other provisions
hereof, shall make daily delivery, to the extent practicable,
of Equivalent Quantities of Gas at the Point of
Injection/Withdrawal.
4.5 Hourly Variation. Injections and Withdrawals shall be made at
uniform hourly rates to the extent practicable.
4.6 Limitation on Obligation. Should the quantities of Gas
received from Customer(s) by Seller at the Point of
Injection/Withdrawal exceed the Maximum Daily Injection
Quantity plus the Sellers Injection Use, Seller shall notify
Customer(s) of such fact, a reasonable time after such becomes
known, and Customer(s) shall seek to reduce deliveries to
Seller forthwith. In the event any such excess delivery would
jeopardize the safety of Sellers operations and/or its
ability to meet its contract commitments to others, such
decisions being solely within the judgment and discretion of
Seller, Seller shall have the right to refuse to accept,
without any liability to Customer, or any other person, all or
such part of said excess delivery as Seller deems necessary,
and shall notify Customer accordingly.
| Bluelake Gas Storage Company |
|
Original Sheet No. 135 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
4.7 Reduction in Maximum Storage Quantity. In the event that
Customer nominates or utilizes less than 50% of its Maximum
Storage Quantity under Rate Schedule IS for a period of one
(1) year, Seller may reduce Customers Maximum Storage
Quantity to 125% of the average utilization during such year,
which new Maximum Storage Quantity, as applicable, shall be
effective on the first Day of the Month following the Month in
which Seller gives Customer notice of such reduction.
5. PRESSURE AT POINT OF INJECTION/WITHDRAWAL
5.1 Pressure at Point of Injection/Withdrawal. Unless otherwise
agreed to by the parties as set forth in the Service
Agreement, Customer shall cause the Gas to be delivered at the
Point of Injection/Withdrawal at a pressure sufficient to
allow the Gas to enter Sellers system at the varying
pressures that may exist in such system from time to time;
provided, however, that such pressure of the Gas delivered or
caused to be delivered by Customer shall not exceed the
Maximum Allowable Operating Pressure ("MAOP") which Seller
specifies for the Point of Injection/Withdrawal. In the event
the MAOP of Sellers system, at the Point of
Injection/Withdrawal hereunder, is from time to time increased
or decreased, then the MAOP of the Gas delivered or caused to
be delivered by Customer to Seller at the Point of
Injection/Withdrawal shall be correspondingly increased or
decreased upon notification by Seller to Customer.
Unless otherwise agreed to by the parties as set forth in the
Service Agreement, Seller shall Tender the Gas to or for the
account of Customer at the Point of Injection/Withdrawal
hereunder at Sellers prevailing line pressure as such may
vary from time to time.
6. MEASUREMENT AND MEASUREMENT EQUIPMENT
6.1(a) The volume of Gas delivered to Seller hereunder or
redelivered to or for the account of Customer hereunder
shall be measured by:
(1) An orifice meter, designed, installed maintained and
operated as recommended in the latest issue of American
National Standard ANSI/API 2530 (American Gas Association
Gas Measurement Report No. 3), entitled "Orifice Metering
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 136 : Effective |
| FERC Gas Tariff | | Original Sheet No. 136 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
of Natural Gas and Other Related Hydrocarbon Fluids",
as such publication may be revised from time to time
(hereinafter referred to as "AGA Report No. 3); or
(2) A turbine meter, designed, installed, maintained and
operated as recommended in the latest issue of American
Gas Association Transmission Measurement Committee Report
No. 7, entitled "Measurement of Fuel Gas by Turbine
Meters", as such publication may be revised from time to
time (hereinafter referred to as "AGA Report No. 7"); or
(3) A positive displacement meter, installed and operated in
accordance with generally accepted industry practices.
(b) Auxiliary measuring equipment shall be installed, maintained
and operated in accordance with generally accepted industry
practices.
6.2(a) The volume of Gas delivered to Seller or redelivered to or
for the account of Customer shall be calculated by means of
either an electronic flow computer, or by the processing of
meter charts, in either case in the following manner:
(1) When the measuring equipment is an orifice meter, the
flow of Gas through the meter shall be computed in the
manner recommended in AGA Report No. 3, properly using
all factors set forth therein.
(2) When the measuring equipment is a turbine meter, the volume
of Gas delivered through the meter shall be computed in the
manner recommended in AGA Report No. 7, properly using all
factors set forth therein.
(3) When the measuring equipment is a positive displacement
meter, the volume of Gas delivered through the meter shall
be computed by properly applying, to the volume delivered
at flowing Gas pressures and temperatures, correction
factors for (i) absolute static pressure, (ii) flowing Gas
temperature, and (iii) compressibility ratio.
(b) The volume of Gas injected or withdrawn hereunder shall be
computed using the standards and factors determined as follows:
| Bluelake Gas Storage Company |
|
Third Revised Sheet No. 137 : Effective |
| FERC Gas Tariff | | Second Revised Sheet No. 137 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(1) The unit of volume for the purpose of measurement shall be
one thousand cubic feet of Gas at a temperature of sixty
degrees (60 ) Fahrenheit and a pressure of 14.73 pounds per
square inch absolute, dry. Volumes reported in cubic
meters, the standard conditions are 101.325 kPa, 15 degrees
C, and dry. Volumes reported in Gigacalories, the standard
conditions are 1.035646 Kg/cm2, 15.6 degrees C, and dry.
The Dekatherm equivalent of such unit of volume shall be
determined by multiplying each such unit of volume by the
total heating value per cubic foot of the Gas delivered
hereunder (adjusted to a common temperature and pressure
base) and by dividing the result by one thousand (1,000).
(2) The average absolute atmospheric (barometric) pressure
at the Point of Injection/Withdrawal shall be assumed to
be equal to 14.4 pounds per square inch.
(3) The flowing temperature of the Gas shall be determined by
means of an instrument of standard manufacture accepted
in the industry for this purpose.
(4) The supercompressibility factor used in computing the
volume of Gas delivered through an orifice meter shall be
determined in a manner which yields results consistent
with the results produced by the procedures presented in
the American Gas Association Transmission Measurement
Committee Report No. 8 entitled "Compressibility and
Supercompressibility for Natural Gas and Other
Hydrocarbon Gases."
(5) The specific gravity of the Gas used in computing the
volume of Gas delivered through a meter shall be
determined by one of the following methods:
(i) At intervals of not more than six (6) Months, by
means of an instrument of standard manufacture
accepted in the industry for this purpose using a
sample of Gas from the Gas stream at the Point of
Injection/Withdrawal.
(ii) By means of an instrument of standard manufacture
accepted in the industry for this purpose installed
at a point to measure the specific gravity of the
Gas stream from which Gas is being delivered at the
Point of Injection/Withdrawal.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 138 : Effective |
| FERC Gas Tariff | | Original Sheet No. 138 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(6) The compressibility ratio factor "s" used in computing
the volume of Gas delivered through a turbine meter or a
positive displacement meter shall be determined by the
equation s = (Fpv)2, in which "Fpv" is the
supercompressibility factor determined as described in
subparagraph (4) of this subsection (b), above.
(7) In determining the flowing temperature factor,
supercompressibility factor, and compressibility ratio
factor "s" for use in computing the volume of Gas
delivered through a meter, the flowing Gas temperature for
only the period(s) of time that Gas was flowing through
the meter shall be used.
6.3 All flow, measuring, testing and related equipment shall be of
standard manufacture and type approved by Seller. If
applicable, Seller or Customer may install check measuring
equipment, provided that such equipment shall be so installed as
not to interfere with the operations of the Operator. Seller,
or Customer, in the presence of the other party, shall have
access to measuring equipment at all reasonable times, but the
reading, calibrating, and adjusting thereof and the changing of
charts, if any, shall be done by the Operator. Seller or
Customer shall have the right to be present at the time of the
installing, reading, cleaning, changing, repairing, inspecting,
testing, calibrating or adjusting done by the Operator of the
measuring equipment. The records from such measuring equipment
shall remain the property of the Operator, but upon request, the
other party may request records, including charts, if any,
together with calculations therefrom for inspection, subject to
return within thirty (30) Days after receipt thereof.
Reasonable care shall be exercised in the installation,
maintenance and operation of the measuring equipment so as to
avoid any inaccuracy in the determination of the volume of Gas
injected and withdrawn. The accuracy of all measuring equipment
shall be verified by Operator at reasonable intervals, and if
requested, in the presence of representatives of the other
party, but neither Seller nor Customer shall be required to
verify the accuracy of such equipment more frequently than once
in any thirty (30) Day period.
If either party at any time desires a special test of any
measuring equipment, it will promptly notify the other party
and the parties shall then cooperate to secure a prompt
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 139 : Effective |
| FERC Gas Tariff | | Original Sheet No. 139 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
verification of the accuracy of such equipment. Transportation
and related expenses involved in the testing of meters shall be
borne by the party incurring such expenses.
The Operator, for purposes of this section, shall be the owner
of the equipment referenced herein, or the agent of such owner,
or such other person as the parties may agree in writing.
If, upon any test, Operators measuring equipment is found to
be in error, such errors shall be taken into account in a
practical manner in computing the deliveries. If the resultant
aggregate error in the computed receipts or deliveries is not
more than 0.5% for chromatograph or calorimeter and two percent
(2%) for other measuring equipment, then previous receipts or
deliveries shall be considered accurate. All equipment shall,
in any case, be adjusted at the time of test to record
correctly. If, however, the resultant aggregate error in
computing receipts or deliveries exceeds 0.5% for chromatograph
or calorimeter and two percent (2%) for other measuring
equipment, at a recording corresponding to the average hourly
rate, of Gas flow rate for the period since the last preceding
test, the previous recordings of such equipment shall be
corrected to zero error for any period which is known
definitely or agreed upon, such correction shall be for a
period extending over one-half of the time elapsed since the
date of the last test.
6.4 In the event any measuring equipment is out of service, or is
found registering inaccurately and the error is not determinable
by test, previous recordings of injections or withdrawals
through such equipment shall be determined as follows; provided,
however, that the correction period shall not exceed one (1)
year:
(a) by using the registration of any check meter or meters
if installed and accurately registering, or in the
absence of (a);
(b) by correcting the error if the percentage of error is
ascertainable by calibration, special test or
mathematical calculation, or in the absence of both (a)
and (b) then;
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 140 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 140 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(c) by estimating the quantity of receipt or delivery based
on receipts or deliveries during preceding periods under
similar conditions when the meter was registering
accurately.
6.5 If at any time during the term hereof, a new method or
technique is developed with respect to Gas measurement or the
determination of the factors used in such Gas measurement, such
new method or technique may be substituted upon mutual
agreement thereto by both parties.
6.6 The parties agree to preserve for a period of at least three
(3) years or such longer period as may be required by public
authority, all test data, charts, if any, and other similar
records.
6.7 In accordance with the provisions of Sections 6.3 and 6.4,
above, Seller will use the best information available to close
its allocation of quantities for a service Month. For the
purposes of Sections 6.3 and 6.4, above, "close" shall mean
five (5) Business Days after the applicable service Month. To
the extent that adjustments are made after the date of such
close such adjustments ("Prior Period Adjustments" or "PPA")
shall be treated under this Section 6.7. If the PPA are due to
the correction of measurement data or reallocation of volumes,
such adjustments should be processed within six (6) Months of
the applicable service Month. If the affected party disputes
the as-adjusted quantity it is entitled to rebut the basis for
the PPA, but only if it does so within three (3) Months of the
processing of the as-adjusted quantity. Notwithstanding the
above specified deadlines for processing/rebutting PPA, such
deadlines shall not apply in the case of deliberate omission or
misrepresentation or mutual mistake or fact. Parties other
statutory or contractual rights shall not be diminished by this
standard.
| Bluelake Gas Storage Company |
|
Original Sheet No. 140A : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
7. QUALITY
7.1 Heat Content. Heat content shall mean the gross heating value
per cubic foot of Gas received or delivered hereunder. Such
Gas shall have a heat content not less than 950 BTU per cubic
foot when determined on a dry basis. Seller shall have the
right to waive such BTU content limits if, in Sellers sole
opinion, Seller is able to accept Gas with a BTU content
outside such limits without affecting Sellers operations.
The total heating value per cubic foot of Gas shall be
determined by one of the following methods:
(a) by means of an instrument of standard manufacture
installed to measure the heating value of the Gas.
(b) at intervals of not more than six (6) Months by means of
an instrument of standard manufacture and a sample of Gas
from the Gas stream.
(c) other method mutually agreed upon by both parties.
For the purpose of calculating injections and withdrawals, the
heat content of the Gas so determined at each such point shall
be deemed to remain constant at such point until the next
determination. The unit of quantity for the purpose of
determining total heating value shall be one (1) cubic foot of
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 141 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 141 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
anhydrous Gas at a temperature of sixty degrees (60) Fahrenheit
and an absolute pressure of 14.73 psia, dry.
7.2 Freedom from Objectionable Matter. The Gas injected and
withdrawn hereunder:
(a) shall be commercially free from dust or other solid or
liquid matter which might interfere with its
merchantability or cause injury to or interference with
proper operation of the lines, regulators, meters and other
equipment of Seller;
(b) shall not contain more than one quarter (.25) grain of
hydrogen sulfide per one hundred (100) cubic feet of Gas,
as determined by methods prescribed in Standards of Gas
Service, Circular of the National Bureau of Standards, No.
405, page 134 (1934 edition), and shall be considered free
from hydrogen sulfide (H2S) if a strip of white filter
paper, moistened with a solution containing five percent
(5%) by weight of lead acetate, is not distinctly darker
than a second paper freshly moistened with the same
solution, after the first paper has been exposed to the Gas
for one and one-half (1-1/2) minutes in an apparatus of
approved form, through which the Gas is flowing at the rate
of approximately five (5) cubic feet per hour, the Gas from
the jet not impinging directly upon the test paper; or the
H2S content may be determined by an instrument of approved
type and by approved methods agreeable to the parties;
(c) shall not contain more than twenty (20) grains of total
sulfur (including the sulfur in any hydrogen sulfide and
mercaptans) per one hundred (100) cubic feet of Gas;
(d) shall not at any time have an oxygen content in excess
of one percent (1%) by volume and the parties hereto
shall make every reasonable effort to keep the Gas free
of oxygen;
(e) shall not contain as nearly as practicable any free water
nor contain more than four (4) pounds of water vapor per
million cubic feet of Gas;
(f) shall not contain more than two percent (2%) by volume of
carbon dioxide;
| Bluelake Gas Storage Company |
|
Third Revised Sheet No. 142 : Effective |
| FERC Gas Tariff | | Second Revised Sheet No. 142 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(g) shall be delivered at a temperature not in excess of one
hundred twenty degrees (120 ) Fahrenheit or less than forty
degrees (40 ) Fahrenheit;
(h) shall not contain more than three percent (3%) by volume of
nitrogen; and
(i) shall not contain any polyclorinated biphenyls.
7.3 Failure to Meet Specifications. Should any Gas tendered for
injection or withdrawal hereunder fail at any time to conform
to any of the specifications of this Article, the affected
Party shall notify the other party of any such failure and the
affected party may at its option suspend all or a portion of
the receipt of any such Gas, and shall be relieved of
obligations hereunder for the duration of such time as the Gas
does not meet such specifications.
7.4 Commingling. It is recognized that Gas delivered to Seller by
Customer will be commingled with other Gas stored hereunder by
Seller. Accordingly, the Gas of Customer shall be subject to
such changes in heat content as may result from such commingling
and Seller shall, notwithstanding any other provision herein, be
under no obligation to withdraw for Customers account, Gas of a
heat content identical to that caused to be delivered by
Customer to Seller.
8. BILLING AND PAYMENT
8.1 Billing. On or before the ninth (9th)Business Day of each
Month, Seller shall render (for purposes of this Section 8.1,
"render" shall mean (a) postmarked or (b) time-stamped and
electronically transmitted via EDM to the designated site,
whichever is applicable) an invoice to Customer setting forth
the amount due for the preceding Month under the applicable Rate
Schedule(s). Sellers invoice shall be based on actuals (if
available) or best available data. Quantities at points where
OBAs exit shall be invoiced based on scheduled quantities.
Seller may utilize estimates of the quantity of Gas received for
injection from or tendered to or for account of Customer during
a Month, in place of actual quantities when actual
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 142A : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 142A |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
quantities are not reasonably available; provided that
adjustments shall be made in later invoices for differences
between such estimated and actual quantities. Such invoice
shall include credits for capacity assignment required by
Section 8 of Rate Schedule FS, if any, and credits for revenue
derived from the sale of liquids, if any, determined in
accordance with Section 13 of these General Terms and
Conditions.
When information necessary for invoicing purposes is in the
control of Customer, Customer shall furnish such information
to Seller on or before the third (3rd) Day of the Month.
Both Seller and Customer have the right to examine at
reasonable times, books, records and charts of the other to the
extent necessary to verify the accuracy of any invoice, charge
or computation made under or pursuant to any of the provisions
hereof.
8.2 Payment. Customer shall pay any invoice, on or before the
tenth (10th) Day after the date of the invoice. Payments by
Customer to Seller shall be made in the form of Wire Transfer
directed to a bank account designated by Seller, unless
otherwise agreed to by the parties. Customer shall identify
the invoice number specified by Seller to which the payment
relates. Party making payment should submit supporting
documentation; party receiving payment should apply payment per
supporting documentation provided by the paying party; and if
payment differs from invoiced amount, remittance detail should
be provided with the payment, except when payment is made by
electronic funds transfer (EFT), in which case, the remittance
detail is due within two Business Days of the payment due date.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 143 : Effective |
| FERC Gas Tariff | | Original Sheet No. 143 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
If rendering of an invoice by Seller is delayed after the
ninth (9th) Business Day of the Month, then the time of
payment shall be extended accordingly unless Customer is
responsible for such delay. Should Customer fail to pay all of
the amount of any invoice as herein provided when such amount
is due, interest on the unpaid portion of the invoice shall
accrue from the due date until the date of payment at a rate
of interest equal to the prime rate plus two percent (2%)
charged by Citibank, N.A. during that period to responsible
Commercial and industrial borrowers, but which in no event
shall be higher than the Maximum Rate permitted by applicable
law. If such failure to pay continues, then following thirty
(30) Days prior written notice from Seller of its intent to
abandon service under the Agreement, Customer shall be deemed
to have consented to such abandonment of service, unless
within the thirty (30) Day period Customer pays to Seller the
entire balance due with interest, and Seller, in addition to
any other remedy it may have hereunder, may suspend further
injection or withdrawal of Gas for Customer and may enter into
Agreements to provide service to others using Customers
capacity and deliverability provided, however, that if
Customer in good faith shall dispute the amount of any such
invoice or part thereof and shall pay to Seller such amounts
not in dispute, accompanied by documentation supporting the
basis for the dispute and, at any time thereafter within
thirty (30) Days of a demand made by Seller, shall furnish a
good and sufficient surety bond in an amount and with surety
satisfactory to Seller or other assurance acceptable to
Seller, guaranteeing payment to Seller of the amount
ultimately found due upon such invoice after a final
determination which may be reached either by agreement or
judgment of the courts, as may be the case, then Seller shall
not be entitled to suspend further injection or withdrawal of
such Gas or to terminate or abandon service under the
Agreement unless and until default be made in the conditions
of such bond. The foregoing shall be in addition to any other
remedies Seller may have, at law or in equity, with respect to
Customers failure to pay the amount of any invoice.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 144 : Effective |
| FERC Gas Tariff | | Original Sheet No. 144 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
8.3 Adjustment of Invoicing Errors. Subject to the provisions of
Section 6 of these General Terms and Conditions, if it shall
be found that at any time or times Customer has been
overcharged or undercharged and Customer shall have actually
paid the invoice containing such charges, then within thirty
(30) Days after the final determination thereof, either Seller
shall refund the amount of any such overcharge or Customer
shall pay the amount of any such undercharge. In the event an
error is discovered in the amount invoiced in any invoice
rendered by Seller, such error shall be adjusted within thirty
(30) Days of the determination thereof, provided that claim
therefor shall have been made within thirty (30) Days from the
date of discovery of such error, but in any event within six
(6) Months from the date of such invoice. The party receiving
such request for adjustment shall have three (3) Months to
rebut such claim otherwise the invoice shall be adjusted as
requested. The preceding time limits do not apply to
deliberate omission or misrepresentation or mutual mistake of
fact or government required rate changes. The parties
statutory or contractual rights shall not otherwise be
diminished by this Section. If the parties are unable to agree
on the adjustment of any claimed error, any resort by either
of the parties to legal proceedings shall be commenced within
fifteen (15) Months after the supposed cause of action is
alleged to have arisen, or shall thereafter be forever barred.
9. FORCE MAJEURE
9.1 Definition. The term "force majeure" as used herein shall
mean acts of God, strikes, lockouts, or other industrial
disturbances; acts of the public enemy, wars, blockades,
insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, storms (including but not limited to
tornadoes or tornado warnings), crevasses, floods, washouts;
arrests and restraints of the government, either Federal or
State, civil or military, civil disturbances. Relative to
Sellers service and solely to the operation of its system,
force majeure shall also mean shutdowns for purposes of
necessary repairs, relocation, or construction of facilities;
breakage or accident to machinery, wells or lines of pipe or
| Bluelake Gas Storage Company |
|
Original Sheet No. 145 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
casings; testing (as required by governmental authority or as
deemed necessary by Seller for the safe operation of the
underground storage reservoir and facilities required to
perform the service hereunder), the necessity of making
repairs or alterations to machinery or lines of pipe; failure
of wells, surface equipment or pipe lines, well or line freeze
ups; accidents, breakdowns, inability to obtain necessary
materials, or supplies or permits, or labor or land rights to
perform or comply with any obligation or condition of this
Agreement; an occurrence of nominations made by Customers on
any Day pursuant to Section 4 of these General Terms and
Conditions that are greater than zero (0) and less than 50,000
Dekatherms, in the aggregate; and any other causes, whether of
the kind herein enumerated or otherwise which are not
reasonably in Sellers control. It is understood and agreed
that the settlement of strikes or lockouts or controversies
with landowners involving rights of way shall be entirely
within Sellers discretion and that the above requirement that
any force majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes or
lockouts or controversies with landowners involving rights of
way by acceding to the demands of the opposing party when such
course is inadvisable in the discretion of Seller.
9.2 Force Majeure. If by reason of force majeure either party
hereto is rendered unable, wholly or in part, to carry out its
obligations under this Agreement, it is agreed that on such
party giving notice in full particulars of such force majeure
in writing to the other party within a reasonable time after
the occurrence of the cause relied on, the party giving such
notice, so far as and to the extent that it is affected by
such force majeure, shall not be liable in damages during the
continuance of any inability so caused, but for no longer
period, and such cause shall so far as possible be remedied
with all reasonable dispatch. Seller shall not be liable in
damages to Customer other than for acts of gross negligence or
willful misconduct and then only where force majeure does not
apply.
9.3 Limitations. Such force majeure affecting the performance
hereunder by either Seller or Customer, however, shall not
relieve such party of liability in the event of concurring
negligence or in the event of failure to use due diligence to
| Bluelake Gas Storage Company |
|
Sub Second Revised Sheet No. 146 : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 146 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
remedy the situation and to remove the cause in an adequate
manner and with all reasonable dispatch, nor shall such causes
or contingencies affecting such performance relieve Customer,
in whole or in part, from its obligations to pay the monthly
charges provided for in Section 8 of these General Terms and
Conditions.
10. PRIORITY OF SERVICE REQUESTS AND SERVICE AGREEMENTS
10.1 FIRM STORAGE
(a) Priority Of Request For Initial Firm Storage Agreements:
After notification, pursuant to Section 14 of these
General Terms and Conditions hereof, that Seller has
available firm Storage capacity which is not subject to
contract or is released pursuant to Section 8 of Rate
Schedule FS, Seller will accept requests that Seller
enter into an Agreement for firm Storage Service. Except
as provided in Section 10.1(b), below, the order of
priority among such requests shall be based upon the
economic value of the transaction to Seller, with the
transaction producing the greatest economic value having
the highest priority of request, provided, however, that
nothing herein shall require Seller to provide service at
any rates less than Seller's applicable Maximum Rates,
and provided further, that Seller shall not be required
to enter into Service Agreements with terms of more than
one Year unless Customer has a long-term debt rating of
at least Baa3 according to Moody's Investors Service or
BBB- according to Standard & Poor's Corporation or if its
obligations to the Seller are guaranteed by a person with
a long-term debt rating equal to or greater than stated
above. Economic value shall be determined on the basis
of the product of the term of service in years in the
request, (using a term not to exceed twenty (20) years)
and the Reservation Charges for each year in the life of
the Agreement agreed to in the request by the requesting
party, discounted to present value by the then-current
interest rate determined in accordance with Section
154.501(d) of the Commission's Rules and Regulations.
The sum of the present value for each year in the life of
the Agreement shall be the economic value of the
Agreement. In the event two or more bids with equal
| Bluelake Gas Storage Company |
|
Fifth Revised Sheet No. 147 : Effective |
| FERC Gas Tariff | | Fourth Revised Sheet No. 147 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
economic values are received for combined capacity in
excess of the quantity of available firm capacity, the
capacity will be allocated on a first come first
served basis.
(b) Right of First Refusal:
Any Customer or Replacement Customer with an FS Agreement
paying Maximum Rates and (1) having a term of twelve (12)
consecutive Months or more, or (2) a term for more than
one year for a service not available 12 consecutive
Months, may exercise a right to continue to receive
service under that Agreement for all or a portion of the
firm capacity under the Agreement at the expiration of
the Agreements term provided that Customer notifies
Seller twelve (12) months prior to the expiration of the
Agreement of its intent to continue service under the
Agreement, and will match the best offer made by others
for such capacity or portion thereof by offering a rate
and term of Agreement that produces an equivalent or
greater economic value (using a term not to exceed five
(5) years) for such capacity as defined in Section
10.1(a), above, provided that Seller shall not be
obligated to enter into an extension of any Agreement or
continue service at any rate less than Sellers Maximum
applicable Rates in effect at the time of renewal, nor
shall Seller be obligated to enter into an extension of
any Agreement or continue service to any Customer or
Replacement Customer who fails to meet the
Creditworthiness requirements set forth in Section 11.5
of these General Terms and Conditions.
After Customer has notified Seller of its intent to
continue service, the capacity available under Customers
Agreement will be posted on Sellers Internet Site for
bid. Seller will accept bids for this capacity from the
time of posting up to and including, but no later than,
the forty-fifth (45th) Day prior to the date the existing
Agreement is scheduled to expire. Within five (5)
Business Days of the date bidding ends, Seller will notify
Customer of the bid received having the greatest economic
value, as defined by Section 10.1(a), above. Customer will
have ten (10) Business Days to notify Seller whether it
will match the rate and term offered in the best bid (term
will be limited to five (5) years), and if so will execute
a new Service Agreement matching the offer prior to the
termination of the existing Agreement.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 148 : Effective |
| FERC Gas Tariff | | Original Sheet No. 148 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
If no bids are received, Customer may continue to receive
service under a new Agreement at the applicable Maximum
Rate, or at a rate agreed to by Customer and Seller.
(c) Priority Of Firm Storage Under Agreements: All firm
Storage Agreements shall have equal priority as to
service, and shall have priority over interruptible
Storage Services under Rate Schedule IS. Service under
both FS and IS shall have priority over Overrun Service.
10.2 INTERRUPTIBLE STORAGE
(a) Priority Of Nominations For Interruptible Service:
Seller, in determining the allocation of interruptible
service capacity on any Day among Customers under Rate
Schedule IS, which have nominated quantities of service
desired on such Day, shall be assigned the order of
priority of such service on the basis that the highest
rate offered for such service shall be accorded the
highest priority. If more than one nomination or request
for interruptible Storage on a Day includes an offer of
the same rate, then the order of priority as among such
nominations or requests shall be the same, and if the
available capacity is insufficient to provide the full
level of service proposed in such nominations or
requests, the service provided shall be allocated among
such Customers pro rata based on the quantities nominated
or requested.
(b) A Customer desiring service under Rate Schedule IS in a
Month shall submit to Seller, at least five (5)
Business Days prior to the start of such Month, the
rate that such Customer is willing to pay for such
service in such Month. The rate submitted by Customer
pursuant to the above provision shall be used to
determine priority among nominations on each Day of
such Month. Once Customers nomination is accepted,
and priority is assigned thereto pursuant to this
section for such Month, such priority shall not be
changed by the execution of new IS Agreements during
the Month for service under Rate Schedule IS.
(c) Notwithstanding the provisions of this Section 10.2,
if a Customer under Rate Schedule IS fails to submit a
| Bluelake Gas Storage Company |
|
Original Sheet No. 149 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
timely nomination for service for a Month, pursuant to
these General Terms and Conditions, for such service,
then such Customers priority for such service for that
Month, shall be changed, on the first Day of that Month,
to a ranking below that of all other Customers who have
made timely nominations for service.
10.3 Overrun Service
All requests for Overrun Service under Rate Schedules FS or IS
shall rank in priority below requests for service which are
within the Customers respective Maximum Storage Quantities.
If some, but not all, overrun service requests can be
performed, the service shall be allocated pro rata to the
Maximum Storage Quantities of the Customers requesting the
overrun service.
10.4 Communications
In offering service from time to time pursuant to this Section
10, to a Customer under an Agreement, Seller may deem any
offer made by telephone or other instant communication method
to have been refused if acceptance thereof is not communicated
to Seller within six (6) normal working hours after such
offer, or as otherwise agreed to by the parties.
11. MISCELLANEOUS
11.1 Responsibility for Gas. Upon receipt of Gas to be stored,
Seller shall be in exclusive control and possession of such
Gas and responsible for any loss thereof, or any and all
injury or damage caused thereby, until the Equivalent
Quantities of Gas have been delivered for the account of
Customer after which Customer shall be in exclusive control
and possession of such Gas and responsible for any and all
injury or damage caused thereby.
11.2 Warranty. Customer or Replacement Customer warrants for
itself, its successors, and assigns, that it has, or will
have, at the time of delivery of the Gas for injection
hereunder good title to such Gas and/or good right to cause
the Gas to be delivered to Seller for Storage. Customer or
Replacement Customer warrants for itself, its successors, and
assigns, that the Gas it warrants hereunder shall be free and
clear of all liens, encumbrances or claims, that it will
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 150 : Effective |
| FERC Gas Tariff | | Original Sheet No. 150 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
indemnify and save Seller harmless from all suits, actions,
debts, accounts, damages, costs, losses, and expenses arising
from or out of adverse claims of any and all persons to said Gas
and/or to royalties, taxes, license fees, or charges thereon
which are directly applicable to such delivery of Gas and that it
will indemnify and save Seller harmless from all taxes or
assessments which may be directly levied and assessed upon such
delivery and which are by law payable and the obligation of the
party making such delivery.
11.3 Waivers. No waiver by either Seller or Customer of any one or
more defaults by the other in the performance of any provisions
hereunder shall operate or be construed as a waiver of any
future default or defaults, whether of a like or a different
character. Seller shall retain the right to waive, with respect
to Customer, any Section of these General Terms and Conditions
and Rate Schedules FS and IS, if Seller does so in a non-
discriminatory manner.
11.4 Assignments. Any company which shall succeed by purchase,
merger or consolidation to the properties, substantially as an
entirety, of Customer or of Seller, as the case may be, shall if
eligible be entitled to the rights and shall be subject to the
obligations of its predecessor in title under the Service
Agreement(s) between Seller and Customer. Either Seller or
Customer may assign any of its rights or obligations under its
Service Agreement(s) to a financially responsible corporation
with which it is affiliated at the time of such assignment.
Furthermore, Seller may, as security for its indebtedness,
assign, mortgage or pledge any of its rights or obligations
under its Service Agreement(s), including its rights to receive
payments, to any other entity, and Customer will execute any
consent agreement with such entity and provide such certificates
and other documents as Seller may reasonably request in
connection with any such assignment. Customer also may assign
or pledge its Service Agreement(s) under the provisions of any
mortgage, deed of trust, indenture or similar instrument which
it has executed or may hereafter execute covering substantially
all of its properties. Otherwise, except as provided in Section
8 of Rate Schedule FS neither party shall assign its Service
Agreement(s) or any of its rights thereunder unless it first
shall have obtained the consent thereto in writing of the other
party.
| Bluelake Gas Storage Company |
|
Original Sheet No. 151 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
11.5 Creditworthiness. Seller shall not be required to commence
service or, subject to the following provisions, to continue
to provide service and may terminate a Agreement with any
Customer under Rate Schedule FS with a primary term of one
year or less and Service Agreements under Rate Schedule IS,
if:
(1) Customer is or has become insolvent;
(2) Customer has applied for bankruptcy under Chapter
11 of the Bankruptcy Code, or which is subject to
similar proceedings under State or Federal law; or
(3) Customer, when requested by Seller to demonstrate
creditworthiness, fails to do so in Sellers
reasonable judgement, in light of previous payment
experience and changes thereto and the prudent
credit analysis of information available; provided,
however, that any such Customer that is receiving
service shall continue to receive service for a
period of fifteen (15) Days after written notice by
Seller of any such circumstance, and shall continue
thereafter to receive service if, within such
fifteen (15) Day notice period, such Customer:
(i) deposits with Seller and maintains, on account,
an amount which would be due for three (3)
Months service at the full contract quantities
set forth in the Service Agreement; or
(ii)
furnishes good and sufficient security, which
may include an acceptable standby letter of
credit, or monthly prepayment agreement or
other security as reasonably determined by
Seller, of a continuing nature and in an amount
equal to such amounts which would be due for
service. If such payment on account or payment
security is not received within such fifteen
(15) Day notice period, Seller may, without
waiving any rights or remedies it may have,
suspend further service for a period of ten
(10) Days.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 152 : Effective |
| FERC Gas Tariff | | Original Sheet No. 152 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
If such payment on account or a payment security is
not received within such ten (10) Day suspension
period, then Seller shall no longer be obligated to
continue to provide service to such Customer.
Seller shall not be required to commence service, or subject to
the following provisions, to continue to provide service and
may terminate a Service Agreement with any Customer under Rate
Schedule FS having a term of more than one year if Customer, or
its guarantor, fails to maintain a long-term debt rating issued
by either Moodys Investors Service, or Standard and Poors
Corporation, or Customers, or its guarantors, long-term debt
rating issued by Moodys Investors Service or Standard and
Poors Corporation falls below a rating of at least Baa3
according to Moodys Investors Service or BBB- according to
Standard & Poors Corporation; provided, however, that any such
Customer that is receiving service shall continue to receive
service for a period of three (3) Months during which Customer
shall have the ability to:
(1) attain minimum long-term debt ratings as described above;
or
(2) secure a guarantee by a person with a minimum long-term
debt rating as described above, provided further, if
Customer should fail to meet the requirements set forth
within the three (3) Month period, Seller shall have the
right to market the capacity underlying the Service
Agreement(s) in question to other Customers meeting the
requirements as set forth herein.
11.6 Interpretation of Laws. Any Agreement shall be interpreted,
performed and enforced in accordance with the laws of the State
of Michigan.
11.7 Regulations. Any Agreement, and all terms and provisions herein,
and the respective obligations of the parties thereunder are
subject to valid laws, orders, rules and regulations of duly
constituted authorities having jurisdiction.
| Bluelake Gas Storage Company |
|
Fourteenth Revised Sheet No. 153 : Effective |
| FERC Gas Tariff | | Thirteenth Revised Sheet No. 153 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
11.8 No Third-Party Beneficiary. It is expressly agreed that there
is no Third-Party Beneficiary or any Agreement, and that the
provisions of any Agreement and these General Terms and
Conditions do not impart enforceable rights in anyone who is
not a party or successor or assignee of any party to an
Agreement herein.
11.9 Counterparts. Any Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but
all of which together shall constitute but one and the same
instrument.
11.10 Heading. The headings contained in any Agreement are for
reference purposes only and shall not affect the meaning or
interpretation of any Agreement.
11.11 Compliance with North America Energy Standards Board. Seller
has adopted all of the business practices and electronic
communication standards that were incorporated in 18 CFR
284.12(a) in accordance with Order No. 587 et al and Order
698. Seller specifically incorporates the following practices
and standards of Version 1.8, except that Standard 4.3.23
refers to 2008 Annual Plan Item 10, into this Tariff.
Notwithstanding this Section 11.11, Seller shall adhere to the
NAESB Standards as modified by Order No. 717. Standard Nos.
0.2.1-0.2.3, 0.3.1-0.3.15, 0.4.1, 1.2.8-1.2.19, 1.3.2(vi), 1.3.15,
1.3.16, 1.3.22-1.3.31, 1.3.32, 1.3.35-1.3.77, 1.3.79, 1.4.1-1.4.4,
1.4.5-1.4.7, 2.2.1-2.2.5, 2.3.1-2.3.6, 2.3.8, 2.3.10-2.3.13,
2.3.15-2.3.23, 2.3.25, 2.3.27, 2.3.28, 2.3.29, 2.3.30, 2.3.31-
2.3.35, 2.3.40-2.3.65, 2.4.1-2.4.18, 3.3.1-3.3.8, 3.3.10-3.3.13,
3.3.16, 3.3.20, 3.3.21-3.3.26, 3.4.1-3.4.4, 4.2.1-4.2.20, 4.3.1-
4.3.3, 4.3.5, 4.3.16-4.3.18, 4.3.20, 4.3.22-4.3.25, 4.3.26-4.3.36,
4.3.38-4.3.62, 4.3.65-4.3.69, 4.3.72-4.3.76, 4.3.78-4.3.87, 4.3.89-
4.3.93, 5.2.1-5.2.3, 5.3.9, 5.3.17, 5.3.18, 5.3.20, 5.3.21, 5.3.30-
5.3.43, 5.3.46, 5.3.47, 5.3.48, 5.3.50, 5.3.52, 5.3.59, 5.3.60,
5.4.1-5.4.23, 10.2.1-10.2.38, 10.3.1, 10.3.3-10.3.25.
12. FACILITIES
Unless otherwise agreed to by the parties, Seller shall not be
required to own, construct and install any facilities to perform the
service requested by Customer. In the event Seller agrees to own,
construct and install facilities to perform the service requested by
Customer including, but not limited to, hot tap, processing,
measurement, injection/withdrawal wells, gathering system pipe line
looping and/or compression facilities, Customer shall reimburse
Seller for all Seller's costs associated therewith either on a lump
sum or incremental fee basis as agreed to by the parties.
| Bluelake Gas Storage Company |
|
Third Revised Sheet No. 154 : Effective |
| FERC Gas Tariff | | Second Revised Sheet No. 154 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
13. BILLING ADJUSTMENT FOR LIQUIDS REVENUES
13.1 Monthly Billing Adjustment. A billing adjustment shall be made
monthly to Customers bills rendered pursuant to Section 8 of
these General Terms and Conditions, to reflect the credit, if
any, for Liquids Revenues collected by Seller. A pro rata
allocation of such revenue will be credited to each Customer,
and will appear on the invoice for the next Months business
following actual receipt by Seller of such revenues.
13.2 Allocation Base. Customers will receive a pro rata allocation
of a particular Months Liquids Revenues, based upon the
following allocation base:
(a) Rate Schedule FS Customers: The Maximum Storage Quantity
such Customer had a right to store in the Month the
Liquids Revenues were received; and
(b) Rate Schedule IS Customers: The Average Monthly Storage
Volume the Customer stored in the Month the Liquids
Revenues were received.
13.3 Monthly Credit. Each Customer will receive a Monthly credit
based upon the formula
X (Y / Z), where:
X = Total Liquids Revenues collected by Seller in a Month
Y = The Customers allocation base derived in accordance with
Section 13.2, above; and
Z = The Sum of all of Customers allocation bases derived in
accordance with Section 13.2, above.
14. INTERNET WEBSITE
Seller has established an Internet Website ("Internet Site") through
the use of a third party provider Latitude Technologies, Inc. that
will be available to any existing or potential Customer on Sellers
system. The Internet Site shall be interactive and contain relevant
informational posting requirements. Such site is located at
"www.latec.com/bluelake". Seller shall notify Customer of any change
to its Internet Site procedures or Web address.
| Bluelake Gas Storage Company |
|
Third Revised Sheet No. 155 : Effective |
| FERC Gas Tariff | | Second Revised Sheet No. 155 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
Seller may also charge a fee to users of the Internet Site to recover
variable costs associated with the Internet site.
Latitude Technologies, Inc. shall maintain daily backups of all
pipeline files and archive them for a period of three (3) years
pursuant to Commission regulations, and shall allow any Customer
access to such historical information, for a reasonable fee, within
a reasonable period of any such request.
15. RESPONSIBILITY FOR ASSOCIATED TRANSPORTATION
The transportation of quantities to be stored hereunder to and from
the Point of Injection/Withdrawal is solely the Customers
responsibility.
16. TITLE TRANSFERS OF GAS IN STORAGE
16.1 A Customer may sell Working Storage Gas to any other Customer
under a Rate Schedule with the same priority, either firm or
interruptible, if:
(a) Both purchaser and seller of the Working Storage Gas
provides Blue Lake with verification of the transfer in
writing; and
(b) The purchase does not cause either Customer to exceed its
Maximum Storage Quantity, as specified in the Customers
Service Agreement.
16.2 Blue Lake will recognize the transfer for purposes of computing
available Working Storage Gas and applicable Injection and
Withdrawal Quantities on a prospective basis within 24 hours
after receiving the written verification required by Section
16.1(a), above.
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 155A : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 155A |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
17. OPERATIONAL FLOW ORDER ("OFO")
17.1 General. Seller, in its discretion, shall have the right to
issue OFOs when in its judgement it is necessary to maintain or
restore the operational integrity of Sellers Storage system.
Seller will not be required to issue an OFO:
(a) to redeliver Gas to any Customer that has not tendered
Equivalent Quantities of Gas to Sellers Storage system;
or
(b) to any other pipeline in order to obtain access to
quantities of Gas, except to the extent that such
quantities of Gas are being transported by such pipeline
for the account of a Customer.
Seller shall not be required to respond to any OFO that it
receives from an interstate pipeline that is not currently
providing Equivalent Quantities and pressures of Gas to Seller,
unless Seller is a customer on that pipeline.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 155B : Effective |
| FERC Gas Tariff | | Original Sheet No. 155B |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
17.2 Forms of OFOs. An OFO may:
(a) direct any Customer to increase/decrease quantities
injected or withdrawn or increase/decrease pressures
at a Point of Injection/Withdrawal, in accordance with
Section 17.4, below; or
(b) implement verbal arrangements with transporters; or
(c) enable Seller to take or require any other actions as
may be deemed necessary by Seller in its judgement in
order to maintain the operational integrity of Sellers
Storage system.
17.3 OFO Operations Conditions. OFOs may be issued in any of the
following circumstances:
(a) to alleviate conditions that threaten the operational
integrity of Sellers Storage system; or
(b) to maintain minimum necessary pressures for Storage
operations; or
The OFO will remain in effect until the operational condition
requiring its issuance has been remedied.
17.4 Condition to Firm Service Agreements.
(a) Seller may issue an effective OFO to any Customer under
Rate Schedule FS to (1) increase/decrease quantities
tendered to Seller for Storage at Customers Point of
Injection/Withdrawal, up to Customers Maximum Daily
Injection Quantity; (2) increase/decrease quantities
requested to be withdrawn from Storage at the Point of
Injection/Withdrawal, up to Customers Maximum Daily
Withdrawal Quantity. Customer will be required to
comply with such OFO within twenty-four (24) hours
prior notice.
| Bluelake Gas Storage Company |
|
Second Revised Sheet No. 155C : Effective |
| FERC Gas Tariff | | First Revised Sheet No. 155C |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(b) Seller will require, as a condition in each firm Service
Agreement, that Customer guarantee that Seller will have
the right to issue an effective OFO to any transporter or
owner of Gas being supplied to any Customer, whether such
OFO is required to be effectuated at the Point of
Injection/Withdrawal. Seller shall issue an OFO pursuant
to this Section 17.4(b) only if (1) Customer has elected
to grant such authority to Seller for the issuance of all
OFOs; or (2) Seller is required to issue the OFO without
providing the twenty-four (24) hours notice referenced in
Section 17.4(a), above.
(c) Seller shall develop a rotating schedule of Customers at
the Point of Injection/Withdrawal to establish the
priority of the Customer that will receive an OFO in the
event Seller requires additional supplies.
17.5 OFO NOTICE, CONTENTS AND PROCEDURES. Seller shall issue an OFO
as expeditiously as is reasonably practicable in the
circumstances, utilizing electronic communication, (information
transmitted via Sellers Internet Site, electronic delivery
mechanism prescribed by NAESB or other mutually agreed
communication methodologies used to transmit and receive
information, including communication by telephone). Seller
shall post and provide Customers with updated information
concerning the status of operational variables related to the
OFO as soon as it is available. Each OFO will contain the
following provisions:
(a) time and date of issuance;
(b) time that the OFO is considered to be effective (if no
time is specified, the OFO shall be effective
immediately);
(c) duration of the OFO (if none is specified, the OFO will
be effective until further notice);
(d) the party or parties receiving the OFO;
(e) the quantity of Gas required to remedy the operational
condition requiring the issuance of the OFO; and
(f) any other terms Seller may reasonably require to
ensure the effectiveness of the OFO.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 155D : Effective |
| FERC Gas Tariff | | Original Sheet No. 155D |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
17.6 Failure to Comply with OFO. If Customer or agent fails to
comply with the terms of an OFO, for any reason other than force
majeure on an upstream or downstream pipeline, such Customer
shall be: (a) liable for any damages including, but not limited
to direct, consequential, exemplary or punitive damages incurred
by Seller or any other affected party as a result of such
failure. Notwithstanding anything to the contrary in this
Section 17.6, if Customer is required to make a nomination
pursuant to an OFO, unless critical circumstances dictate
otherwise, no damages and/or penalties will be assessed unless
Customer is given the opportunity to correct the circumstances
giving rise to the OFO.
17.7 Sellers Liability for OFOs. Seller shall not be liable to any
person for any costs, damages or other liability associated with
the issuance of, or the failure to issue, any OFOs, provided,
however, Seller shall be liable for acts of negligence or undue
discrimination, such standards to be judged in light of the
emergency conditions under which OFOs are issued.
17.8 Sellers Scheduling Authority. Seller shall have the right to
act as a scheduling agent for a Customers account if (a) the
Customer refuses to schedule Gas injections or withdrawals as
specified by an OFO issued pursuant to Section 17.4(a); or
(b), above, if Seller requires additional quantities in less
than the twenty-four (24) hour notice period normally required
for an OFO, and the Customer has refused a verbal request to
schedule the required quantity of Gas.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 155E : Effective |
| FERC Gas Tariff | | Original Sheet No. 155E |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
18. BILLING ADJUSTMENT FOR RATE SCHEDULE IS WITHDRAWAL PENALTY
18.1 Billing Adjustment. A billing adjustment shall be made to non-
offending Customers bills crediting all revenues from Rate
Schedule IS Withdrawal Penalties collected by Seller, net of
costs. All such revenue shall be generated from the sale of
Working Storage Gas retained by Seller ("Penalty Gas"). A pro
rata allocation of such revenue will be credited to each non-
offending Customer, and will appear on the invoice for the next
Months business following actual receipt by Seller of such
revenues. Seller shall have 90 Days from the end of the Month,
in which such Penalty Gas was retained, to sell the Penalty Gas.
The Penalty Gas shall be sold as near as practical to the market
rate existing at the time the Penalty Gas is sold. If sale of
Penalty Gas is made to an affiliate of Seller, Seller shall sell
such Penalty Gas at no less than the spot market price on the
Day of such sale.
18.2 Allocation Base. Customers will receive a pro rata allocation
of net penalty revenue, based upon the following allocation
base:
(a) Non-offending Rate Schedule FS Customers: The Maximum
Storage Quantity such Customer had a right to store in
the Month Withdrawal Penalty invoked; and
(b) Non-offending Rate Schedule IS Customers: The Average
Monthly Storage Volume the Customer stored in the Month
Withdrawal Penalty invoked.
18.3 Monthly Credit. Each Customer will receive a Monthly Credit
based upon the formula
X (Y / Z), where:
X = Total net Penalties collected by Seller in a Month
Y = The Customers allocation base derived in accordance with
Section 18.2, above; and
Z = The Sum of all of Customers allocation bases derived in
accordance with Section 18.2, above.
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 156 : Effective |
| FERC Gas Tariff | | Original Sheet No. 156 |
| First Revised Volume No. 1 |
Blue Lake Gas Storage Company
Storage Service Request Form
Send to: Blue Lake Gas Storage Company ("Seller")
717 Texas Street
Houston, Texas 77002-2761 _____________ Date Received
Attention: Transportation Services
Telecopier No.: (832) 320-5706
Verification: (832) 320-5551
NOTE: A check, if required by Section 2.1 of the General Terms
and Conditions of Sellers FERC Gas Tariff, First Revised
Volume No. 1 ("Tariff"), must accompany each Storage
Service Request to be valid.
INFORMATION REQUIRED FOR VALID STORAGE REQUEST
NOTE: ANY CHANGE IN THE FACTS SET FORTH BELOW, WHETHER BEFORE OR AFTER
SERVICE BEGINS, MUST BE PROMPTLY COMMUNICATED TO SELLER IN
WRITING.
1. Requestor: (Do not complete if same as Customer, see No. 3
below)
Requestors Name:________________________________________________
2. Is Requestor affiliated with Seller? YES _____ NO_____
If yes, type of affiliation and the percentage of ownership
between Blue Lake and Requestor__________________________________
3. Customers Name and Address: (Note: The "Customer" is the
party which proposes to execute the Storage Agreement with
Seller).
_________________________________________________________________
_________________________________________________________________
Attention: ______________________ Telephone ( )_______________
Address for ____________________________________________________
Statements ____________________________________________________
& Invoices ____________________________________________________
Attention: ____________________ Telephone ( )_______________
For All ____________________________________________________
Other Matters____________________________________________________
Attention: ____________________ Telephone ( )_______________
Dispatch & Control Representative _______________________________
Telephone No. ( )______________ Telecopier ( )_______________
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 157 : Effective |
| FERC Gas Tariff | | Original Sheet No. 157 |
| First Revised Volume No. 1 |
4. Is Customer affiliated with Seller? YES _____ NO _____
If yes, type of affiliation and the percentage of ownership
between Seller and Customer _________________________________
5. Customer is a(n): (Check One)
_____ Local Distribution Company _____ Producer
_____ Intrastate Pipeline Company _____ End-User
_____ Interstate Pipeline Company _____ Marketer/Broker
_____ Other (Describe) _________________________________________
6. Customer is Acting: (Check One)
_____ for Itself
_____ as Agent for _______________________________________
7. This request is for: (Check One)
_____ Firm Storage Service under Rate Schedule FS
_____ Interruptible Storage Service under Rate Schedule IS
8. Requested Storage Demand Withdrawal Quantity (SDWQ) (FS Only)
_____ Dekatherms per Day*
*Storage Demand Withdrawal Quantity for all firm
services must be 1/70th of the Maximum Storage
Quantity.
9. Requested Maximum Storage Quantity
_____ Dekatherms (Shall not be less than 100,000 Dth,
except for volumes under Section 8 of Rate Schedule
FS.)
10. Term of Service:
Date service is requested to commence: ______________________
Date service is requested to terminate: ______________________
(Agreements for FS shall commence on April 1 and
terminate on March 31 of any following year)
| Bluelake Gas Storage Company |
|
First Revised Sheet No. 158 : Effective |
| FERC Gas Tariff | | Original Sheet No. 158 |
| First Revised Volume No. 1 |
11. Rate Information:
Does Customer agree to pay the applicable Maximum Rate(s) for
the service?
_________ Yes _________ No
If no, provide rate Customer will agree to pay for service
requested, which shall not be less than the applicable Minimum
Rate(s).
FIRM
Deliverability - Monthly ________
Capacity - Monthly ________
Injection ________
Withdrawal ________
INTERRUPTIBLE
Commodity Rate ________
12. Certified Statement:
By submitting this request, Customer certifies that Customer
has or will have by the time of execution of an Agreement with
Seller, title to, or the legal right to cause to be delivered
to Seller, for Storage, the Gas which is to be stored and
facilities or contractual rights which will cause such Gas to
be delivered to and received from Seller.
13. Credit Evaluation: as required by Section 2.2(h) of the
General Terms and Conditions of Sellers Tariff.
THIS STORAGE SERVICE REQUEST IS HEREBY SUBMITTED this _____ day
of ______________, _____.
By ____________________________________________
Telephone Number ( )_______________________