| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 0 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
Original Sheet No. 0
FERC GAS TARIFF
ORIGINAL VOLUME NO. 1
of
TRES PALACIOS GAS STORAGE LLC
Filed with the
FEDERAL ENERGY REGULATORY COMMISSION
Any communications regarding this Tariff should be addressed to:
Laura L. Luce
TRES PALACIOS GAS STORAGE LLC
53 Riverside Avenue
Westport CT 06880
Telephone: 203-557-1000
Facsimile: 203-557-0577
e-mail: lluce@trespalaciosgasstorage.com
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 1 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FERC GAS TARIFF
ORIGINAL VOLUME NO. 1
OF
TRES PALACIOS GAS STORAGE LLC
TABLE OF CONTENTS
Item/Section Sheet No.
PRELIMINARY STATEMENT 3
MAP OF SYSTEM 4
FSS RATE STATEMENT - FIRM STORAGE SERVICE 5
NNSS RATE STATEMENT - NO-NOTICE STORAGE SERVICE 7
FP RATE STATEMENT - FIRM PARKING SERVICE 8
FL RATE STATEMENT - FIRM LOAN SERVICE 9
ISS RATE STATEMENT - INTERRUPTIBLE STORAGE SERVICE 10
IHBS RATE STATEMENT - INTERRUPTIBLE HOURLY BALANCING SERVICE 11
IP RATE STATEMENT - INTERRUPTIBLE PARKING SERVICE 13
IW RATE STATEMENT - INTERRUPTIBLE WHEELING SERVICE 14
IL RATE STATEMENT - INTERRUPTIBLE LOAN SERVICE 15
FSS RATE SCHEDULE - FIRM STORAGE SERVICE 20
NNSS RATE SCHEDULE - NO-NOTICE STORAGE SERVICE 25
FP RATE SCHEDULE - FIRM PARKING SERVICE 28
FL RATE SCHEDULE - FIRM LOAN SERVICE 32
ISS RATE SCHEDULE - INTERRUPTIBLE STORAGE SERVICE 36
IHBS RATE SCHEDULE - INTERRUPTIBLE HOURLY BALANCING SERVICE 41
IP RATE SCHEDULE - INTERRUPTIBLE PARKING SERVICE 47
IW RATE SCHEDULE - INTERRUPTIBLE WHEELING SERVICE 52
IL RATE SCHEDULE - INTERRUPTIBLE LOAN SERVICE 55
GENERAL TERMS AND CONDITIONS 100
1. INTRODUCTORY STATEMENT 100
2. DEFINITIONS 100
3. REQUEST FOR SERVICE 105
4. CAPACITY RELEASE 114
5. PRIORITY, INTERRUPTION OF SERVICE AND OPERATIONAL
FLOW ORDERS 129
6. STORAGE OPERATIONS 134
7. WHEELING OPERATIONS 135
8. NOMINATIONS AND SCHEDULING 135
9. POINT(S) OF RECEIPT AND POINT(S) OF DELIVERY 138
10. QUALITY 139
11. PRESSURE AND INJECTION/WITHDRAWAL RATES 140
12. TITLE AND RISK OF LOSS 141
13. MEASUREMENT 142
14. BILLINGS AND PAYMENTS 143
15. TAXES 144
16. INSURANCE 145
17. FORCE MAJEURE, RESERVATION CHARGE CREDITS 145
18. NOTICES 147
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 2 : Effective |
| FERC Gas Tariff | | Original Sheet No. 2 |
| First Revised Volume No. 1 |
TABLE OF CONTENTS
(CONTINUED)
Item/Section Sheet No.
19. FUEL REIMBURSEMENT 147
20. GAS TITLE TRANSFERS 148
21. PENALTIES 149
22. TRANSMISSION PROVIDER STANDARDS OF CONDUCT 149
23. NORTH AMERICAN ENERGY STANDARDS BOARD 150
24. JOINT OBLIGATIONS 152
25. NON-DISCRIMINATORY WAIVER OF TARIFF PROVISIONS
AND NON-WAIVER OF FUTURE DEFAULTS 152
26. MODIFICATION 152
27. SUCCESSORS IN INTEREST 152
28. DEFAULT AND TERMINATION 153
29. POLICY WITH RESPECT TO FEES AND CONSTRUCTION OF
NEW FACILITIES 154
30. OFF-SYSTEM CAPACITY 154
31. CREDITWORTHINESS 155
32. DISPOSITION OF RETAINED QUANTITIES 158
33. FORM OF SERVICE REQUEST 159
34. TRANSACTION CONFIRMATION PROCEDURE 165
FORMS OF SERVICE AGREEMENTS:
FIRM STORAGE SERVICE AGREEMENT
(FOR USE UNDER RATE SCHEDULE FSS) 200
NO-NOTICE STORAGE SERVICE AGREEMENT
(FOR USE UNDER RATE SCHEDULE NNSS) 208
FIRM PARKING SERVICE AGREEMENT
(FOR USE UNDER RATE SCHEDULE FP) 213
FIRM LOAN SERVICE AGREEMENT
(FOR USE UNDER RATE SCHEDULE FL) 220
INTERRUPTIBLE STORAGE SERVICE AGREEMENT
(FOR USE UNDER RATE SCHEDULE ISS) 226
INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT
(FOR USE UNDER RATE SCHEDULE IHBS) 232
HUB SERVICES AGREEMENT
(FOR USE UNDER RATE SCHEDULES IP, IW, and IL) 238
CAPACITY RELEASE UMBRELLA AGREEMENT 246
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 3 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
PRELIMINARY STATEMENT
This Original Volume No. 1 of the FERC Gas Tariff of TRES
PALACIOS GAS STORAGE LLC ("TRES PALACIOS") contains the Rate
Statements, Rate Schedules and General Terms and Conditions
applicable to open-access storage, hourly balancing, parking,
wheeling, and loaning, services performed by TRES PALACIOS through
use of its facilities located in Texas, pursuant to Rate Schedules
FSS, NNSS, FP, FL, ISS, IHBS, IP, IW and IL.
TRES PALACIOS will charge and collect market-based rates for
all of the services it performs. These market-based rates will
cover all storage and storage-related transportation services TRES
PALACIOS renders.
TRES PALACIOS is a limited liability company principally
engaged in the business of storing and transporting natural gas in
interstate commerce subject to the jurisdiction of the Federal
Energy Regulatory Commission. The TRES PALACIOS facility is
connected to the facilities of the following natural gas pipelines
and local distribution systems:
Transcontinental Gas Pipe Line Corporation
Florida Gas Transmission Company, LLC
Tennessee Gas Pipeline Company
Texas Eastern Transmission, L.P.
Enterprise Texas Pipeline L.P.
Enterprise Intrastate L.P.
Natural Gas Pipeline Company of America
Kinder Morgan Tejas Pipeline, L.P.
Central Texas Gathering System
Nothing in this FERC Gas Tariff is intended to inhibit the
development of, or discriminate against the use of, imbalance
management services provided by third parties or TRES PALACIOS'
Customers. Any party interested in providing imbalance management
services must coordinate with TRES PALACIOS.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 4 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
[INSERT MAP OF TRES PALACIOS' SYSTEM]
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 5 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
RATE STATEMENT - FIRM STORAGE SERVICE*
RATE UNITS
Storage Reservation Market Based/ $/Dth/Month
Charge Negotiable
Payment shall be equal to the Storage Reservation Charge specified
in Customer's executed Firm Storage Service Agreement multiplied
by Customer's Maximum Storage Quantity.
Withdrawal Reservation Market Based/ $/Dth/Month
Charge Negotiable
Payment shall be equal to the Withdrawal Reservation Charge
specified in Customer's executed Firm Storage Service Agreement
multiplied by Customer's Maximum Daily Withdrawal Quantity
Injection Reservation Market Based/ $/Dth/Month
Charge Negotiable
Payment shall be equal to the Injection Reservation Charge
specified in Customer's executed Firm Storage Service Agreement
multiplied by Customer's Maximum Daily Injection Quantity
Storage Injection Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Storage Injection Charge specified
in Customer's executed Firm Storage Service Agreement multiplied
by the Dth quantity Customer shall have delivered to TRES PALACIOS
for injection into storage for each Day during a given Month.
Storage Withdrawal Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Storage Withdrawal Charge specified
in Customer's executed Firm Storage Service Agreement multiplied
by the Dth quantity TRES PALACIOS shall have withdrawn from
storage for Customer's account for each Day during a given Month.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 6 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FSS RATE STATEMENT - FIRM STORAGE SERVICE*
(Continued)
Fuel Market Based/ In Kind %
Reimbursement Negotiable
This amount of Gas shall be reimbursed by Customer in kind, as
determined pursuant to the General Terms and Conditions of this
FERC Gas Tariff and the Customer's executed Firm Storage Service
Agreement.
In addition to the charges specified above, Customer shall pay all
applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or the Firm Storage Service
Agreement and all other applicable surcharges, including, but not
limited to, ACA charges.
*All quantities of Gas are measured in Dekatherms (Dth).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 7 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
NNSS RATE STATEMENT - NO-NOTICE STORAGE SERVICE*
RATE UNITS
No-Notice Market Based/ $/Dth/Month
Reservation Charge Negotiable
Payment shall be equal to the No-Notice Reservation Charge
specified in Customer's No-Notice Storage Service Agreement
multiplied by Customer's No-Notice Maximum Daily Quantity.
Note: The above No-Notice Reservation Charge is in addition to
applicable charges under Rate Schedule FSS pursuant to Customer's
Firm Storage Service Agreement.
In addition to the charges specified above, Customer shall pay all
applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or the No-Notice Storage
Service Agreement and all other applicable surcharges, including,
but not limited to, ACA charges.
*All quantities of Gas are measured in Dekatherms (Dth).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 8 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FP RATE STATEMENT - FIRM PARKING SERVICE*
RATE UNITS
Firm Parking Market Based/ $/Dth/Month
Reservation Charge Negotiable
Payment shall be equal to the Firm Parking Reservation Charge
specified in Customer's executed Firm Parking Service Agreement
multiplied by Customer's Maximum Parking Quantity.
Firm Parking Injection Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Firm Parking Injection Charge
specified in Customer's executed Firm Parking Service Agreement
multiplied by the Dth quantity Customer shall have delivered to
TRES PALACIOS for injection into storage for each Day during a
given Month.
Firm Parking Withdrawal Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Firm Parking Withdrawal Charge
specified in Customer's executed Firm Parking Service Agreement
multiplied by the Dth quantity TRES PALACIOS shall have withdrawn
from storage for Customer's account for each Day during a given
Month.
Fuel Market Based/ In Kind %
Reimbursement Negotiable
This amount of Gas shall be reimbursed by Customer in kind, as
determined pursuant to the General Terms and Conditions of this
FERC Gas Tariff and the Customer's executed Firm Parking Service
Agreement.
In addition to the charges specified above, Customer shall pay all
applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or the Firm Parking Service
Agreement and all other applicable surcharges, including, but not
limited to, ACA charges.
*All quantities of Gas are measured in Dekatherms (Dth).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 9 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FL RATE STATEMENT - FIRM LOAN SERVICE*
RATE UNITS
Firm Loan Market Based/ $/Dth/Month
Reservation Charge Negotiable
Payment shall be equal to the Firm Loan Reservation Charge
specified in Customer's executed Firm Loan Service Agreement
multiplied by Customer's Maximum Loan Quantity.
Firm Loan Injection Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Firm Loan Injection Charge specified
in Customer's executed Firm Loan Service Agreement multiplied by
the Dth quantity Customer shall have delivered to TRES PALACIOS
for injection into storage for each Day during a given Month.
Firm Loan Withdrawal Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Firm Loan Withdrawal Charge
specified in Customer's executed Firm Loan Service Agreement
multiplied by the Dth quantity TRES PALACIOS shall have withdrawn
from storage for Customer's account for each Day during a given
Month.
Fuel Market Based/ In Kind %
Reimbursement Negotiable
This amount of Gas shall be reimbursed by Customer in kind, as
determined pursuant to the General Terms and Conditions of this
FERC Gas Tariff and the Customer's executed Firm Loan Service
Agreement.
In addition to the charges specified above, Customer shall pay all
applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or the Firm Loan Service
Agreement and all other applicable surcharges, including, but not
limited to, ACA charges.
*All quantities of Gas are measured in Dekatherms (Dth).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 10 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
ISS RATE STATEMENT - INTERRUPTIBLE STORAGE SERVICE*
RATE UNITS
Storage Inventory Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Storage Inventory Charge specified
in Customer's executed Interruptible Storage Service Agreement
multiplied by the Dth quantity of Customer's Storage Inventory at
the end of each Day, such amounts summed for all Days in a given
Month.
Storage Injection Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Storage Injection Charge specified
in Customer's executed Interruptible Storage Service Agreement
multiplied by the Dth quantity Customer shall have delivered to
TRES PALACIOS for injection into storage for each Day during a
given Month.
Storage Withdrawal Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Storage Withdrawal Charge specified
in Customer's executed Interruptible Storage Service Agreement
multiplied by the Dth quantity TRES PALACIOS shall have withdrawn
from storage for Customer's account for each Day during a given
Month.
Fuel Market Based/ In Kind %
Reimbursement Negotiable
This amount of Gas shall be reimbursed by Customer in kind, as
determined pursuant to the General Terms and Conditions of this
FERC Gas Tariff and the Customer's executed Interruptible Service
Agreement.
In addition to the charges specified above, Customer shall pay all
applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or the Interruptible Storage
Service Agreement and all other applicable surcharges, including,
but not limited to, ACA charges.
* All quantities of Gas are measured in Dekatherms (Dth).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 11 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IHBS RATE STATEMENT - INTERRUPTIBLE HOURLY BALANCING
SERVICE*
RATE UNITS
Hourly Balancing Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Hourly Balancing Charge specified in
Customer's executed Interruptible Hourly Balancing Service
Agreement multiplied by the Dth of Customer's hourly balancing
quantity, such amounts summed for all hours in a given Month.
Storage Inventory Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Storage Inventory Charge specified
in Customer's executed Interruptible Hourly Balancing Service
Agreement multiplied by the Dth quantity of Customer's Storage
Inventory at the end of each Day, such amounts summed for all Days
in a given Month.
Storage Injection Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Storage Injection Charge specified
in Customer's executed Interruptible Hourly Balancing Service
Agreement multiplied by the Dth quantity Customer shall have
delivered to TRES PALACIOS for injection into storage for each Day
during a given Month.
Storage Withdrawal Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Storage Withdrawal Charge specified
in Customer's executed Interruptible Hourly Balancing Service
Agreement multiplied by the Dth quantity TRES PALACIOS shall have
withdrawn from storage for Customer's account for each Day during
a given Month.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 12 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IHBS RATE STATEMENT - INTERRUPTIBLE HOURLY BALANCING
SERVICE*
(Continued)
Fuel Market Based/ In Kind %
Reimbursement Negotiable
This amount of Gas shall be reimbursed by Customer in kind, as
determined pursuant to the General Terms and Conditions of this
FERC Gas Tariff and the Customer's executed Interruptible Hourly
Balancing Service Agreement.
In addition to the charges specified above, Customer shall pay all
applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or the Interruptible Hourly
Balancing Service Agreement and all other applicable surcharges,
including, but not limited to, ACA charges.
* All quantities of Gas are measured in Dekatherms (Dth).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 13 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IP RATE STATEMENT - INTERRUPTIBLE PARKING SERVICE
RATE UNITS
Interruptible Parking Market Based/ $/Dth
Charge Negotiable
Interruptible Parking Market Based/ $/Dth
Injection Charge Negotiable
Interruptible Parking Market Based/ $/Dth
Withdrawal Charge Negotiable
Payment shall be equal to the Interruptible Parking Charge
multiplied by the Dth quantity of Customer's Park Balance at the
end of each Day, such amounts summed for all Days in a given
Month, plus the Interruptible Parking Injection Charge multiplied
by the quantity injected, plus the Interruptible Parking
Withdrawal Charge multiplied by the quantity withdrawn, as
applicable and specified in Exhibit A of the Customer's Hub
Services Agreement.
Fuel Market Based/ In Kind %
Reimbursement Negotiable
This amount of Gas shall be reimbursed by Customer in kind, as
determined pursuant to the General Terms and Conditions of this
FERC Gas Tariff and Exhibit A of the Customer's Hub Services
Agreement.
In addition to the charges specified above, Customer shall pay all
applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or Exhibit A of the Hub
Services Agreement and all other applicable surcharges, including,
but not limited to, ACA charges.
* All quantities of Gas are measured in Dekatherms (Dth).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 14 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IW RATE STATEMENT - INTERRUPTIBLE WHEELING SERVICE*
RATE UNITS
Interruptible Wheeling Market Based/ $/Dth
Charge Negotiable
Payment shall be equal to the Interruptible Wheeling Charge
multiplied by the Dth quantity TRES PALACIOS shall have wheeled
for Customer during a given invoice period, as specified in
Exhibit A of the Customer's Hub Services Agreement.
Fuel Market Based/ In Kind %
Reimbursement Negotiable
This amount of Gas shall be reimbursed by Customer in kind, as
determined pursuant to the General Terms and Conditions of this
FERC Gas Tariff and Exhibit A of the Customer's Hub Services
Agreement.
In addition to the charges specified above, Customer shall pay all
applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or Exhibit A of the Hub
Services Agreement and all other applicable surcharges, including,
but not limited to, ACA charges.
* All quantities of Gas are measured in Dekatherms (Dth).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 15 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IL RATE STATEMENT - INTERRUPTIBLE LOAN SERVICE*
RATE UNITS
Interruptible Loan Market Based/ $/Dth
Charge Negotiable
Interruptible Loan Market Based/ $/Dth
Injection Charge Negotiable
Interruptible Loan Market Based/ $/Dth
Withdrawal Charge Negotiable
Payment shall be equal to the Interruptible Loan Charge multiplied
by the Dth quantity of Customer's Loan Balance at the end of each
Day, such amounts summed for all Days in a given Month, plus the
Interruptible Loan Injection Charge multiplied by the quantity
TRES PALACIOS shall have injected for Customer's account, plus the
Interruptible Loan Withdrawal Charge multiplied by the quantity
TRES PALACIOS shall have withdrawn for Customer's account, as
applicable and specified in Exhibit A of the Customer's Hub
Services Agreement.
Fuel Market Based/ In Kind %
Reimbursement Negotiable
This amount of Gas shall be reimbursed by Customer in kind, as
determined pursuant to the General Terms and Conditions of this
FERC Gas Tariff and Exhibit A of the Customer's Hub Services
Agreement.
In addition to the charges specified above, Customer shall pay all
applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or Exhibit A of the Hub
Services Agreement and all other applicable surcharges, including,
but not limited to, ACA charges.
* All quantities of Gas are measured in Dekatherms (Dth).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet Nos. 16-19 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
SHEET NOS. 16-19 ARE RESERVED FOR FUTURE USE.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 20 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FSS RATE SCHEDULE
FIRM STORAGE SERVICE
1. AVAILABILITY
This Rate Schedule is available to any Customer for the
purchase of firm Gas storage service from TRES PALACIOS, provided
that:
(a) TRES PALACIOS has determined that it has sufficient
operationally available and uncommitted firm storage capacity and
injection and withdrawal capacity to perform the service Customer
has requested;
(b) Customer and TRES PALACIOS have executed a Firm
Storage Service Agreement under this Rate Schedule;
(c) Customer accepts responsibility for arranging any
transportation service required for utilization of the storage
service provided under this Rate Schedule;
(d) Availability of service under this Rate
Schedule shall be subject to a determination by TRES PALACIOS that
its performance of the service requested hereunder shall not cause
a reduction in TRES PALACIOS' ability to provide Firm Storage
Services under currently effective Storage Service Agreements; and
(e) Service under this Rate Schedule may not be
available to the extent that TRES PALACIOS would be required to
construct, modify, expand or acquire any facilities to enable TRES
PALACIOS to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all firm storage service
rendered by TRES PALACIOS to Customer through use of TRES
PALACIOS' storage facility located in Texas pursuant to an
executed Firm Storage Service Agreement.
2.1 Firm Storage Service rendered to Customer under this
Rate Schedule shall consist of:
(a) Receipt on any Day of Customer's Gas per Customer's
nomination up to Customer's Maximum Daily Injection Quantity
("MDIQ") as stated in the executed Firm Storage Service Agreement,
plus Fuel Reimbursement at the Point(s) of Receipt and the
injection of Gas so received into storage, provided Customer's
Storage Inventory has not exceeded Customer's Maximum Storage
Quantity;
(b) The storage of Gas in amounts up to Customer's firm Maximum
Storage Quantity ("MSQ"); and
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 21 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FSS RATE SCHEDULE
FIRM STORAGE SERVICE
(Continued)
(c) The withdrawal from storage on any Day of Customer's Gas per
Customer's nomination up to Customer's Maximum Daily Withdrawal
Quantity ("MDWQ") as stated in Customer's executed Firm Storage
Service Agreement and the delivery of such Gas to the Point(s) of
Delivery, provided that Customer has a quantity of Gas in
Customer's firm Storage Inventory not less than the quantity
Customer shall have nominated for withdrawal on such Day.
3. RATES AND CHARGES
Customer shall pay rates and charges for Firm Storage Service
under this Rate Schedule including the applicable storage rate
components set forth in the FSS Rate Statement and as described
below:
(a) Storage Reservation Charge. A Monthly charge for
each Dth of Customer's Maximum Storage Quantity.
(b) Withdrawal Reservation Charge. A Monthly charge
for each Dth of Customer's Maximum Daily Withdrawal Quantity.
(c) Injection Reservation Charge. A Monthly
charge for each Dth of Customer's Maximum Daily Injection
Quantity.
(d) Storage Injection Charge. A usage charge for each
Dth of Customer's Gas injected into TRES PALACIOS' facilities
pursuant to Section 2.1(a) of this Rate Schedule for each Day
during a given Month.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 21 : Effective |
| FERC Gas Tariff | | Original Sheet No. 21 |
| First Revised Volume No. 1 |
FSS RATE SCHEDULE
FIRM STORAGE SERVICE
(Continued)
(c) The withdrawal from storage on any Day of Customer's Gas per
Customer's nomination up to Customer's Maximum Daily Withdrawal
Quantity ("MDWQ") as stated in Customer's executed Firm Storage
Service Agreement and the delivery of such Gas to the Point(s) of
Delivery, provided that Customer has a quantity of Gas in
Customer's firm Storage Inventory not less than the quantity
Customer shall have nominated for withdrawal on such Day.
2.2 Customer's rights to utilize Points of Receipt and
Points of Delivery as primary points shall be specified in
Customer's Firm Storage Service Agreement as a Maximum Daily
Receipt Quantity ("MDRQ") or Maximum Daily Delivery Quantity
("MDDQ") applicable to each such point. TRES PALACIOS shall
afford a prospective Firm Storage Service Customer the right to
negotiate with TRES PALACIOS to include in its Firm Storage
Service Agreement the right to use any other TRES PALACIOS Points
of Receipt or Points of Delivery, or primary points in excess of
MDRQ or MDDQ, on a secondary basis, subject to Customer's MDIQ and
MDWQ, the priorities of service and other provisions of this
Tariff and the Federal Energy Regulatory Commission's regulations
and policies generally governing receipt and delivery point
flexibility.
3. RATES AND CHARGES
Customer shall pay rates and charges for Firm Storage Service
under this Rate Schedule including the applicable storage rate
components set forth in the FSS Rate Statement and as described
below:
(a) Storage Reservation Charge. A Monthly charge for
each Dth of Customer's Maximum Storage Quantity.
(b) Withdrawal Reservation Charge. A Monthly charge
for each Dth of Customer's Maximum Daily Withdrawal Quantity.
(c) Injection Reservation Charge. A Monthly charge
for each Dth of Customer's Maximum Daily Injection Quantity.
(d) Storage Injection Charge. A usage charge for each
Dth of Customer's Gas injected into TRES PALACIOS' facilities
pursuant to Section 2.1(a) of this Rate Schedule for each Day
during a given Month.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 22 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FSS RATE SCHEDULE
FIRM STORAGE SERVICE
(Continued)
(e) Storage Withdrawal Charge. A usage charge for each
Dth of Customer's Gas withdrawn from TRES PALACIOS' facilities
pursuant to Section 2.1(c) of this Rate Schedule for each Day
during a given Month.
(f) Fuel Reimbursement. The amount of Gas for fuel and
losses determined in accordance with Section 19 of the General
Terms and Conditions of this FERC Gas Tariff and set forth in
Customer's Firm Storage Service Agreement.
(g) Regulatory Fees and Charges. Customer shall
reimburse TRES PALACIOS for all fees and charges, as required by
the Commission or any other regulatory body, that are related to
service provided under this Rate Schedule, as set forth in
Customer's Firm Storage Service Agreement.
(h) Taxes. Customer shall reimburse TRES PALACIOS for
all applicable taxes as may be assessed TRES PALACIOS, as set
forth in Section 15 of the General Terms and Conditions of this
FERC Gas Tariff and in Customer's Firm Storage Service Agreement.
4. INVOICE
Each invoice for Firm Storage Service under this Rate
Schedule shall reflect the applicable charges set forth under
Section 3 of this Rate Schedule, at rates set forth in Customer's
Firm Storage Service Agreement.
5. TERM
The term for service under this Rate Schedule shall be as set
forth in the executed Firm Storage Service Agreement.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Firm Storage Service Agreement and the respective
obligations of the parties hereunder are subject to all valid
laws, orders, rules and regulations of duly constituted
authorities having jurisdiction, and are conditioned upon the
issuance, by FERC, and any state or local governmental agency
having jurisdiction, of requisite authorization for TRES PALACIOS
to provide the storage service contemplated hereby and to
construct and operate the facilities necessary to provide such
service and for any connected pipeline to transport Gas to/from
the Point(s) of Receipt/Delivery necessary to effect the service
provided for herein.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 23 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FSS RATE SCHEDULE
FIRM STORAGE SERVICE
(Continued)
6.2 TRES PALACIOS shall have the right to propose to FERC or
any other governing regulatory body such changes in its rates and
terms of service as it deems necessary, and the Firm Storage
Service Agreement executed by the parties shall be deemed to
include any changes which are made effective pursuant to order or
regulation or provisions of law, without prejudice to Customer's
right to protest the same; provided however, that any market-based
rates negotiated between TRES PALACIOS and its Customer(s) shall
remain in effect during the term(s) of the Firm Storage Service
Agreement(s) specifying such rates.
7. CURTAILMENT
If, due to an emergency situation or when unexpected capacity
loss occurs after scheduling, TRES PALACIOS' capability to receive
or deliver quantities is impaired so that TRES PALACIOS is unable
to receive or deliver the quantities provided for in its Storage
Service Agreements with Customers for Firm Storage Services, then
capacity, withdrawals and/or injections will be allocated
according to the priority of service as set forth in Section 5 of
the General Terms and Conditions of this FERC Gas Tariff.
8. EXPIRATION OF TERM
8.1 Upon expiration without renewal or upon termination of
Customer's Firm Storage Service Agreement, any of Customer's Gas
remaining in the TRES PALACIOS storage facility shall be deemed
sold to TRES PALACIOS at a price equal to 80% of the price
realized for such Gas pursuant to an auction held in accordance
with Section 32 of the General Terms and Conditions of this FERC
Gas Tariff. However, if Customer was unable to withdraw its FSS
Gas quantities due to an interruption of Customer's withdrawal
service by TRES PALACIOS during the last ten Days before
termination, Customer shall be allowed to withdraw its Gas within
a reasonable period following the end of the contract term.
8.2 Payment for the remaining quantities of Gas shall appear
as a credit on the last statement rendered by TRES PALACIOS to
Customer. To the extent that the credit exceeds the total charges
in that statement, the difference shall be paid by TRES PALACIOS
to Customer on or before the 25th day of the Month following the
Month of such expiration or termination.
8.3 In the event that TRES PALACIOS purchases and takes
title to any of Customer's Gas pursuant to this Section 8, TRES
PALACIOS shall dispose of such Gas by auction and shall credit the
net proceeds received from such auction in accordance with the
provisions of Section 32 of the General Terms and Conditions of
this FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 24 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FSS RATE SCHEDULE
FIRM STORAGE SERVICE
(Continued)
9. GENERAL TERMS AND CONDITIONS
Applicable provisions of the General Terms and Conditions of
this FERC Gas Tariff, as such provisions may be amended from time
to time, are hereby incorporated by reference and made a part of
this FSS Rate Schedule, where applicable, and shall supplement the
terms and conditions governing service rendered hereunder, as
though stated herein; provided, however, that in the event of any
inconsistency, the terms of this FSS Rate Schedule shall control.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 25 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
NNSS RATE SCHEDULE
NO-NOTICE STORAGE SERVICE
1. AVAILABILITY
This Rate Schedule is available to any Customer for the
purchase of firm no-notice Gas storage service from TRES PALACIOS,
provided that:
(a) TRES PALACIOS has determined that it has sufficient
operationally available and uncommitted firm storage capacity and
injection and withdrawal capacity to perform the no-notice service
Customer has requested;
(b) Customer and TRES PALACIOS have executed a No-
Notice Storage Service Agreement under this Rate Schedule;
(c) Customer and TRES PALACIOS have executed a Firm
Storage Service Agreement under Rate Schedule FSS of this FERC Gas
Tariff;
(d) Customer accepts responsibility for arranging any
transportation service required for utilization of the storage
service provided under this Rate Schedule, including making any
necessary arrangements with pipeline Transporter(s) for Customer
to utilize no-notice service at one or more delivery points on the
Transporter's (s') pipeline system(s) (any such arrangements for
utilization of no-notice service must be acceptable to TRES
PALACIOS, in its reasonable judgment);
(e) Availability of service under this Rate
Schedule shall be subject to a determination by TRES PALACIOS that
its performance of the service requested hereunder shall not cause
a reduction in TRES PALACIOS' ability to provide Firm Storage
Services under currently effective Storage Service Agreements; and
(f) Service under this Rate Schedule may not be
available to the extent that TRES PALACIOS would be required to
construct, modify, expand or acquire any facilities to enable TRES
PALACIOS to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all no-notice service
rendered by TRES PALACIOS to Customer through use of TRES
PALACIOS' storage facility located in Texas pursuant to an
executed No-Notice Storage Service Agreement. No-notice service
is combined with a Customer's rights to Firm Storage Service under
an executed Firm Storage Service Agreement for service under Rate
Schedule FSS to allow Customer the added flexibility of
automatically netting any deviations from its nominations against
Customer's Storage Inventory.
2.1 No-notice storage service rendered to Customer under
this Rate Schedule shall allow Customer to alter its injections or
withdrawals, at points specified in Customer's Rate Schedule NNSS
Storage Service Agreement, of Gas from levels nominated by
Customer pursuant to Section 8 of the General Terms and
Conditions, including a nomination of zero, by an amount, plus or
minus, up to Customer's No-Notice Maximum Daily Quantity without
complying with the deadlines for revised nominations under Section
8 of the General Terms and Conditions; provided:
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 26 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
NNSS RATE SCHEDULE
NO-NOTICE STORAGE SERVICE
(Continued)
(a) Customer's rights at primary Point(s) of Receipt shall at all
times be subject to the Maximum Daily Receipt Quantity(ies) set
forth in Customer's Firm Storage Service Agreement;
(b) Customer may not use no-notice deviations from nominations to
exceed the Maximum Daily Injection Quantity set forth in
Customer's Firm Storage Service Agreement;
(c) Customer's rights at primary Point(s) of Delivery shall at
all times be subject to the Maximum Daily Delivery Quantity(ies)
set forth in Customer's Firm Storage Service Agreement;
(d) Customer may not use no-notice deviations from nominations to
exceed the Maximum Daily Withdrawal Quantity set forth in
Customer's Firm Storage Service Agreement; and
(e) Customer may not use no-notice deviations from nominations to
allow its Storage Inventory to exceed Customer's Maximum Storage
Quantity set forth in its Firm Storage Service Agreement or to be
less than zero (0).
3. RATES AND CHARGES
Customer shall pay rates and charges for no-notice storage
service under this Rate Schedule including the applicable storage
rate components set forth in the NNSS Rate Statement and as
described below:
(a) No-Notice Reservation Charge. A Monthly charge for
each Dth of Customer's No-Notice Maximum Daily Quantity.
(b) Regulatory Fees and Charges. Customer shall
reimburse TRES PALACIOS for all fees and charges, as required by
the Commission or any other regulatory body, that are related to
service provided under this Rate Schedule, as set forth in
Customer's No-Notice Storage Service Agreement.
(c) Taxes. Customer shall reimburse TRES PALACIOS for
all applicable taxes as may be assessed TRES PALACIOS, as set
forth in Section 15 of the General Terms and Conditions of this
FERC Gas Tariff and in Customer's No-Notice Storage Service
Agreement.
4. INVOICE
Each invoice for no-notice storage service shall reflect the
applicable charges set forth under Section 3 of this Rate
Schedule, at rates set forth in Customer's No-Notice Storage
Service Agreement.
5. TERM
The term for service under this Rate Schedule shall be as set
forth in the executed No-Notice Storage Service Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 27 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
NNSS RATE SCHEDULE
NO-NOTICE STORAGE SERVICE
(Continued)
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The No-Notice Storage Service Agreement and the
respective obligations of the parties hereunder are subject to all
valid laws, orders, rules and regulations of duly constituted
authorities having jurisdiction, and are conditioned upon the
issuance, by FERC, and any state or local governmental agency
having jurisdiction, of requisite authorization for TRES PALACIOS
to provide the storage service contemplated hereby and to
construct and operate the facilities necessary to provide such
service and for any connected pipeline to transport Gas to/from
the Point(s) of Receipt/Delivery necessary to effect the service
provided for herein.
6.2 TRES PALACIOS shall have the right to propose to FERC or
any other governing regulatory body such changes in its rates and
terms of service as it deems necessary, and the No-Notice Storage
Service Agreement executed by the parties shall be deemed to
include any changes which are made effective pursuant to order or
regulation or provisions of law, without prejudice to Customer's
right to protest the same; provided however, that any market-based
rates negotiated between TRES PALACIOS and its Customer(s) shall
remain in effect during the term(s) of the No-Notice Storage
Service Agreement(s) specifying such rates.
7. CURTAILMENT
Curtailment of Customer's no-notice service shall be governed
by the curtailment of Customer's Firm Storage Service pursuant to
Customer's Firm Storage Service Agreement and the provisions of
Rate Schedule FSS.
8. GENERAL TERMS AND CONDITIONS
Applicable provisions of the General Terms and Conditions of
this FERC Gas Tariff, as such provisions may be amended from time
to time, are hereby incorporated by reference and made a part of
this NNSS Rate Schedule, where applicable, and shall supplement
the terms and conditions governing service rendered hereunder, as
though stated herein; provided, however, that in the event of any
inconsistency, the terms of this NNSS Rate Schedule shall control.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 28 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FP RATE SCHEDULE
FIRM PARKING SERVICE
1. AVAILABILITY
This Rate Schedule is available to any Customer for the
purchase of firm parking service from TRES PALACIOS, provided
that:
(a) TRES PALACIOS has determined that it has sufficient
operationally available firm storage capacity, injection and
withdrawal capacity to perform the firm parking service Customer
has requested;
(b) Customer and TRES PALACIOS have executed a Firm
Parking Service Agreement under this Rate Schedule;
(c) Customer accepts responsibility for arranging any
transportation service required for utilization of the firm
parking service provided under this Rate Schedule;
(d) Availability of service under this Rate
Schedule shall be subject to a determination by TRES PALACIOS that
its performance of the service requested hereunder shall not cause
a reduction in TRES PALACIOS' ability to provide Firm Storage
Services under currently effective Storage Service Agreements; and
(e) Service under this Rate Schedule may not be
available to the extent that TRES PALACIOS would be required to
construct, modify, expand or acquire any facilities to enable TRES
PALACIOS to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all firm parking service
rendered by TRES PALACIOS to Customer through use of TRES
PALACIOS' storage facility located in Texas pursuant to an
executed Firm Parking Service Agreement. Firm parking service
rendered by TRES PALACIOS to Customer under this Rate Schedule
shall consist of:
(a) The receipt on any Day during the Injection Period stated in
Customer's executed Firm Parking Service Agreement and injection
into storage of Customer's Gas per Customer's nomination up to the
Maximum Daily Injection Quantity ("MDIQ") stated in Customer's
executed Firm Parking Service Agreement, provided that Customer
delivers the nominated quantity plus Fuel Reimbursement to the
Point(s) of Receipt, and Customer's Park Balance has not exceeded
Customer's Maximum Park Quantity;
(b) The tender by Customer of sufficient quantities of Gas under
Section 2(a) to ensure that Customer's Park Balance equals
Customer's Maximum Park Quantity at the end of the Injection
Period, provided that, if Customer's injections during the
Injection Period are curtailed by TRES PALACIOS, Customer shall
have a reasonable period of time immediately following the
Injection Period to make injections as necessary for Customer's
Park Balance to equal its Maximum Park Quantity;
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 29 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FP RATE SCHEDULE
FIRM PARKING SERVICE
(Continued)
(c) The storage of Gas in amounts up to Customer's Maximum Park
Quantity; and
(d) The withdrawal from storage on any Day during the Withdrawal
Period stated in Customer's executed Firm Parking Service
Agreement and delivery of Customer's Gas per Customer's nomination
to the Point(s) of Delivery up to the Maximum Daily Withdrawal
Quantity ("MDWQ") as stated in Customer's executed Firm Parking
Service Agreement, provided that Customer has a quantity of Gas in
Customer's Park Balance not less than the quantity Customer shall
have nominated for withdrawal on such Day.
Customer shall not have the right to inject or withdraw Gas during
the period of time between the Injection Period and the Withdrawal
Period.
3. RATES AND CHARGES
Customer shall pay rates and charges for firm parking service
under this Rate Schedule including the applicable parking rate
components set forth in the FP Rate Statement and as described
below:
(a) Firm Parking Reservation Charge. A monthly charge
for each Dth of Customer's Maximum Park Quantity.
(b) Firm Parking Injection Charge. A charge for each
Dth of Customer's Gas injected into TRES PALACIOS' facilities
pursuant to Section 2.1(a) of this Rate Schedule during a given
Month.
(c) Firm Parking Withdrawal Charge. A charge for each
Dth of Customer's Gas withdrawn from TRES PALACIOS' facilities
pursuant to Section 2.1(d) of this Rate Schedule during a given
Month.
(d) Fuel Reimbursement. The amount of Gas for fuel and
losses determined in accordance with Section 19 of the General
Terms and Conditions of this FERC Gas Tariff and set forth in
Customer's Firm Parking Service Agreement.
(e) Regulatory Fees and Charges. Customer shall
reimburse TRES PALACIOS for all fees and charges, as required by
the Commission or any other regulatory body, that are related to
service provided under this Rate Schedule, as set forth in
Customer's Firm Parking Service Agreement.
(f) Taxes. Customer shall reimburse TRES PALACIOS for
all applicable taxes as may be assessed TRES PALACIOS, as set
forth in Section 15 of the General Terms and Conditions of this
FERC Gas Tariff and in Customer's Firm Parking Service Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 30 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FP RATE SCHEDULE
FIRM PARKING SERVICE
(Continued)
4. INVOICE
Each invoice for firm parking service shall reflect the
applicable charges set forth under Section 3 of this Rate Schedule
at rates and terms set forth in Customer's Firm Parking Service
Agreement.
5. TERM
The term for service under this Rate Schedule shall be as set
forth in Customer's Firm Parking Service Agreement.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Firm Parking Service Agreement and the respective
obligations of the parties hereunder are subject to all valid
laws, orders, rules and regulations of duly constituted
authorities having jurisdiction, and are conditioned upon the
issuance, by FERC, and any state or local governmental agency
having jurisdiction, of requisite authorization for TRES PALACIOS
to provide the parking service contemplated hereby and to
construct and operate the Gas storage facilities necessary to
provide such parking service and for any connected pipeline to
transport Gas to/from the Point(s) of Receipt/Delivery necessary
to effect the parking service provided for herein.
6.2 TRES PALACIOS shall have the right to propose to FERC or
any other governing regulatory body such changes in its rates and
terms of service as it deems necessary, and the Firm Parking
Service Agreement shall be deemed to include any changes which are
made effective pursuant to order or regulation or provisions of
law, without prejudice to Customer's right to protest the same;
provided, however, that any market-based rates negotiated between
TRES PALACIOS and its Customer(s) shall remain in effect during
the term of the Firm Parking Service Agreement(s) specifying such
rates.
7. CURTAILMENT
If, due to an emergency situation or when unexpected capacity
loss occurs after scheduling, TRES PALACIOS' capability to receive
or deliver quantities is impaired so that TRES PALACIOS is unable
to receive or deliver the quantities provided for in its Storage
Service Agreements for Firm Storage Services with Customers, then
capacity, withdrawals, and/or injections will be allocated
according to the priority of service as set forth in Section 5 of
the General Terms and Conditions of this FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 31 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FP RATE SCHEDULE
FIRM PARKING SERVICE
(Continued)
8. EXPIRATION OF TERM
8.1 Upon expiration without renewal or upon termination of
Customer's Firm Parking Service Agreement, any of Customer's Gas
remaining in the TRES PALACIOS storage facility shall be deemed
sold to TRES PALACIOS at a price equal to 80% of the price
realized for such Gas pursuant to an auction held in accordance
with Section 32 of the General Terms and Conditions of this FERC
Gas Tariff. However, if Customer was unable to withdraw its FP
Gas quantities due to an interruption of Customer's withdrawal
service by TRES PALACIOS during the last ten Days before
termination, Customer shall be allowed to withdraw its Gas within
a reasonable period following the end of the contract term.
8.2 Payment for the remaining quantities of Gas shall appear
as a credit on the last statement rendered by TRES PALACIOS to
Customer. To the extent that the credit exceeds the total charges
in that statement, the difference shall be paid by TRES PALACIOS
to Customer on or before the 25th day of the Month following the
Month of such expiration or termination.
8.3 In the event that TRES PALACIOS purchases and takes
title to any of Customer's Gas pursuant to this Section 8, TRES
PALACIOS shall dispose of such Gas by auction and shall credit the
net proceeds received from such auction in accordance with the
provisions of Section 32 of the General Terms and Conditions of
this FERC Gas Tariff.
9. GENERAL TERMS AND CONDITIONS
Applicable provisions of the General Terms and Conditions of
this FERC Gas Tariff, as such provisions may be amended from time
to time, are hereby incorporated by reference and made a part of
this FP Rate Schedule, where applicable, and shall supplement the
terms and conditions governing service rendered hereunder, as
though stated herein; provided, however, that in the event of any
inconsistency, the terms of this FP Rate Schedule shall control.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 32 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FL RATE SCHEDULE
FIRM LOAN SERVICE
1. AVAILABILITY
This Rate Schedule is available to any Customer for the
purchase of firm loan service from TRES PALACIOS, provided that:
(a) TRES PALACIOS has determined that it has sufficient
operationally available firm storage capacity, injection and
withdrawal capacity to perform the firm loan service Customer has
requested ;
(b) Customer and TRES PALACIOS have executed a Firm
Loan Service Agreement under this Rate Schedule;
(c) Customer accepts responsibility for arranging any
transportation service required for utilization of the firm loan
service provided under this Rate Schedule;
(d) Availability of service under this Rate
Schedule shall be subject to a determination by TRES PALACIOS that
its performance of the service requested hereunder shall not cause
a reduction in TRES PALACIOS' ability to provide Firm Storage
Services under currently effective Storage Service Agreements; and
(e) Service under this Rate Schedule may not be
available to the extent that TRES PALACIOS would be required to
construct, modify, expand or acquire any facilities to enable TRES
PALACIOS to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 This Rate Schedule shall apply to all firm loan service
rendered by TRES PALACIOS to Customer through use of TRES
PALACIOS' storage facility located in Texas pursuant to an
executed Firm Loan Service Agreement.
Firm loan service rendered by TRES PALACIOS to Customer
under this Rate Schedule shall consist of:
(a) The withdrawal from storage on any Day during the Withdrawal
Period stated in Customer's executed Firm Loan Service Agreement
and delivery of Gas to the Point(s) of Delivery, upon nomination
and confirmation, of daily quantities of Gas up to the Maximum
Daily Withdrawal Quantity ("MDWQ"), as stated in Customer's
executed Firm Loan Service Agreement, provided that Customer's
total withdrawals shall not exceed its Maximum Loan Quantity;
(b) The withdrawal by Customer of sufficient quantities of Gas
under Section 2.1(a) to ensure that Customer's Loan Balance equals
Customer's Maximum Loan Quantity at the end of the Withdrawal
Period; provided that, if Customer's withdrawals during the
Withdrawal Period are curtailed by TRES PALACIOS, Customer shall
have a reasonable period of time immediately following the
Withdrawal Period to make withdrawals as necessary for Customer's
Loan Balance to equal its Maximum Loan Quantity;
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 33 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FL RATE SCHEDULE
FIRM LOAN SERVICE
(Continued)
(c) The receipt on any Day during the Injection Period stated in
Customer's executed Firm Loan Service Agreement and injection into
storage of Customer's Gas per Customer's nomination up to the
Maximum Daily Injection Quantity ("MDIQ") stated in Customer's
executed Firm Loan Service Agreement, provided that Customer
delivers the nominated quantity plus Fuel Reimbursement to the
Point(s) of Receipt, and Customer's total injections may not
exceeded Customer's Maximum Loan Quantity; and
(d) The tender by Customer of sufficient quantities of Gas under
Section 2.1(c) to ensure that Customer's Loan Balance equals zero
(0) at the end of the Injection Period.
Customer shall not have the right to inject or withdraw Gas during
the period of time between the Withdrawal Period and the Injection
Period.
2.2 If Customer fails to replace or replenish Gas advanced
by TRES PALACIOS to Customer under this Rate Schedule at the
agreed upon time, TRES PALACIOS may purchase replacement Gas and
Customer shall pay TRES PALACIOS the cost of the replacement Gas,
which shall include the actual cost of replacement supplies and
any costs or penalties incurred by TRES PALACIOS or its Customers
as a result of Customer's failure to deliver replacement Gas, plus
all other costs incurred by TRES PALACIOS to secure such
replacement Gas, including, but not limited to, third-party
marketing fees, transportation by third-party pipeline companies,
and all other costs for securing replacement Gas.
3. RATES AND CHARGES
Customer shall pay rates and charges for firm loan service
under this Rate Schedule including the applicable loan rate
components set forth in the FL Rate Statement and as described
below:
(a) Firm Loan Reservation Charge. A monthly charge for
each Dth of Customer's Maximum Loan Quantity.
(b) Firm Loan Injection Charge. A charge for each Dth
of Gas injected into TRES PALACIOS' facilities pursuant to Section
2.1(c) of this Rate Schedule.
(c) Firm Loan Withdrawal Charge. A charge for each Dth
of Gas withdrawn from TRES PALACIOS' facilities pursuant to
Section 2.1(a) of this Rate Schedule.
(d) Fuel Reimbursement. The amount of Gas for fuel and
losses determined in accordance with Section 19 of the General
Terms and Conditions of this FERC Gas Tariff and set forth in
Customer's Firm Loan Service Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 34 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FL RATE SCHEDULE
FIRM LOAN SERVICE
(Continued)
(e) Regulatory Fees and Charges. Customer shall
reimburse TRES PALACIOS for all fees and charges, as required by
the Commission or any other regulatory body, that are related to
service provided under this Rate Schedule, as set forth in
Customer's Firm Loan Service Agreement.
(f) Taxes. Customer shall reimburse TRES PALACIOS for
all applicable taxes as may be assessed TRES PALACIOS, as set
forth in Section 15 of the General Terms and Conditions of this
FERC Gas Tariff and in Customer's Firm Loan Service Agreement.
4. INVOICE
Each invoice for firm loan service shall reflect the
applicable charges set forth under Section 3 of this Rate Schedule
at rates and terms set forth in Customer's Firm Loan Service
Agreement.
5. TERM
The term for service under this Rate Schedule shall be as set
forth in the Customer's Firm Loan Service Agreement.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Firm Loan Service Agreement and the respective
obligations of the parties hereunder are subject to all valid
laws, orders, rules and regulations of duly constituted
authorities having jurisdiction, and are conditioned upon the
issuance, by FERC, and any state or local governmental agency
having jurisdiction, of requisite authorization for TRES PALACIOS
to provide the loan service contemplated hereby and to construct
and operate the Gas storage facilities necessary to provide such
loan service and for any connected pipeline to transport Gas
to/from the Point(s) of Receipt/Delivery necessary to effect the
loan service provided for herein.
6.2 TRES PALACIOS shall have the right to propose to FERC or
any other governing regulatory body such changes in its rates and
terms of service as it deems necessary, and the Firm Loan Service
Agreement shall be deemed to include any changes which are made
effective pursuant to order or regulation or provisions of law,
without prejudice to Customer's right to protest the same;
provided, however, that any market-based rates negotiated between
TRES PALACIOS and its Customer(s) shall remain in effect during
the term of the Firm Loan Service Agreement(s) specifying such
rates.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 35 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FL RATE SCHEDULE
FIRM LOAN SERVICE
(Continued)
7. CURTAILMENT
If, due to an emergency situation or when unexpected capacity
loss occurs after scheduling, TRES PALACIOS' capability to receive
or deliver quantities is impaired so that TRES PALACIOS is unable
to receive or deliver the quantities provided for in its Storage
Service Agreements with Customers for Firm Storage Services, then
capacity, withdrawals, and/or injections will be allocated
according to the priority of service as set forth in Section 5 of
the General Terms and Conditions of this FERC Gas Tariff.
8. GENERAL TERMS AND CONDITIONS
Applicable provisions of the General Terms and Conditions of
this FERC Gas Tariff, as such provisions may be amended from time
to time, are hereby incorporated by reference and made a part of
this FL Rate Schedule, where applicable, and shall supplement the
terms and conditions governing service rendered hereunder, as
though stated herein; provided, however, that in the event of any
inconsistency, the terms of this FL Rate Schedule shall control.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Substitute Original Sheet No. 36 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
ISS RATE SCHEDULE
INTERRUPTIBLE STORAGE SERVICE
1. AVAILABILITY
This Rate Schedule is available to any Customer for the
purchase of Interruptible Gas storage service from TRES PALACIOS,
provided that:
(a) TRES PALACIOS has determined that it has
sufficient operationally available and uncommitted Interruptible
storage capacity and injection and withdrawal capacity to perform
the service Customer has requested;
(b) Customer and TRES PALACIOS have executed an
Interruptible Storage Service Agreement under this Rate Schedule;
(c) Customer accepts responsibility for arranging any
transportation service required for utilization of the storage
service provided under this Rate Schedule;
(d) TRES PALACIOS has determined that the service
Customer has requested will not interfere with the efficient
operation of its system or with Firm Storage Services; and
(e) Service under this Rate Schedule may not be
available to the extent that TRES PALACIOS would be required to
construct, modify, expand or acquire any facilities to enable TRES
PALACIOS to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all Interruptible storage
service rendered by TRES PALACIOS to Customer through use of TRES
PALACIOS' storage facility located in Texas pursuant to an
executed Interruptible Storage Service Agreement.
2.1 Interruptible storage service rendered to Customer under
this Rate Schedule shall consist of:
(a) The receipt on any Day of Customer's Gas per Customer's
nomination up to Customer's Maximum Daily Injection Quantity
("MDIQ") as stated in the executed Interruptible Storage Service
Agreement, plus Fuel Reimbursement, at the Point(s) of Receipt and
the injection of Gas so received into storage, provided that all
Firm Storage Service nominations for injections have been
satisfied and Customer's Storage Inventory has not exceeded
Customer's Maximum Storage Quantity;
(b) The storage of Gas in amounts up to Customer's Interruptible
Maximum Storage Quantity, as stated in the executed Interruptible
Storage Service Agreement, provided that all Firm Storage Service
requests to utilize Storage Inventory have been satisfied; and
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 37 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
ISS RATE SCHEDULE
INTERRUPTIBLE STORAGE SERVICE
(Continued)
(c) The withdrawal from storage on any Day of Customer's Gas per
Customer's nomination up to Customer's Maximum Daily Withdrawal
Quantity ("MDWQ") as stated in the executed Interruptible Storage
Service Agreement and the delivery of such Gas to the Point(s) of
Delivery, provided that all Firm Storage Service nominations for
withdrawal have been satisfied and Customer has a quantity of Gas
in Customer's Interruptible Storage Inventory not less than the
quantity Customer shall have nominated for withdrawal on such Day.
2.2 To the extent Interruptible storage capacity which is
being utilized by an Interruptible Customer hereunder is needed by
TRES PALACIOS in order to satisfy TRES PALACIOS' obligations to
Firm Storage Service Customers, TRES PALACIOS shall require
Customer to withdraw all, or any portion of, the ISS Gas
quantities held in storage by TRES PALACIOS for the account of
Customer as specified by TRES PALACIOS. Unless TRES PALACIOS
otherwise agrees, Customer shall be required to make ratable
withdrawals. If Customer fails to withdraw such ISS Gas from
storage, TRES PALACIOS may take, free and clear of any adverse
claims, title to such ISS Storage Inventory as Customer was
instructed to withdraw. TRES PALACIOS' notice to Customer may be
given orally, but shall be confirmed in writing via e-mail or
facsimile to the Customer.
In the event that TRES PALACIOS retains and takes title to
any of Customer's Gas pursuant to this Section, TRES PALACIOS
shall credit the value of such gas, net of any costs incurred by
TRES PALACIOS to take title to and/or resell such Gas, in
accordance with the provisions of Section 32 of the General Terms
and Conditions of this FERC Gas Tariff.
In the event TRES PALACIOS needs to require Customer to
withdraw its Gas from storage pursuant to this Section, TRES
PALACIOS shall provide day-ahead notice to Customer that it must
withdraw Gas at its MDWQ during the next Gas Day. TRES PALACIOS
shall repeat this notice on a daily basis until all of Customer's
Gas is withdrawn from storage or until the circumstances
necessitating interruption are alleviated. In the event Customer
makes a timely nomination in response to a notification by TRES
PALACIOS pursuant to this paragraph, Customer's obligation to
comply with that notification shall be tolled until such time as
TRES PALACIOS' operational conditions allow TRES PALACIOS to
schedule the nomination.
3. RATES AND CHARGES
Customer shall pay rates and charges for Interruptible
storage service under this Rate Schedule including the applicable
storage rate components set forth in the ISS Rate Statement and as
described below:
(a) Storage Inventory Charge. A usage charge for each
Dth of Gas in Customer's Storage Inventory pursuant to Section
2.1(b) of this Rate Schedule at the end of each Day, for each Day
during a given Month.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 38 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
ISS RATE SCHEDULE
INTERRUPTIBLE STORAGE SERVICE
(Continued)
(b) Storage Injection Charge. A usage charge for each
Dth of Customer's Gas injected into TRES PALACIOS' facilities
pursuant to Section 2.1(a) of this Rate Schedule.
(c) Storage Withdrawal Charge. A usage charge for each
Dth of Customer's Gas withdrawn from TRES PALACIOS' facilities
pursuant to Section 2.1(c) of this Rate Schedule.
(d) Fuel Reimbursement. The amount of Gas for fuel and
losses determined in accordance with Section 19 of the General
Terms and Conditions of this FERC Gas Tariff and set forth in
Customer's Interruptible Storage Service Agreement.
(e) Regulatory Fees and Charges. Customer shall
reimburse TRES PALACIOS for all fees and charges, as required by
the Commission or any other regulatory body, that are related to
service provided under this Rate Schedule, as set forth in
Customer's Interruptible Storage Service Agreement.
(f) Taxes. Customer shall reimburse TRES PALACIOS for
all applicable taxes as may be assessed TRES PALACIOS, as set
forth in Section 15 of the General Terms and Conditions of this
FERC Gas Tariff and in Customer's Interruptible Storage Service
Agreement.
4. INVOICE
Each invoice for Interruptible storage service shall reflect
the applicable charges set forth under Section 3 of this Rate
Schedule, at rates set forth in Customer's Interruptible Storage
Service Agreement.
5. TERM
The term for service under this Rate Schedule shall be as set
forth in the executed Interruptible Storage Service Agreement.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Interruptible Storage Service Agreement and the
respective obligations of the parties hereunder are subject to all
valid laws, orders, rules and regulations of duly constituted
authorities having jurisdiction, and are conditioned upon the
issuance, by FERC, and any state or local governmental agency
having jurisdiction, of requisite authorization for TRES PALACIOS
to provide the storage service contemplated hereby and to
construct and operate the facilities necessary to provide such
service and for any connected pipeline to transport Gas to/from
the Point(s) of Receipt/Delivery necessary to effect the service
provided for herein.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 39 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
ISS RATE SCHEDULE
INTERRUPTIBLE STORAGE SERVICE
(Continued)
6.2 TRES PALACIOS shall have the right to propose to FERC or
any other governing regulatory body such changes in its rates and
terms of service as it deems necessary, and the Interruptible
Storage Service Agreement executed by the parties shall be deemed
to include any changes which are made effective pursuant to order
or regulation or provisions of law, without prejudice to
Customer's right to protest the same; provided however, that any
market-based rates negotiated between TRES PALACIOS and its
Customer(s) shall remain in effect during the term(s) of the
Interruptible Storage Service Agreement(s) specifying such rates.
7. CURTAILMENT
If, due to any cause whatsoever, TRES PALACIOS' capability to
receive or deliver quantities of Gas is impaired so that TRES
PALACIOS is unable to receive or deliver the quantities provided
for in its Storage Service Agreements with Customers for
Interruptible services, then capacity, withdrawals and/or
injections will be allocated according to the priority of service
as set forth in Section 5 of the General Terms and Conditions of
this FERC Gas Tariff.
8. EXPIRATION OF TERM
8.1 Upon expiration without renewal or upon termination of
Customer's Interruptible Storage Service Agreement, any of
Customer's Gas remaining in the TRES PALACIOS storage facility
shall be deemed sold to TRES PALACIOS at a price equal to 80% of
the price realized for such Gas pursuant to an auction held in
accordance with Section 32 of the General Terms and Conditions of
this FERC Gas Tariff. However, if Customer was unable to withdraw
its ISS Gas quantities due to an interruption of Customer's
withdrawal service by TRES PALACIOS during the last ten Days
before termination, Customer shall be allowed to withdraw its Gas
within a reasonable period following the end of the contract term.
8.2 Payment for the remaining quantities of Gas shall appear
as a credit on the last statement rendered by TRES PALACIOS to
Customer. To the extent that the credit exceeds the total charges
in that statement, the difference shall be paid by TRES PALACIOS
to Customer on or before the 25th day of the Month following the
Month of such expiration or termination.
8.3 In the event that TRES PALACIOS purchases and takes
title to any of Customer's Gas pursuant to this Section 8, TRES
PALACIOS shall dispose of such Gas by auction and shall credit the
net proceeds received from such auction in accordance with the
provisions of Section 32 of the General Terms and Conditions of
this FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 40 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
ISS RATE SCHEDULE
INTERRUPTIBLE STORAGE SERVICE
(Continued)
9. GENERAL TERMS AND CONDITIONS
Applicable provisions of the General Terms and Conditions of
this FERC Gas Tariff, as such provisions may be amended from time
to time, are hereby incorporated by reference and made a part of
this ISS Rate Schedule, where applicable, and shall supplement the
terms and conditions governing service rendered hereunder, as
though stated herein; provided, however, that in the event of any
inconsistency, the terms of this ISS Rate Schedule shall control.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Substitute Original Sheet No. 41 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IHBS RATE SCHEDULE
INTERRUPTIBLE HOURLY BALANCING SERVICE
1. AVAILABILITY
This Rate Schedule is available to any Customer for the
purchase of Interruptible hourly balancing storage service from
TRES PALACIOS, provided that:
(a) TRES PALACIOS has determined that it has
sufficient operationally available and uncommitted Interruptible
storage capacity and injection and withdrawal capacity to perform
the service Customer has requested;
(b) Customer and TRES PALACIOS have executed an
Interruptible Hourly Balancing Service Agreement under this Rate
Schedule;
(c) Customer accepts responsibility for arranging any
transportation service required for utilization of the storage
service provided under this Rate Schedule, including making any
necessary arrangements with pipeline Transporter(s) for Customer
to utilize hourly balancing service at one or more delivery points
on the Transporter's (s') pipeline system(s) (any such
arrangements for utilization of hourly balancing service must be
acceptable to TRES PALACIOS, in its reasonable judgment);
(d) TRES PALACIOS has determined that it can offer
Interruptible hourly balancing service between the Customer's
point(s) of delivery on the transporting pipeline(s) and TRES
PALACIOS' Point(s) of Delivery/Receipt;
(e) TRES PALACIOS has determined that the service
Customer has requested will not interfere with the efficient
operation of its system or with Firm Storage Services; and
(f) Service under this Rate Schedule may not be
available to the extent that TRES PALACIOS would be required to
construct, modify, expand or acquire any facilities to enable TRES
PALACIOS to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all Interruptible hourly
balancing service rendered by TRES PALACIOS to Customer through
use of TRES PALACIOS' storage facility located in Texas pursuant
to an executed Interruptible Hourly Balancing Service Agreement.
2.1 Interruptible hourly balancing service rendered to
Customer under this Rate Schedule shall consist of:
(a) The receipt on any Day of Customer's Gas per Customer's
nomination up to the Maximum Daily Injection Quantity ("MDIQ") as
stated in Customer's executed Interruptible Hourly Balancing
Service Agreement, plus Fuel Reimbursement, at the Point(s) of
Receipt and the injection of Gas so received into storage,
provided that all Firm Storage Service nominations for injections
have been satisfied and Customer's Storage Inventory has not
exceeded Customer's Maximum Storage Quantity;
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 42 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IHBS RATE SCHEDULE
INTERRUPTIBLE HOURLY BALANCING SERVICE
(Continued)
(b) The storage of Gas in amounts up to the Interruptible Maximum
Storage Quantity, as stated in Customer's executed Interruptible
Hourly Balancing Service Agreement, provided that all Firm Storage
Service requests to utilize Storage Inventory have been satisfied;
(c) The withdrawal from storage on any Day of Customer's Gas per
Customer's nomination up to the Maximum Daily Withdrawal Quantity
("MDWQ") as stated in Customer's executed Interruptible Hourly
Balancing Service Agreement and the delivery of such Gas to the
Point(s) of Delivery, provided that all Firm Storage Service
nominations for withdrawal have been satisfied and Customer has a
quantity of Gas in Customer's Interruptible Storage Inventory not
less than the quantity Customer shall have nominated for
withdrawal on such Day; and
(d) For each hour during a Day, subject to the maximum hourly
limit as set forth in Customer's Interruptible Hourly Balancing
Service Agreement, the receipt or delivery by TRES PALACIOS at the
Point(s) of Receipt/Delivery designated by Customer of hourly
balancing quantities of Gas which shall be the difference, on an
hourly basis, between (i) the injections to or withdrawals from
TRES PALACIOS' storage of Gas as nominated by Customer to meet
Customer's desired hourly pattern of deliveries at its delivery
point(s) on the Transporter's (s') pipeline system(s) and (ii)
Customer's ratable flow quantities on TRES PALACIOS' system (1/24
of Daily nominated quantities); provided that all Firm Storage
Service nominations have been satisfied and that hourly balancing
quantities shall not cause Customer's Interruptible Storage
Inventory to exceed the Maximum Storage Quantity set forth in
Customer's Interruptible Hourly Balancing Service Agreement or to
be less than zero (0).
2.2 Hourly balancing quantities must be nominated and
scheduled pursuant to this Rate Schedule and Section 8 of the
General Terms and Conditions of this FERC Gas Tariff. In addition
to the day-ahead and intraday nominations provided for in Section
8 of the General Terms and Conditions, Customer shall be permitted
to submit nominations for hourly balancing quantities, and to
adjust its hourly balancing quantity nominations within a Day by
providing not less than one hour notice to TRES PALACIOS before
the start of an hour for which Customer requests to change a
nomination, provided that such hourly nominations, including
changes in hourly nominations, are subject to confirmation with
the transporting pipeline. Interruptible Hourly Balancing Service
is not intended to serve as an Operational Balancing Agreement to
account for hourly deviations between scheduled volumes and
volumes actually taken by Customer at its point(s) of delivery on
the transporting pipeline(s). Such deviations shall be subject to
reconciliation pursuant to the Customer's transportation
agreement(s) with its pipeline Transporter(s) and the pipeline
Transporter's (s') tariff(s).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 43 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IHBS RATE SCHEDULE
INTERRUPTIBLE HOURLY BALANCING SERVICE
(Continued)
2.3 In the event Customer desires to use Interruptible
balancing service for balancing at more than one delivery point on
Transporters' pipeline systems under its Interruptible Hourly
Balancing Service Agreement, hourly balancing quantities for each
such delivery point shall be separately determined, nominated and
used for purposes of billing Hourly Balancing Charges.
2.4 To the extent Interruptible storage capacity which is
being utilized by an Interruptible Customer hereunder is needed by
TRES PALACIOS in order to satisfy TRES PALACIOS' obligations to
Firm Storage Service Customers, TRES PALACIOS shall require
Customer to withdraw all, or any portion of, the IHBS Gas
quantities held in storage by TRES PALACIOS for the account of
Customer as specified by TRES PALACIOS. Unless TRES PALACIOS
otherwise agrees, Customer shall be required to make ratable
withdrawals. If Customer fails to withdraw such IHBS Gas from
storage, TRES PALACIOS may take, free and clear of any adverse
claims, title to such IHBS Storage Inventory as Customer was
instructed to withdraw. TRES PALACIOS' notice to Customer may be
given orally, but shall be confirmed in writing via e-mail or
facsimile to the Customer.
In the event that TRES PALACIOS retains and takes title to any
of Customer's Gas pursuant to this Section, TRES PALACIOS shall
credit the value of such Gas, net of any costs incurred by TRES
PALACIOS to take title to and/or resell such Gas, in accordance
with the provisions of Section 32 of the General Terms and
Conditions of this FERC Gas Tariff.
In the event TRES PALACIOS needs to require Customer to
withdraw its Gas from storage pursuant to this Section, TRES
PALACIOS shall provide day-ahead notice to Customer that it must
withdraw Gas at its MDWQ during the next Gas Day. TRES PALACIOS
shall repeat this notice on a daily basis until all of Customer's
Gas is withdrawn from storage or until the circumstances
necessitating interruption are alleviated. In the event Customer
makes a timely nomination in response to a notification by TRES
PALACIOS pursuant to this paragraph, Customer's obligation to
comply with that notification shall be tolled until such time as
TRES PALACIOS' operational conditions allow TRES PALACIOS to
schedule the nomination.
3. RATES AND CHARGES
Customer shall pay rates and charges for Interruptible hourly
balancing service under this Rate Schedule including the
applicable storage rate components set forth in the IHBS Rate
Statement and as described below:
(a) Hourly Balancing Charge. A usage charge for each
Dth of hourly balancing quantities injected to or withdrawn from
storage for Customer's account pursuant to Section 2.1(d) of this
Rate Schedule.
(b) Storage Inventory Charge. A usage charge for each
Dth of Gas in Customer's Storage Inventory pursuant to Section
2.1(b) of this Rate Schedule at the end of each Day, for each Day
during a given Month.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 44 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IHBS RATE SCHEDULE
INTERRUPTIBLE HOURLY BALANCING SERVICE
(Continued)
(c) Storage Injection Charge. A usage charge for each
Dth of Customer's Gas injected into TRES PALACIOS' facilities
pursuant to Section 2.1(a) of this Rate Schedule.
(d) Storage Withdrawal Charge. A usage charge for each
Dth of Customer's Gas withdrawn from TRES PALACIOS' facilities
pursuant to Section 2.1(c) of this Rate Schedule.
(e) Fuel Reimbursement. The amount of Gas for fuel and
losses determined in accordance with Section 19 of the General
Terms and Conditions of this FERC Gas Tariff and set forth in
Customer's Interruptible Hourly Balancing Service Agreement.
(f) Regulatory Fees and Charges. Customer shall
reimburse TRES PALACIOS for all fees and charges, as required by
the Commission or any other regulatory body, that are related to
service provided under this Rate Schedule, as set forth in
Customer's Interruptible Hourly Balancing Service Agreement.
(g) Taxes. Customer shall reimburse TRES PALACIOS for
all applicable taxes as may be assessed TRES PALACIOS, as set
forth in Section 15 of the General Terms and Conditions of this
FERC Gas Tariff and in Customer's Interruptible Hourly Balancing
Service Agreement.
4. INVOICE
Each invoice for Interruptible hourly balancing service shall
reflect the applicable charges set forth under Section 3 of this
Rate Schedule, at rates set forth in Customer's Interruptible
Hourly Balancing Service Agreement.
5. TERM
The term for service under this Rate Schedule shall be as set
forth in the executed Interruptible Hourly Balancing Service
Agreement.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Interruptible Hourly Balancing Service Agreement and
the respective obligations of the parties hereunder are subject to
all valid laws, orders, rules and regulations of duly constituted
authorities having jurisdiction, and are conditioned upon the
issuance, by FERC, and any state or local governmental agency
having jurisdiction, of requisite authorization for TRES PALACIOS
to provide the storage service contemplated hereby and to
construct and operate the facilities necessary to provide such
service and for any connected pipeline to transport Gas to/from
the Point(s) of Receipt/Delivery necessary to effect the service
provided for herein.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 45 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IHBS RATE SCHEDULE
INTERRUPTIBLE HOURLY BALANCING SERVICE
(Continued)
6.2 TRES PALACIOS shall have the right to propose to FERC or
any other governing regulatory body such changes in its rates and
terms of service as it deems necessary, and the Interruptible
Hourly Balancing Service Agreement executed by the parties shall
be deemed to include any changes which are made effective pursuant
to order or regulation or provisions of law, without prejudice to
Customer's right to protest the same; provided however, that any
market-based rates negotiated between TRES PALACIOS and its
Customer(s) shall remain in effect during the term(s) of the
Interruptible Hourly Balancing Service Agreement(s) specifying
such rates.
7. CURTAILMENT
If, due to any cause whatsoever, TRES PALACIOS' capability to
receive or deliver quantities of Gas is impaired so that TRES
PALACIOS is unable to receive or deliver the quantities provided
for in its Storage Service Agreements with Customers for
Interruptible services, then capacity, withdrawals and/or
injections will be allocated according to the priority of service
as set forth in Section 5 of the General Terms and Conditions of
this FERC Gas Tariff.
8. EXPIRATION OF TERM
8.1 Upon expiration without renewal or upon termination of
Customer's Interruptible Hourly Balancing Service Agreement, any
of Customer's Gas remaining in the TRES PALACIOS storage facility
shall be deemed sold to TRES PALACIOS at a price equal to 80% of
the price realized for such Gas pursuant to an auction held in
accordance with Section 32 of the General Terms and Conditions of
this FERC Gas Tariff. However, if Customer was unable to withdraw
its IHBS Gas quantities due to an interruption of Customer's
withdrawal service by TRES PALACIOS during the last ten Days
before termination, Customer shall be allowed to withdraw its Gas
within a reasonable period following the end of the contract term.
8.2 Payment for the remaining quantities of Gas shall appear
as a credit on the last statement rendered by TRES PALACIOS to
Customer. To the extent that the credit exceeds the total charges
in that statement, the difference shall be paid by TRES PALACIOS
to Customer on or before the 25th day of the Month following the
Month of such expiration or termination.
8.3 In the event that TRES PALACIOS purchases and takes
title to any of Customer's Gas pursuant to this Section 8, TRES
PALACIOS shall dispose of such Gas by auction and shall credit the
net proceeds received from such auction in accordance with the
provisions of Section 32 of the General Terms and Conditions of
this FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 46 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IHBS RATE SCHEDULE
INTERRUPTIBLE HOURLY BALANCING SERVICE
(Continued)
9. GENERAL TERMS AND CONDITIONS
Applicable provisions of the General Terms and Conditions of
this FERC Gas Tariff, as such provisions may be amended from time
to time, are hereby incorporated by reference and made a part of
this IHBS Rate Schedule, where applicable, and shall supplement
the terms and conditions governing service rendered hereunder, as
though stated herein; provided, however, that in the event of any
inconsistency, the terms of this IHBS Rate Schedule shall control.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 47 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IP RATE SCHEDULE
INTERRUPTIBLE PARKING SERVICE
1. AVAILABILITY
This Rate Schedule is available to any Customer for the
purchase of Interruptible parking service from TRES PALACIOS,
provided that:
(a) TRES PALACIOS has determined that it has sufficient
operationally available Interruptible storage capacity, injection
or withdrawal capacity to perform the parking service Customer has
requested;
(b) TRES PALACIOS has determined that the parking
service Customer has requested will not interfere with efficient
operation of its system or with Firm Storage Services;
(c) Customer and TRES PALACIOS have executed a Hub
Services Agreement under this Rate Schedule;
(d) Customer accepts responsibility for arranging any
transportation service required for utilization of the parking
service provided under this Rate Schedule; and
(e) Service under this Rate Schedule may not be
available to the extent that TRES PALACIOS would be required to
construct, modify, expand or acquire any facilities to enable TRES
PALACIOS to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all Interruptible parking
service rendered by TRES PALACIOS to Customer through use of TRES
PALACIOS' storage facility located in Texas pursuant to an
executed Hub Services Agreement.
Interruptible parking service rendered by TRES PALACIOS
to Customer under this Rate Schedule shall consist of the receipt,
injection, storage, and withdrawal and delivery of Customer's Gas,
on an Interruptible basis, by TRES PALACIOS. Service under this
Rate Schedule includes:
(a) The receipt on any Day and injection into storage of
Customer's Gas per Customer's nomination up to the Maximum Daily
Injection Quantity ("MDIQ") stated in Exhibit A of the Hub
Services Agreement with Customer, provided that all Firm Storage
Service nominations for injection have been satisfied, Customer's
Park Quantity is less than the Maximum Park Quantity set forth in
Exhibit A of the Hub Services Agreement, Customer delivers the
nominated quantity plus Fuel Reimbursement to the Point(s) of
Receipt, and Customer's Park Balance has not exceeded Customer's
Maximum Park Quantity;
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 48 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IP RATE SCHEDULE
INTERRUPTIBLE PARKING SERVICE
(Continued)
(b) The storage of Gas in amounts up to Customer's Maximum Park
Quantity provided that all Firm Storage Service storage needs have
been satisfied; and
(c) The withdrawal from storage on any Day and delivery of
Customer's Gas per Customer's nomination to the Point(s) of
Delivery up to Customer's Maximum Daily Withdrawal Quantity
("MDWQ") stated in Exhibit A of the Hub Services Agreement with
Customer, provided that all Firm Storage Service nominations or
withdrawals have been satisfied, and that Customer has a quantity
of Gas stored in Customer's Park Balance not less than the
quantity the Customer shall have nominated for withdrawal on such
Day.
To the extent storage capacity which is being utilized
by an Interruptible Customer hereunder is needed by TRES PALACIOS
in order to satisfy TRES PALACIOS' obligations to Firm Storage
Services, TRES PALACIOS shall require Customer to withdraw all, or
any portion of, the IP Gas quantities held in storage by TRES
PALACIOS for the account of Customer as specified by TRES
PALACIOS. Unless TRES PALACIOS otherwise agrees, Customer shall
be required to make ratable withdrawals. If Customer fails to
withdraw such IP Park Balance, then TRES PALACIOS may take, free
and clear of any adverse claims, title to such IP Park Balance as
Customer was instructed to withdraw. TRES PALACIOS' notice to
Customer may be given orally, but shall be confirmed in writing
via e-mail or facsimile to the Customer.
In the event that TRES PALACIOS retains and takes title to
any of Customer's Gas pursuant to this Section, TRES PALACIOS
shall credit the value of such gas, net of any costs incurred by
TRES PALACIOS to take title to and/or resell such Gas, in
accordance with the provisions of Section 32 of the General Terms
and Conditions of this FERC Gas Tariff.
In the event TRES PALACIOS needs to require Customer to
withdraw its Gas from storage pursuant to this Section, TRES
PALACIOS shall provide day-ahead notice to Customer that it must
withdraw Gas at its MDWQ during the next Gas Day. TRES PALACIOS
shall repeat this notice on a daily basis until all of Customer's
Gas is withdrawn from storage or until the circumstances
necessitating interruption are alleviated. In the event Customer
makes a timely nomination in response to a notification by TRES
PALACIOS pursuant to this paragraph, Customer's obligation to
comply with that notification shall be tolled until such time as
TRES PALACIOS' operational conditions allow TRES PALACIOS to
schedule the nomination.
3. RATES AND CHARGES
Customer shall pay rates and charges for Interruptible
parking service under this Rate Schedule including the applicable
parking rate components set forth in the IP Rate Statement and as
described below:
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 49 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IP RATE SCHEDULE
INTERRUPTIBLE PARKING SERVICE
(Continued)
(a) Interruptible Parking Charge. A charge for each
Dth of Gas in Customer's Park Balance at the end of each Day, for
each Day during a given Month.
(b) Interruptible Parking Injection Charge. A charge
for each Dth of Customer's Gas injected into TRES PALACIOS'
facilities pursuant to Section 2(a) of this Rate Schedule during a
given invoice period.
(c) Interruptible Parking Withdrawal Charge. A charge
for each Dth of Customer's Gas withdrawn from TRES PALACIOS'
facilities pursuant to Section 2(c) of this Rate Schedule during a
given invoice period.
(d) Fuel Reimbursement. The amount of Gas for fuel and
losses determined in accordance with Section 19 of the General
Terms and Conditions of this FERC Gas Tariff and set forth in
Exhibit A of Customer's Hub Services Agreement.
(e) Regulatory Fees and Charges. Customer shall
reimburse TRES PALACIOS for all fees and charges, as required by
the Commission or any other regulatory body, that are related to
service provided under this Rate Schedule, as set forth in
Customer's Hub Services Agreement.
(f) Taxes. Customer shall reimburse TRES PALACIOS for
all applicable taxes as may be assessed TRES PALACIOS, as set
forth in Section 15 of the General Terms and Conditions of this
FERC Gas Tariff and in Exhibit A of Customer's Hub Services
Agreement.
4. INVOICE
Each invoice for Interruptible parking service shall reflect
the applicable charges set forth under Section 3 of this Rate
Schedule at rates and terms set forth in Exhibit A of Customer's
Hub Services Agreement.
5. TERM
The term for service under this Rate Schedule shall be as set
forth in Exhibit A of Customer's Hub Services Agreement.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Hub Services Agreement and the respective
obligations of the parties hereunder are subject to all valid
laws, orders, rules and regulations of duly constituted
authorities having jurisdiction, and are conditioned upon the
issuance, by FERC, and any state or local governmental agency
having jurisdiction, of requisite authorization for TRES PALACIOS
to provide the parking service contemplated hereby and to
construct and operate the Gas storage facilities necessary to
provide such parking service and for any connected pipeline to
transport Gas to/from the Point(s) of Receipt/Delivery necessary
to effect the parking service provided for herein.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 50 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IP RATE SCHEDULE
INTERRUPTIBLE PARKING SERVICE
(Continued)
6.2 TRES PALACIOS shall have the right to propose to FERC or
any other governing regulatory body such changes in its rates and
terms of service as it deems necessary, and the Hub Services
Agreement shall be deemed to include any changes which are made
effective pursuant to order or regulation or provisions of law,
without prejudice to Customer's right to protest the same;
provided, however, that any market-based rates negotiated between
TRES PALACIOS and its Customer(s) shall remain in effect during
the term of Exhibit A of the Hub Services Agreement(s) specifying
such rates.
7. CURTAILMENT
If, due to any cause whatsoever, TRES PALACIOS' capability to
receive or deliver quantities of Gas is impaired so that TRES
PALACIOS is unable to receive or deliver the quantities provided
for in its Storage Service Agreements with Customers for
Interruptible services, then capacity, withdrawals and/or
injections will be allocated according to the priority of service
as set forth in Section 5 of the General Terms and Conditions of
this FERC Gas Tariff.
8. EXPIRATION OF TERM
8.1 Upon expiration without renewal or upon termination of
Exhibit A of Customer's Hub Storage Service Agreement, any of
Customer's Gas remaining in the TRES PALACIOS storage facility
shall be deemed sold to TRES PALACIOS at a price equal to 80% of
the price realized for such Gas pursuant to an auction held in
accordance with Section 32 of the General Terms and Conditions of
this FERC Gas Tariff. However, if Customer was unable to withdraw
its IP Gas quantities due to an interruption of Customer's
withdrawal service by TRES PALACIOS during the last ten Days
before termination, Customer shall be allowed to withdraw its Gas
within a reasonable period following the end of the contract term.
8.2 Payment for the remaining quantities of Gas shall appear
as a credit on the last statement rendered by TRES PALACIOS to
Customer. To the extent that the credit exceeds the total charges
in that statement, the difference shall be paid by TRES PALACIOS
to Customer on or before the 25th day of the Month following the
Month of such expiration or termination.
8.3 In the event that TRES PALACIOS purchases and takes
title to any of Customer's Gas pursuant to this Section 8, TRES
PALACIOS shall dispose of such gas at auction and shall credit the
net proceeds received from such auction in accordance with the
provisions of Section 32 of the General Terms and Conditions of
this FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 51 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IP RATE SCHEDULE
INTERRUPTIBLE PARKING SERVICE
(Continued)
9. GENERAL TERMS AND CONDITIONS
Applicable provisions of the General Terms and Conditions of
this FERC Gas Tariff, as such provisions may be amended from time
to time, are hereby incorporated by reference and made a part of
this IP Rate Schedule, where applicable, and shall supplement the
terms and conditions governing service rendered hereunder, as
though stated herein; provided, however, that in the event of any
inconsistency, the terms of this IP Rate Schedule shall control.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 52 : Effective |
| FERC Gas Tariff | | Original Sheet No. 52 |
| First Revised Volume No. 1 |
IW RATE SCHEDULE
INTERRUPTIBLE WHEELING SERVICE
1. AVAILABILITY
This Rate Schedule is available to any Customer for the
purchase of Interruptible Gas wheeling service from TRES PALACIOS,
provided that:
(a) TRES PALACIOS has determined that it has
sufficient operationally available Interruptible wheeling, receipt
and delivery capacity to perform service Customer has requested;
(b) TRES PALACIOS has determined that service Customer
has requested will not interfere with efficient operation of its
system or with Firm Storage Services;
(c) Customer and TRES PALACIOS have executed a Hub
Services Agreement under this Rate Schedule;
(d) Customer accepts responsibility for arranging any
upstream and/or downstream transportation service required for
utilization of the wheeling service provided under this Rate
Schedule; and
(e) Service under this Rate Schedule may not be
available to the extent that TRES PALACIOS would be required to
construct, modify, expand or acquire any facilities to enable TRES
PALACIOS to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all Interruptible wheeling
service rendered by TRES PALACIOS to Customer through use of TRES
PALACIOS' storage facility located in Texas pursuant to an
executed Hub Services Agreement.
Interruptible wheeling service rendered by TRES PALACIOS to
Customer under this Rate Schedule shall consist of the
transportation of Gas, on an Interruptible basis, by TRES PALACIOS
for Customer on TRES PALACIOS' system between agreed upon Point(s)
of Receipt and Point(s) of Delivery.
TRES PALACIOS shall, on an Interruptible basis, receive for
Customer at Point(s) of Receipt and shall transport and deliver at
the Point(s) of Delivery, less Fuel Reimbursement, daily
quantities of Gas up to the Maximum Daily Wheeling Quantity
("MDTQ") as specified in Exhibit A of the Customer's Hub Services
Agreement; provided, however, TRES PALACIOS shall not be obligated
to receive, transport and/or deliver quantities of Gas on any Day
in excess of the quantity nominated and scheduled for that Day.
Interruptible wheeling service shall be available only in the
event that all Firm Storage Service needs have been satisfied.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 53 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IW RATE SCHEDULE
INTERRUPTIBLE WHEELING SERVICE
(Continued)
3. RATES AND CHARGES
Customer shall pay the rates and charges for Interruptible
wheeling service under this Rate Schedule including the applicable
wheeling rate components set forth in the IW Rate Statement and as
described below:
(a) Interruptible Wheeling Charge. A charge for each
Dth of Customer's Gas wheeled by TRES PALACIOS.
(b) Fuel Reimbursement. The amount of Gas for fuel and
losses determined in accordance with Section 19 of this FERC Gas
Tariff and as set forth in Exhibit A of Customer's Hub Services
Agreement.
(c) Regulatory Fees and Charges. Customer shall
reimburse TRES PALACIOS for all fees and charges, as required by
the Commission or any other regulatory body, that are related to
service provided under this Rate Schedule, as set forth in the Hub
Services Agreement.
(d) Taxes. Customer shall reimburse TRES PALACIOS for
all applicable taxes as may be assessed, as set forth in Section
15 of the General Terms and Conditions of this FERC Gas Tariff and
in Exhibit A of the Hub Services Agreement.
4. INVOICE
Each invoice for Interruptible wheeling service shall reflect
the applicable charges set forth under Section 3 of this Rate
Schedule at rates and terms set forth in Exhibit A of Customer's
Hub Services Agreement.
5. TERM
The term for service under this Rate Schedule shall be as set
forth in Exhibit A of Customer's Hub Services Agreement.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Hub Services Agreement and the respective
obligations of the parties hereunder are subject to all valid
laws, orders, rules and regulations of duly constituted
authorities having jurisdiction, and are conditioned upon the
issuance, by FERC, and any state or local governmental agency
having jurisdiction, of requisite authorization for TRES PALACIOS
to provide the wheeling service contemplated hereby and to
construct and operate the Gas wheeling facilities necessary to
provide such wheeling service and for any connected pipeline to
transport Gas to/from the Point(s) of Receipt/Delivery necessary
to effect the wheeling service provided for herein.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 54 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IW RATE SCHEDULE
INTERRUPTIBLE WHEELING SERVICE
(Continued)
6.2 TRES PALACIOS shall have the right to propose to FERC or
any other governing regulatory body such changes in its rates and
terms of service as it deems necessary, and the Hub Services
Agreement shall be deemed to include any changes which are made
effective pursuant to order or regulation or provisions of law,
without prejudice to Customer's right to protest the same;
provided, however, that any market-based rates negotiated between
TRES PALACIOS and its Customer(s) shall remain in effect during
the term of Exhibit A of the Hub Services Agreement(s) specifying
such rates.
7. CURTAILMENT
If, due to any cause whatsoever, TRES PALACIOS' capability to
receive or deliver quantities of Gas is impaired so that TRES
PALACIOS is unable to receive or deliver the quantities provided
for in its Storage Service Agreements with Customers for
Interruptible services, then capacity, withdrawals and/or
injections will be allocated according to the priority of service
as set forth in Section 5 of the General Terms and Conditions of
this FERC Gas Tariff.
8. GENERAL TERMS AND CONDITIONS
Applicable provisions of the General Terms and Conditions of
this FERC Gas Tariff, as such provisions may be amended from time
to time, are hereby incorporated by reference and made a part of
this IW Rate Schedule, where applicable, and shall supplement the
terms and conditions governing service rendered hereunder, as
though stated herein; provided, however, that in the event of any
inconsistency, the terms of this IW Rate Schedule shall control.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 55 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IL RATE SCHEDULE
INTERRUPTIBLE LOAN SERVICE
1. AVAILABILITY
This Rate Schedule is available to any Customer for the
purchase of Interruptible Gas loan service from TRES PALACIOS,
provided that:
(a) TRES PALACIOS has determined that it has sufficient
operationally available Interruptible storage capacity, injection
or withdrawal capacity to perform service Customer has requested;
(b) TRES PALACIOS has determined that the loan service
Customer has requested will not interfere with efficient operation
of its system or with Firm Storage Services;
(c) Customer and TRES PALACIOS have executed a Hub
Services Agreement under this Rate Schedule;
(d) Customer accepts responsibility for arranging any
transportation service required for utilization of the loan
service provided under this Rate Schedule; and
(e) Service under this Rate Schedule may not be
available to the extent that TRES PALACIOS would be required to
construct, modify, expand or acquire any facilities to enable TRES
PALACIOS to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all Interruptible loan
service rendered by TRES PALACIOS to Customer through use of TRES
PALACIOS' storage facility located in Texas pursuant to an
executed Hub Services Agreement.
Interruptible loan service rendered by TRES PALACIOS to
Customer under this Rate Schedule shall consist of the advancement
to Customer, upon nomination and subsequent confirmation, of daily
quantities of Gas in storage up to Customer's Maximum Daily
Withdrawal Quantity ("MDWQ"), as stated in Exhibit A of the Hub
Services Agreement with Customer, provided that all Firm Storage
Service nominations for withdrawal have been satisfied and system
needs allow. Customer agrees to replace the borrowed quantities
of Gas to TRES PALACIOS at a time to be agreed upon as set forth
in Exhibit A of the Hub Services Agreement by delivering Gas,
including Fuel Reimbursement, to Point(s) of Receipt in quantities
on any Day up to Customer's Maximum Daily Injection Quantity
("MDIQ"), as stated in Exhibit A of the Hub Services Agreement
with Customer, provided that all Firm Storage Service nominations
for injection have been satisfied and system needs allow.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 56 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IL RATE SCHEDULE
INTERRUPTIBLE LOAN SERVICE
(Continued)
To the extent Gas which is advanced to an Interruptible
Customer hereunder is needed by TRES PALACIOS in order to satisfy
TRES PALACIOS' obligations to Firm Storage Services or to meet
system needs, TRES PALACIOS may at its reasonable judgment and
upon giving notice to Customer, interrupt the continuation of any
or all services hereunder and require Customer to replace or
replenish all, or any portion, of the IL Gas quantities borrowed
by Customer at a time to be agreed upon. Unless TRES PALACIOS
otherwise agrees, Customer shall be required to make ratable
injections.
If Customer fails to replace or replenish borrowed Gas to TRES
PALACIOS at the agreed upon time, TRES PALACIOS may purchase
replacement Gas and Customer shall pay TRES PALACIOS the cost of
the replacement Gas, which shall include the actual cost of
replacement supplies and any costs or penalties incurred by TRES
PALACIOS or its Customers as a result of Customer's failure to
deliver replacement Gas, plus all other costs incurred by TRES
PALACIOS to secure such replacement Gas, including, but not
limited to, third-party marketing fees, transportation by third-
party pipeline companies, and all other costs for securing
replacement Gas.
In the event TRES PALACIOS needs to require Customer to inject
Gas into storage pursuant to this Section, TRES PALACIOS shall
provide day-ahead notice to Customer that it must inject Gas at
its MDIQ during the next Gas Day. TRES PALACIOS shall repeat this
notice on a daily basis until all of Customer's borrowed Gas is
replaced or until the circumstances necessitating interruption of
Customer's loan are alleviated. In the event Customer makes a
timely nomination in response to a notification by TRES PALACIOS
pursuant to this paragraph, Customer's obligation to comply with
that notification shall be tolled until such time as TRES
PALACIOS' operational conditions allow TRES PALACIOS to schedule
the nomination.
3. RATES AND CHARGES
Customer shall pay the rates and charges for Interruptible
loan service under this Rate Schedule including the applicable
loan rate components set forth in the IL Rate Statement and as
described below:
(a) Interruptible Loan Charge. A charge for each Dth
of Gas in Customer's Loan Balance at the end of each Day, for each
Day during a given Month.
(b) Interruptible Loan Injection Charge. A charge for
each Dth of Gas injected into TRES PALACIOS' facilities pursuant
to Section 2 of this Rate Schedule.
(c) Interruptible Loan Withdrawal Charge. A charge for
each Dth of Gas withdrawn from TRES PALACIOS' facilities pursuant
to Section 2 of this Rate Schedule.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 57 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IL RATE SCHEDULE
INTERRUPTIBLE LOAN SERVICE
(Continued)
(d) Fuel Reimbursement. The amount of Gas for fuel and
losses determined in accordance with Section 19 of the General
Terms and Conditions of this FERC Gas Tariff and set forth in
Exhibit A of Customer's Hub Services Agreement.
(e) Regulatory Fees and Charges. Customer shall
reimburse TRES PALACIOS for all fees and charges, as required by
the Commission or any other regulatory body, that are related to
service provided under this Rate Schedule, as set forth in the Hub
Services Agreement.
(f) Taxes. Customer shall reimburse TRES PALACIOS for
all applicable taxes as may be assessed TRES PALACIOS, as set
forth in Section 15 of the General Terms and Conditions of this
FERC Gas Tariff and in Exhibit A of the Hub Services Agreement.
4. INVOICE
Each invoice for Interruptible loan service shall reflect the
applicable charges set forth under Section 3 of this Rate Schedule
at rates and terms set forth in Exhibit A of Customer's Hub
Services Agreement.
5. TERM
The term for service under this Rate Schedule shall be as set
forth in Exhibit A of the Customer's Hub Services Agreement.
6. AUTHORIZATION, RATES, TERMS AND CHANGES
6.1 The Hub Services Agreement and the respective
obligations of the parties hereunder are subject to all valid
laws, orders, rules and regulations of duly constituted
authorities having jurisdiction, and are conditioned upon the
issuance, by FERC, and any state or local governmental agency
having jurisdiction, of requisite authorization for TRES PALACIOS
to provide the loan service contemplated hereby and to construct
and operate the Gas storage facilities necessary to provide such
loan service and for any connected pipeline to transport Gas
to/from the Point(s) of Receipt/Delivery necessary to effect the
loan service provided for herein.
6.2 TRES PALACIOS shall have the right to propose to FERC or
any other governing regulatory body such changes in its rates and
terms of service as it deems necessary, and the Hub Services
Agreement shall be deemed to include any changes which are made
effective pursuant to order or regulation or provisions of law,
without prejudice to Customer's right to protest the same;
provided, however, that any market-based rates negotiated between
TRES PALACIOS and its Customer(s) shall remain in effect during
the term of Exhibit A of the Hub Services Agreement(s) specifying
such rates.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 58 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
IL RATE SCHEDULE
INTERRUPTIBLE LOAN SERVICE
(Continued)
7. CURTAILMENT
If, due to any cause whatsoever, TRES PALACIOS' capability to
receive or deliver quantities of Gas is impaired so that TRES
PALACIOS is unable to receive or deliver the quantities provided
for in its Storage Service Agreements with Customers for
Interruptible services, then capacity, withdrawals and/or
injections will be allocated according to the priority of service
as set forth in Section 5 of the General Terms and Conditions of
this FERC Gas Tariff.
8. GENERAL TERMS AND CONDITIONS
Applicable provisions of the General Terms and Conditions of
this FERC Gas Tariff, as such provisions may be amended from time
to time, are hereby incorporated by reference and made a part of
this IL Rate Schedule, where applicable, and shall supplement the
terms and conditions governing service rendered hereunder, as
though stated herein; provided, however, that in the event of any
inconsistency, the terms of this IL Rate Schedule shall control.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet Nos. 59-99 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
SHEET NOS. 59-99 ARE RESERVED FOR FUTURE USE.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 100 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
1. INTRODUCTORY STATEMENT
Except where expressly stated otherwise, the General Terms and
Conditions of TRES PALACIOS' currently effective FERC Gas Tariff
shall apply to all Gas services rendered by TRES PALACIOS under
any Storage Service Agreement, including, but not limited to,
service under the FSS, NNSS, FP, FL, ISS, IHBS, IP, IW, and IL
Rate Schedules.
2. DEFINITIONS
2.1 "Action Alert" shall have the meaning set
forth in Section 5.5(f).
2.2 "Bcf" means billion (1,000,000,000) cubic feet.
2.3 "Btu" means one British Thermal Unit, and shall be
the quantity of heat required to raise the temperature of one (1)
pound of water from fifty-eight and five-tenths degrees (58.5
degrees) to fifty-nine and five-tenths degrees (59.5 degrees)
Fahrenheit. The reporting basis for Btu is 14.73 dry psia and 60
degrees Fahrenheit (101.325 kPa and 15 degrees C, and dry).
2.4 "Business Day" means Monday through Friday, excluding
Federal Banking Holidays for transactions in the United States,
and similar holidays for transactions occurring in Canada and
Mexico.
2.5 "Contract Year" means the twelve (12) month period
beginning on the date storage service under a Storage Service
Agreement commences and each subsequent twelve month period
thereafter during the term of the Storage Service Agreement.
2.6 "Critical Notices" shall mean information
pertaining to TRES PALACIOS conditions that affect scheduling or
adversely affect scheduled Gas flow.
2.7 "A cubic foot of Gas" equals the volume of Gas that
occupies one cubic foot at a temperature of 60 degrees Fahrenheit,
a pressure of 14.73 psia, and dry. Mcf means one thousand (1,000)
cubic feet and Mmcf means one million (1,000,000) cubic feet.
2.8 "Customer" means the party that holds all lawful
right and/or title to the Gas that is being stored, parked and/or
wheeled and who executes a Storage Service Agreement with TRES
PALACIOS.
2.9 "Day" means a period of twenty-four (24)
consecutive hours, beginning and ending at
9:00 a.m. (Central Clock Time ("CCT")).
2.10 "Dekatherm" ("Dth") means the quantity of heat
energy which is equivalent to 1,000,000 Btu. One "Dekatherm" of
Gas means the quantity of Gas which contains one Dekatherm of heat
energy.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 101 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
2.11 "Elapsed Prorata Capacity" means that portion of
the capacity that would have theoretically been available for use
prior to the effective time of the intraday recall based upon a
cumulative uniform hourly use of the capacity.
2.12 "Elapsed-prorated-scheduled Quantity" shall mean
that portion of the scheduled quantity that would have
theoretically flowed up to the effective time of the intraday
nomination being confirmed, based upon a cumulative uniform hourly
quantity for each nomination period affected.
2.13 "FERC" or "Commission" means the Federal Energy
Regulatory Commission or any successor agency.
2.14 "Firm Storage Service" means any service under Rate
Schedules FSS, NNSS, FP or FL.
2.15 "Fuel Reimbursement" shall have the meaning set
forth in Section 19 of the General Terms and Conditions of this
FERC Gas Tariff.
2.16 "Gas" means natural gas in its natural state,
produced from wells, including casinghead gas produced with crude
oil, natural gas from gas wells and residue gas resulting from
processing both casinghead gas and gas well gas.
2.17 "Internet Web Site" means TRES PALACIOS' HTML site
accessible via the Internet's World Wide Web and located at
http:/www.trespalaciosgasstorage.com.
2.18 "Interruptible" means that the storage, parking,
wheeling, or loaning is subject to interruption at any time by
TRES PALACIOS. A Customer may be required to withdraw Gas held in
storage pursuant to Customer's Storage Service Agreement for
Interruptible service or Exhibit A of Customer's Hub Services
Agreement, or provide Gas to TRES PALACIOS, should such capacity
or quantities be required by a Firm Storage Service.
2.19 "Intraday nomination" means a nomination submitted
after the nomination deadline whose effective time is no earlier
than the beginning of the Day and runs through the end of that
Day.
2.20 "Loan Balance" means the quantity of Gas, expressed
in Dth, that TRES PALACIOS has loaned to Customer, provided that
the Loan Balance shall never exceed Customer's Maximum Loan
Quantity specified in Customer's Firm Loan Service Agreement or
Exhibit A of Customer's Hub Services Agreement.
2.21 "Maximum Daily Delivery Quantity" or "MDDQ"
means the maximum quantity of Gas, expressed in Dths, specified in
Customer's Storage Service Agreement (Exhibit A of the Hub
Services Agreement), that Customer may nominate and that TRES
PALACIOS shall deliver at a Point of Delivery, subject to Section
8.3 of these General Terms and Conditions.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 102 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
2.22 "Maximum Daily Injection Quantity" or "MDIQ" means
the maximum quantity of Gas, expressed in Dth, specified in
Customer's Storage Service Agreement (Exhibit A of the Hub
Services Agreement), that Customer may nominate and that TRES
PALACIOS shall receive at all Point(s) of Receipt for injection
into storage each Day, subject to Section 8.3 of these General
Terms and Conditions.
2.23 "Maximum Daily Receipt Quantity" or "MDRQ" means
the maximum quantity of Gas, expressed in Dths specified in
Customer's Storage Service Agreement (Exhibit A of the Hub
Services Agreement), that Customer may nominate and that TRES
PALACIOS shall receive at each Point of Receipt, subject to
Section 8.3 of these General Terms and Conditions.
2.24 "Maximum Daily Wheeling Quantity" or "MDTQ" means
the maximum quantity of Gas, expressed in Dths, specified in
Exhibit A of Customer's Hub Services Agreement that Customer may
nominate and that TRES PALACIOS shall transport from a Point of
Receipt to a Point of Delivery, subject to Section 8.3 of these
General Terms and Conditions.
2.25 "Maximum Daily Withdrawal Quantity" or "MDWQ" means
the maximum quantity of Gas, expressed in Dth, specified in
Customer's Storage Service Agreement (Exhibit A of the Hub
Services Agreement), that Customer may nominate and that TRES
PALACIOS shall withdraw from storage and tender to Customer at all
Point(s) of Delivery, subject to Section 8.3 of these General
Terms and Conditions.
2.26 "Maximum Loan Quantity" means the maximum quantity
of Gas, expressed in Dth, that TRES PALACIOS is obligated to loan
to Customer at TRES PALACIOS' storage facility located in Texas,
as specified in Customer's Firm Loan Service Agreement or in
Exhibit A of Customer's Hub Services Agreement.
2.27 "Maximum Park Quantity" means the maximum quantity
of Gas, expressed in Dth, that Customer is permitted to have in
storage in TRES PALACIOS' storage facility located in Texas, at
any given time as specified in Customer's Firm Parking Service
Agreement or Exhibit A of Customer's Hub Services Agreement.
2.28 "Maximum Storage Quantity" means the maximum
quantity of Gas, expressed in Dth, that Customer is permitted to
have in storage in TRES PALACIOS' storage facility located in
Texas, at any given time as specified in the Storage Service
Agreement (Exhibit A of the Hub Services Agreement).
2.29 "Month" means the period beginning at 9:00 a.m.
Central Clock Time on the first Day of a calendar month and ending
at 9:00 a.m. Central Clock Time on the first Day of the next
succeeding month.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 103 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
2.30 "No-Notice Maximum Daily Quantity" means the
quantity of Gas, expressed in Dth, by which Customer may deviate
from its nominations pursuant to its Firm Storage Service
Agreement, as set forth in Customer's No-Notice Service Agreement.
2.31 "North American Energy Standards Board" or "NAESB"
means that accredited organization established to set standards
for certain natural gas industry business practices and
procedures. "WGQ" shall mean the Wholesale Gas Quadrant of NAESB.
"NAESB Standards" shall mean the standardized business practices,
procedures and criteria which have been adopted and published by
the Wholesale Gas Quadrant of the North American Energy Standards
Board and which have been adopted by reference by the Commission.
2.32 "Operational Flow Order" or "OFO" means an order
issued to alleviate conditions, inter alia, which threaten or
could threaten the safe operations or system integrity of TRES
PALACIOS' system or to maintain operations required to provide
efficient and reliable firm service. Whenever TRES PALACIOS
experiences these conditions, any pertinent order will be referred
to as an Operational Flow Order.
2.33 "Park Balance" means quantity of Gas, expressed in
Dth, that Customer has in TRES PALACIOS' storage facilities for
Customer's account, provided that the Park Balance shall never
exceed Customer's Maximum Park Quantity specified in Customer's
Firm Parking Service Agreement or in Exhibit A of Customer's Hub
Services Agreement.
2.34 "Point(s) of Delivery" means the point or
points located on TRES PALACIOS' system, or a third party pipeline
system used by TRES PALACIOS to provide service to its Customers
pursuant to Section 30 of these General Terms and Conditions,
specified in Customer's Storage Service Agreement at which TRES
PALACIOS shall tender Gas to Customer.
2.35 "Point(s) of Receipt" means the point or points
located on TRES PALACIOS' system, or a third party pipeline system
used by TRES PALACIOS to provide service to its Customers pursuant
to Section 30 of these General Terms and Conditions, specified in
Customer's Storage Service Agreement at which TRES PALACIOS shall
receive Gas from Customer.
2.36 "Pooling" means 1) the aggregation of Gas from
multiple physical and/or logical points to a single physical or
logical point, and/or 2) the dis-aggregation of Gas from a single
physical or logical point to multiple physical and/or logical
points.
2.37 "Psig" means pounds per square inch gauge.
2.38 "Releasing Customer" means a Customer who has
agreed to release some or all of its rights under its Storage
Service Agreement for Firm Storage Service.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 104 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
2.39 "Replacement Customer" means a Customer who has
assumed any released rights to capacity of a Releasing Customer.
2.40 "Storage Inventory" means the quantity of working
Gas, expressed in Dths, that a Customer has in place in TRES
PALACIOS' storage facilities for Customer's account.
2.41 "Storage Service Agreement" means a Firm Storage
Service Agreement, a No-Notice Storage Service Agreement, a Firm
Parking Service Agreement, a Firm Loan Service Agreement, an
Interruptible Storage Service Agreement, an Interruptible Hourly
Balancing Service Agreement, a Hub Services Agreement or a
Capacity Release Umbrella Agreement.
2.42 "Transporter" means the Customer's transporter
designated to deliver Gas to the Point(s) of Receipt or Customer's
transporter designated to receive Gas from the Point(s) of
Delivery.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 105 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
3. REQUEST FOR SERVICE
3.1 Procedures for Sale of Capacity.
(a) Sale of Capacity. Upon the availability of new
storage capacity resulting from an expansion of TRES PALACIOS'
facilities, TRES PALACIOS shall sell such capacity to prospective
Customers either via the open season procedures described in
Sections 3.1(b)-(f) below or via the first-come, first-served
procedures described in Section 3.1(g) below, with the selection
of the procedures being at TRES PALACIOS' sole option. This
Section 3.1 shall apply to sales of capacity under Rate Schedules
FSS, NNSS, FP and FL.
(b) Notice of open season. If TRES PALACIOS elects to
conduct an open season pursuant to Section 3.1(a) above, TRES
PALACIOS shall post notice of the open season on its Internet Web
Site. Such notice shall set forth when the open season begins and
ends, the type of service being offered, how and where interested
parties may submit requests for service, the criteria that will be
used to evaluate bids ("Bid Evaluation Procedures"), and
additional details about the open season.
(c) Duration. An open season held pursuant to
Section 3.1(b) above shall be held for a period of not less than
five (5) Business Days. During this time, TRES PALACIOS will
accept bids from potential Customers for the service identified in
the notice of the open season.
(d) At the conclusion of the open season, the value
of each submitted bid will be determined according to the Bid
Evaluation Procedures. TRES PALACIOS reserves the right to reject
any bid which (i) may detrimentally impact the operational
integrity of TRES PALACIOS' facility, (ii) yields an economic
value that is unacceptable to TRES PALACIOS, (iii) does not
satisfy all of the terms of a specific open season, (iv) does not
contain all of the required information specified in the notice of
the open season, (v) contains terms and conditions other than
those contained in TRES PALACIOS' FERC Gas Tariff, and/or (vi)
does not meet TRES PALACIOS' creditworthiness requirements set
forth in Section 3.3 of these General Terms and Conditions. If
TRES PALACIOS rejects any request for available capacity posted
pursuant to this Section 3.1(d), TRES PALACIOS will notify the
potential Customer that submitted the rejected bid of the
reason(s) for such rejection via e-mail.
(e) During the allocation process at the conclusion
of an open season, storage capacity will be allocated to the
acceptable bid(s) in accordance with the Bid Evaluation
Procedures.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 106 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(f) Execution of Agreements. A prospective Customer
allocated storage capacity in an open season shall be required to
execute one or more Storage Service Agreements for Firm Storage
Service no later than 30 consecutive days following the close of
the open season or forfeit the service that has been allocated to
it.
(g) Firm storage capacity that is or becomes available
in TRES PALACIOS' facilities outside of an open season or for
which TRES PALACIOS determines, pursuant to Section 3.1(a) above,
that an open season will not be held shall be posted on TRES
PALACIOS' Internet Web Site pursuant to Section 284.13(d)(1) of
the Commission's regulations and shall be allocated on a first-
come, first-served basis to the first prospective Customer
offering to pay a rate for service that TRES PALACIOS finds
acceptable. From time to time, TRES PALACIOS may negotiate with
Customers for prearranged storage service for a future period or
for interim service. TRES PALACIOS will post information
regarding available storage capacity on its Internet Web Site
before it provides such information to any potential Customer.
3.2 Requests for Service. Any prospective Customer
wishing to obtain service from TRES PALACIOS shall submit in
writing to TRES PALACIOS a request for service in substantially
the same format as that shown in Section 33. Such request may be
delivered in person or submitted by United States mail, overnight
courier service, or facsimile transmission (fax). TRES PALACIOS
shall evaluate and respond to prospective Customer's request
within five (5) Business Days of its receipt. If TRES PALACIOS
and prospective Customer mutually agree to the rates prospective
Customer will pay for service, TRES PALACIOS shall, subject to
execution of a Storage Service Agreement, endeavor to provide
service within the time specified in the written request.
Prospective Customer's request for service shall be considered
complete only if the information specified in Sections 3.3 and 3.4
of these General Terms and Conditions is provided in writing.
Requests for service may be sent to:
Laura Luce
TRES PALACIOS GAS STORAGE LLC
53 Riverside Avenue
Westport CT 06880
Telephone: 203-557-1000
Facsimile: 203-557-0577
e-mail: LLuce@trespalaciosgasstorage.com
3.3 Information Requirements. Each request for
service shall include the following information:
(a) Prospective Customer's name, address,
representative and telephone number.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 107 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(b) A statement as to whether the prospective Customer
is a local distribution company ("LDC"), an intrastate pipeline
company, an interstate pipeline company, a marketer/broker, a
producer, an end user or an other type of entity (which other
entity must be described).
(c) Type of service requested, whether FSS, NNSS, FP,
FL, ISS, IHBS, IP, IL or IW.
(d) Quantity requested:
(1) MDIQ, MDWQ and, as applicable, MSQ, Maximum
Park Quantity, or Maximum Loan Quantity
(stated in Dth).
(2) MDRQ (stated in Dth/Day) for each Transporter
(FSS, FP and FL only).
(3) MDDQ (stated in Dth/Day) for each Transporter
(FSS, FP and FL only).
(4) For no-notice service, No-Notice Maximum Daily
Quantity (stated in Dth/Day).
(5) For interruptible wheeling service, MDTQ.
(e) Price offered by the prospective Customer for each
service requested.
(f) Term of service, including the date service is
requested to commence and the date service is requested to
terminate.
(g) Evidence of creditworthiness. Acceptance of a
service request and/or continuation of service is contingent upon
TRES PALACIOS' completion of a credit appraisal it deems
satisfactory in accordance with the criteria set forth in this
Section. To enable TRES PALACIOS to conduct such credit
appraisal, a prospective Customer shall submit the information
enumerated below, to the extent such information is applicable to
such prospective Customer; provided, however, that TRES PALACIOS'
receipt of such material shall not be deemed acceptance of a
request for service, which acceptance shall be made only after
TRES PALACIOS' receipt of the material and information set forth
below and a determination by TRES PALACIOS that the prospective
Customer is sufficiently creditworthy. A prospective Customer
shall not be required to provide the foregoing information if
prospective Customer has a Credit Rating, as defined in Section 31
of these General Terms and Conditions, or if prospective Customer
has agreed to provide Financial Assurances in accordance with
Section 31. TRES PALACIOS shall maintain the confidentiality of
any non-public information received from a prospective Customer
pursuant to this Section. A prospective Customer shall be deemed
creditworthy if the prospective Customer has an Acceptable Credit
Rating,
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 108 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
as defined in Section 31 of these General Terms and Conditions, or
if the prospective Customer satisfies TRES PALACIOS' credit
appraisal criteria based on an evaluation of the material provided
by prospective Customer pursuant to this Section. If TRES
PALACIOS concludes that a prospective Customer is not
creditworthy, TRES PALACIOS shall provide written notice to the
prospective Customer within ten (10) days after that determination
is made. If requested by the prospective Customer, TRES PALACIOS
will provide a written explanation of the basis for its
determination within five (5) days of such request. A prospective
Customer may challenge TRES PALACIOS' determination by providing a
written rebuttal in accordance with Section 3.3(j)(6) of these
General Terms and Conditions. TRES PALACIOS shall respond to such
a rebuttal in writing within five (5) business days in accordance
with Section 3.3(j)(7). Any reevaluation of credit by TRES
PALACIOS in response to such a rebuttal by a prospective Customer
shall be based on the creditworthiness criteria set forth in this
Section.
(1) Prospective Customer shall provide current audited financial
statements, annual reports, 10-K reports, interim financial
statements with attestation by the Chief Financial Officer (or
equivalent) that such statements are a true, correct and fair
representation of financial condition prepared in accordance with
Generally Accepted Accounting Principles and other filings with
regulatory agencies which discuss the prospective Customer's
financial status, a list of all corporate affiliates, parent
companies and subsidiaries, and any reports from credit reporting
and bond rating agencies which are available;
(2) Prospective Customer shall provide a bank reference and at
least two trade references. The results of reference checks and
any credit reports must show that the prospective Customer's
obligations are being paid on a reasonably prompt basis;
(3) Prospective Customer shall confirm in writing that it is not
operating under any chapter of the bankruptcy laws and is not
subject to liquidation or debt reduction procedures under state
laws, such as an assignment for the benefit of creditors, or any
informal creditors' committee agreement. An exception can be made
for a prospective Customer that is a debtor in possession
operating under Chapter XI of the U.S. Bankruptcy Code but only
with adequate assurance that the service billing will be paid
promptly as a cost of administration under the bankruptcy court's
jurisdiction;
(4) Prospective Customer shall confirm in writing that it is not
aware of any change in business conditions which would cause a
substantial deterioration in its financial condition, a condition
of insolvency or the inability to exist as an ongoing business
entity;
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 109 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(5) If Prospective Customer has an on-going business relationship
with TRES PALACIOS, no delinquent balances shall be outstanding
for services TRES PALACIOS shall have previously performed and
Customer shall have paid its account in the past according to the
established terms and not made deductions or withheld payment for
claims not authorized by contract;
(6) Prospective Customer shall confirm in writing that no
significant collection lawsuits or judgments are outstanding which
would seriously reflect upon the business entity's ability to
remain solvent;
(7) For prospective Customers that are state-regulated local
distribution companies, documentation provided by each state
regulatory commission (or equivalent authority) having
jurisdiction over the local distribution company's rates
establishing the existence and effectiveness of an authorized gas
cost recovery mechanism which (x) provides for full recovery of
both gas commodity and transportation capacity costs and (y) is
afforded regulatory asset accounting treatment in accordance with
Generally Accepted Accounting Principles;
(8) A Statement of prospective Customer's legal composition and a
statement of the length of time Customer's business has been in
operation; and
(9) Such other information as may be mutually agreed to by TRES
PALACIOS and prospective Customer.
(h) In the event prospective Customer cannot provide
the information specified in Section 3.3(g) above, it shall, if
applicable, provide that information for its parent company.
(i) TRES PALACIOS shall not be required to perform or
to continue service under any Rate Schedule on behalf of any
Customer or prospective Customer which is or has become insolvent
or which, at TRES PALACIOS' request, fails to demonstrate
creditworthiness in accordance with Section 3.3, and TRES PALACIOS
may take such action as is permitted in Section 28.2 of these
General Terms and Conditions; provided, however, that such
Customer or prospective Customer may receive service under any
Rate Schedule if it provides Financial Assurances pursuant to
Section 31. For purposes of this Section 3.3(i), the insolvency
of a Customer or prospective Customer shall be conclusively
demonstrated by the filing by Customer, or any parent entity
thereof or guarantor of Customer, of a voluntary petition in
bankruptcy or the entry of a decree or order by a court having
jurisdiction in the premises adjudging the Customer, or any parent
entity thereof or guarantor of Customer, bankrupt or insolvent, or
approving, as properly filed, a petition seeking reorganization,
arrangement, adjustment or composition of or in respect of the
Customer, or any parent entity thereof or guarantor of Customer,
under the U.S. Bankruptcy Code or any other applicable
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 110 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
federal or state law, or appointing a receiver, liquidator,
assignee, trustee, sequestrator (or other similar official) of the
Customer, or any parent entity thereof or guarantor of Customer,
or of any substantial part of their property, or the ordering of
the winding-up or liquidation of their affairs, with said order or
decree continuing unstayed and in effect for a period of sixty
(60) consecutive days. TRES PALACIOS may not take any action
under this Section 3.3(i) which conflicts with any order of the
U.S. Bankruptcy Court.
(j) TRES PALACIOS' determination of a Customer's
or prospective Customer's creditworthiness shall be subject to the
following procedures:
(1) If TRES PALACIOS requests additional information to be used
for credit evaluation after the initiation of service, TRES
PALACIOS, contemporaneous with the request, shall provide its
reason(s) for requesting the additional information to Customer
and designate to whom the response shall be sent. TRES PALACIOS
and Customer may mutually agree to waive the requirements of this
standard.
(2) Upon receipt of either an initial or follow-up request from
TRES PALACIOS for information to be used for creditworthiness
evaluation, Customer's or prospective Customer's authorized
representative(s) shall acknowledge receipt of TRES PALACIOS'
request. TRES PALACIOS and the Customer or prospective Customer
may mutually agree to waive the requirements of this standard.
(3) Customer's or prospective Customer's authorized
representative(s) shall respond to TRES PALACIOS' request for
credit information, as allowed by TRES PALACIOS' tariff, on or
before the due date specified in the request. Customer or
prospective Customer shall provide all the credit information
requested by TRES PALACIOS or provide the reason(s) why any of the
requested information was not provided.
(4) Upon receipt from Customer or prospective Customer of all
credit information provided pursuant to applicable NAESB WGQ
standards, TRES PALACIOS shall notify the Customer's or
prospective Customer's authorized representative(s) that it has
received such information. TRES PALACIOS and Customer or
Prospective Customer may mutually agree to waive the requirements
of this standard.
(5) (i) Customer or prospective Customer shall designate up to
two representatives who are authorized to receive notices
regarding the Customer's or prospective Customer's
creditworthiness, including requests for additional information,
pursuant to the applicable NAESB WGQ standards and shall provide
to TRES PALACIOS the Internet e-mail addresses of such
representatives prior to the initiation of service.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 111 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
Written requests and responses shall be provided via
Internet e-mail, unless otherwise agreed to by the parties. The
obligation of TRES PALACIOS to provide creditworthiness
notifications is waived until the above requirement has been met.
Customer or prospective Customer shall manage internal
distribution of any creditworthiness notices that are received.
(ii) TRES PALACIOS shall designate, on its Internet Web Site
or in written notices to Customer or prospective Customer, the
Internet e-mail addresses of up to two representatives who are
authorized to receive notices regarding Customer's or prospective
Customer's creditworthiness. Customer's or prospective Customer's
obligation to provide confirmation of receipt is met by sending
such confirmation to such representatives, and TRES PALACIOS shall
manage internal distribution of any such confirmations.
(6) At any time after Customer or prospective Customer is
determined to be noncreditworthy by TRES PALACIOS, Customer or
prospective Customer may initiate a creditworthiness re-evaluation
by TRES PALACIOS. As part of Customer's or prospective Customer's
reevaluation request, Customer or prospective Customer shall
either update or confirm in writing the prior information provided
to TRES PALACIOS related to Customer's or prospective Customer
creditworthiness. Such update shall include any event(s) that
Customer or prospective Customer believes could lead to a material
change in Customer's or prospective Customer's creditworthiness.
(7) After TRES PALACIOS' receipt of a Customer's or prospective
Customer's request for re-evaluation, including all required
information pursuant to NAESB WGQ Standard 0.3.8 ("Customer's
Request"), within five (5) Business Days, TRES PALACIOS shall
provide a written response to Customer's Request. Such written
response shall include either a determination of creditworthiness
status, clearly stating the reason(s) for TRES PALACIOS' decision,
or an explanation supporting a future date by which a re-
evaluation determination will be made. In no event shall such re-
evaluation determination exceed twenty (20) Business Days from the
date of the receipt of Customer's Request unless specified in TRES
PALACIOS' tariff or if the parties mutually agree to some later
date.
(8) In complying with the creditworthiness related notifications
pursuant to the applicable NAESB WGQ standards, the Customer(s)
and TRES PALACIOS may mutually agree to other forms of
communication in lieu of Internet e-mail notification.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 112 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
3.4 Additional Information.
(a) Customer shall also promptly provide such
additional Customer credit information as may be reasonably
required by TRES PALACIOS, at any time during the term of service
under a Storage Service Agreement, to enable TRES PALACIOS to
determine Customer's creditworthiness.
(b) After receipt of a request for service, TRES
PALACIOS may require that prospective Customer furnish additional
information as a prerequisite to TRES PALACIOS offering to execute
a Storage Service Agreement with such prospective Customer. Such
information may include proof of prospective Customer's lawful
right and/or title to cause the Gas to be delivered to TRES
PALACIOS for service under this FERC Gas Tariff and of prospective
Customer's contractual or physical ability to cause such Gas to be
delivered to and received from such prospective Customer's
designated Point(s) of Delivery and/or Receipt.
(c) Should a Customer or a prospective Customer desire
TRES PALACIOS to provide service pursuant to Section 311 of the
Natural Gas Policy Act, it shall provide to TRES PALACIOS a
statement warranting that it complies with all requirements for
receiving service pursuant to Section 311 and FERC's regulations
thereunder, including, but not limited to, compliance with the
"on-behalf-of" requirement then in effect.
3.5 Request Validity. If TRES PALACIOS has tendered a
Storage Service Agreement for execution to a prospective Customer
and such prospective Customer fails to execute the agreement as
tendered within 30 consecutive days from the date it receives the
agreement, TRES PALACIOS may consider prospective Customer's
service request void. For service under Rate Schedule FSS, NNSS,
FP or FL, TRES PALACIOS will not be required to tender a Storage
Service Agreement to a prospective Customer for execution that
relates to requests for service for which TRES PALACIOS does not
have sufficient available firm capacity.
3.6 Customer's Performance. Customer is required to
provide to TRES PALACIOS information identifying (1) the State of
the source of Gas that is to be stored and/or transported and (2)
such other information if required in order for TRES PALACIOS to
comply with any FERC reporting or other requirements.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 113 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
3.7 Complaints. In the event that a Customer or
prospective Customer has a complaint relative to service under
this FERC Gas Tariff, the Customer or prospective Customer shall
provide a description of the complaint, including the
identification of the service request (if applicable), and
communicate it to:
TRES PALACIOS GAS STORAGE LLC
53 Riverside Avenue
Westport CT 06880
Telephone: 203-557-1000
Facsimile: 203-557-0577
e-mail: lluce@trespalaciosgasstorage.com
TRES PALACIOS will respond initially within forty-eight
(48) hours and in writing within 30 days of receipt of the
complaint advising Customer or a prospective Customer of the
disposition of the complaint. In the event the required date of
TRES PALACIOS' response falls on a Saturday, Sunday or a holiday
that affects TRES PALACIOS, TRES PALACIOS shall respond by the
next Business Day.
3.8 Information.
(a) Any person may request information on pricing,
terms of storage, parking or wheeling service or capacity
availability by contacting TRES PALACIOS at the following:
TRES PALACIOS GAS STORAGE LLC
53 Riverside Avenue
Westport CT 06880
Telephone: 203-557-1000
Facsimile: 203-557-0577
e-mail: lluce@trespalaciosgasstorage.com
(b) Each Customer will be provided with a list of phone
numbers for TRES PALACIOS' Gas dispatch and control personnel, who
are on-call 24-hours a day.
3.9 Construction of Facilities. TRES PALACIOS shall
not be required to provide any requested service under any Rate
Schedule which would require construction or acquisition by TRES
PALACIOS of new facilities, or expansion of existing facilities.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 114 : Effective |
| FERC Gas Tariff | | Original Sheet No. 114 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
4. CAPACITY RELEASE
Any Customer under Rate Schedules FSS, NNSS, FP or FL may seek
to release to others any or all of its firm service entitlements
on a full Day or an intraday basis, on a permanent or a temporary
basis, and on a firm or recallable basis, subject to the following
terms and conditions:
4.1 Notice of Offer. A Customer offering to release firm
service entitlements shall post the terms of its proposed release
on TRES PALACIOS' Internet Web Site by the posting deadline as
determined pursuant to Section 4.3 herein. If Customer is unable
to post such information on TRES PALACIOS' Internet Web Site,
Customer shall notify TRES PALACIOS via the Internet Web Site of
the terms of its offer, by the posting deadline as determined
pursuant to Section 4.3 herein, and TRES PALACIOS will post this
information on the Internet Web Site. The Customer may propose a
designated Pre-arranged Replacement Customer to which the capacity
would be released. Offers shall be binding unless written or
electronic notice of withdrawal is received by TRES PALACIOS prior
to the close of the applicable bid period; provided, however, such
withdrawal shall only be valid if such Customer has an
unanticipated requirement for such capacity and no minimum bid has
been made. The notice must contain the reason for withdrawal
which TRES PALACIOS shall post on the Internet Web Site. The
offer shall contain the following minimum information:
(a) Customer's legal name and the name/title of
individual who has authorized the offer to release;
(b) TRES PALACIOS' Storage Service Agreement number;
(c) A description of the capacity to be released,
including the Maximum Storage Quantity, No-Notice Maximum Daily
Quantity, Maximum Park Quantity or Maximum Loan Quantity, as
applicable, and the Maximum Daily Receipt Quantity, the Maximum
Daily Delivery Quantity, the Maximum Daily Injection Quantity, and
the Maximum Daily Withdrawal Quantity and the associated Point(s)
of Receipt and Point(s) of Delivery (Replacement Customer may
request changes to such Receipt and Delivery Point(s) subject to
the proposed release and subject to the daily quantity limitations
described in Section 4.2 below);
(d) The proposed effective date and term of the
release;
(e) The identity of any designated Pre-arranged
Replacement Customer (pursuant to Section 4.4), a statement as to
whether the Pre-arranged Replacement Customer is an asset manager
(as defined by FERC regulations at 18 C.F.R. 284.8(h)(3)) or
marketer participating in a state-regulated retail access program
(as defined by FERC regulations at 18 C.F.R. 284.8(h)(4)), and
the full terms of such pre-arranged release;
(f) The method to be applied in evaluating bids,
allocating capacity and breaking ties, as described below;
| Issued by: |
| Issue date: |
|
Effective date: 03/20/03 |
| Tres Palacios Gas Storage LLC |
|
Substitute First Revised Sheet No. 115 : Effective |
| FERC Gas Tariff | | Original Sheet No. 115 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(g) Whether, to what extent, and the conditions
pursuant to which capacity will be subject to recall for a full
Day or a partial Day; if recallable, (1) whether the Releasing
Customer's recall notification must be provided exclusively on a
Business Day, and (2) any reput methods and rights associated with
returning the previously released capacity to the Replacement
Customer;
(h) Whether bids on a volumetric rate basis may be
submitted, and, if so, the method for evaluating any such bids,
including how to rank bids if bids are also to be accepted on a
demand charge basis, and any other special conditions;
(i) Whether contingent bids that extend beyond the bid
period may be submitted, how to evaluate and prioritize such bids
against non-contingent bids, and the terms and conditions under
which, and/or for what time period, the next highest bidder will
be obligated to acquire the capacity should the winning contingent
bidder withdraw its bid;
(j) Any extensions of the minimum posting/bid periods;
(k) Whether Releasing Customer desires to utilize the
first-come, first-served option for short-term releases described
in Section 4.6 below and any minimum terms applicable thereto;
(l) Other special terms and conditions Releasing
Customer imposes on the release of its capacity, including, but
not limited to, minimum rates, term and quantity;
(m) Whether to specify dollars and cents or percents
of rates in the denomination of bids;
(n) For purposes of bidding and awarding, any minimum
rates specified by the Releasing Customer shall include the tariff
reservation rate and all demand surcharges, as a total number or
as stated separately;
(o) Whether the release is on a permanent or a
temporary basis;
(p) An e-mail address for the Releasing Customer
contact person. It is Customer's responsibility to update e-mail
address information provided to TRES PALACIOS, as necessary;
(q) The recall notification period(s), as identified
in Section 4.13(e) below, that will be available for use by the
parties and
| Issued by: |
| Issue date: |
|
Effective date: 03/20/03 |
| Tres Palacios Gas Storage LLC |
|
Substitute Original Sheet No. 115A : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(r) A description of any Storage Inventory that must be
transferred with released storage capacity, including (i) the
quantity of Gas in Storage Inventory to be transferred to the
Replacement Customer at the beginning of the release term, (ii)
the quantity of Gas which Replacement Customer is to cause to be
in the Storage Inventory to be transferred to the Releasing
Customer at the end of the release term, (iii) the price(s) (if
applicable) to be paid by the Replacement Customer to the
Releasing Customer and/or by the Releasing Customer to the
Replacement Customer for the transfers of Gas in Storage Inventory
described in items (i) and (ii), and (iv) any other reasonable
conditions that the Releasing Customer chooses to place on the
storage inventory transfers.
4.2 Intraday Release Quantity. The daily contractual
entitlement that can be released by a Releasing Customer for an
intraday release is limited to the lesser of:
(a) the quantity contained in the offer submitted by
the Releasing Customer; or
(b) a quantity equal to 1/24th of the Releasing
Customer's MDIQ and MDWQ for the contract to be released
multiplied by the number of hours between the effective time of
the release and the end of the Day.
| Issued by: |
| Issue date: |
|
Effective date: 03/20/03 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 116 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
This allocated daily contractual entitlement shall be used for
purposes of nominations, billing, and if applicable, for overrun
calculations.
The MSQ, Maximum Park Quantity or Maximum Loan Quantity that can
be released by a Releasing Customer for an intraday release is
limited to a quantity not in excess of the Releasing Customer's
MSQ, Maximum Park Quantity or Maximum Loan Quantity, less the
Releasing Customer's Storage Inventory or Loan Balance.
4.3 Posting and Bidding Timeline. For the Capacity
Release business process timing model, only the following
methodologies shall be supported by TRES PALACIOS and provided to
Releasing Customers as choices from which they may select and,
once chosen, shall be used in determining the awards from the
bid(s) submitted. They are: 1) highest rate, 2) net revenue and
3) present value. Other choices of bid evaluation methodology
(including other Releasing Customer defined evaluation
methodologies) can be accorded similar timeline evaluation
treatment at TRES PALACIOS' discretion; however, TRES PALACIOS is
not required to offer other choices or similar timeline treatment
for other choices. Further, TRES PALACIOS shall not be held to
the timeline specified in Sections 4.3(a) and 4.3(b) below should
the Releasing Customer elect another method of evaluation. Should
the Releasing Customer elect another method of evaluation, the
timeline specified in Section 4.3(c) below shall apply. The
proposed duration of Customer's release determines the minimum bid
period for the Customer's offer pursuant to this Section 4. The
Capacity Release timeline is applicable to all parties involved in
the Capacity Release process; however, it is only applicable if
(i) all information provided by the parties to the transaction is
valid and the Replacement Customer has been determined to be
creditworthy before the capacity release bid is tendered and (ii)
there are no special terms or conditions of the release.
The Capacity Release timeline is as follows:
(a) For standard releases of less than one (1) year:
- Offers shall be tendered by 12:00 p.m. CCT on a Business Day;
- The bid period shall end at 1:00 p.m. CCT on the same Business
Day or at 1:00 p.m. CCT on any subsequent Business Day as
specified in Releasing Customer's offer, whichever is elected by
Releasing Customer;
- Evaluation period begins at 1:00 p.m. CCT on the Day the bid
period ends, during which contingency is eliminated, determination
of best bid is made, and ties are broken;
- Evaluation period ends and award is posted if no match is
required at 2:00 p.m. CCT the same Day;
- If the Prearranged Replacement Customer's bid is not the "best
bid", TRES PALACIOS shall allow such Prearranged Replacement
Customer a Matching Period of thirty (30) minutes from 2:00 p.m.
until 2:30 p.m. CCT on the Day the Bid Period ends, or such later
time as specified in the Releasing Customer's offer, to determine
whether to match the "best bid" and to notify TRES PALACIOS of its
decision.
- If a match is required, the award will be posted by 3:00 p.m.
CCT.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 117 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
TRES PALACIOS will issue a contract within one hour of the award
posting (with a new contract number, when applicable).
Nominations for Gas flow are possible beginning at the next
available nomination cycle for the effective date of the contract.
Such nominations will be processed in accordance with the
nomination and scheduling requirements of Section 8 of the General
Terms and Conditions; however, in no circumstance will Gas flow
prior to the effective date of the release as specified in
Releasing Customer's offer.
(b) For standard releases of one year or longer:
- Offers shall be tendered by 12:00 p.m. CCT four Business Days
before the award;
- The bid period shall end at 1:00 p.m. CCT on the Day before
timely nominations are due (open season is three Business Days) or
at 1:00 p.m. CCT on any subsequent Business Day as specified in
Releasing Customer's offer, whichever is elected by Releasing
Customer;
- Evaluation period begins at 1:00 p.m. CCT on the Day the bid
period ends, during which contingency is eliminated, determination
of best bid is made, and ties are broken;
- Evaluation period ends and award is posted if no match is
required at 2:00 p.m. CCT the same Day;
- If the Prearranged Replacement Customer's bid is not the "best
bid," TRES PALACIOS shall allow such Prearranged Replacement
Customer a Matching Period of thirty (30) minutes from 2:00 p.m.
CCT until 2:30 p.m. CCT on the Day the Bid Period ends, or such
later time as specified in the Releasing Customer's offer, to
determine whether to match the "best bid" and to notify TRES
PALACIOS of its decision.
- If a match is required, the award will be posted by 3:00 p.m.
CCT.
TRES PALACIOS will issue a contract within one hour of the award
posting (with a new contract number, when applicable).
Nominations for Gas flow are possible beginning at the next
available nomination cycle for the effective date of the contract.
Such nominations will be processed in accordance with the
nomination and scheduling requirements of Section 8 of the General
Terms and Conditions; however, in no circumstance will Gas flow
prior to the effective date of the release as specified in
Releasing Customer's offer.
(c) Timeline for Non-standard Releases. If Customer
specifies a bid evaluation methodology other than those stated in
Section 4.7 or specifies any special terms or conditions, the
above timelines shall apply; provided, however, one additional
Business Day will be added to the evaluation period. Subsequent
deadlines will be delayed by such additional Business Day, causing
Gas flow to occur at least one Day later than under the standard
timelines set forth in Sections 4.3(a) and 4.3(b).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 118 : Effective |
| FERC Gas Tariff | | Original Sheet No. 118 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(d) Releases Not Subject to Bidding. Prearranged
capacity releases of a duration of thirty-one (31) Days or less,
to an asset manager (as defined by FERC regulations at 18 C.F.R.
284.8(h)(3)) or to a marketer participating in a state-regulated
retail access program (as defined by FERC regulations at 18 C.F.R.
284.8(h)(4)) are not required to be posted for bidding pursuant
to Section 4.3. Nonetheless, Releasing Shipper may elect to post
one of the foregoing releases for bidding pursuant to Section 4.3.
Releasing Customer shall notify TRES PALACIOS of the foregoing
releases by providing the information pursuant to Section 4.1,
which information will be posted on the Internet Web Site (as
required by Section 4.5) in accordance with the following
timelines:
Timely Cycle:
Posting of prearranged deals not subject to bid are
due by 10:30 a.m. CCT.
Evening Cycle:
Posting of prearranged deals not subject to bid are
due by 5:00 p.m. CCT.
Intraday 1 Cycle:
Posting of prearranged deals not subject to bid are
due by 9:00 a.m. CCT.
Intraday 2 Cycle:
Posting of prearranged deals not subject to bid are
due by 4:00 p.m. CCT.
Prior to the nomination deadline for the chosen cycle for the
begin date specified in the Releasing Customer's notice, the
Prearranged Replacement Customer must initiate confirmation of
prearranged deals electronically. TRES PALACIOS will issue a
contract within one hour of notification of the release (with a
new contract number, when applicable). Nominations for Gas flow
are possible beginning at the next available nomination cycle for
the effective date of the contract. Such nominations will be
processed in accordance with the nomination and scheduling
requirements of Section 8 of the General Terms and Conditions;
however, in no circumstance will Gas flow prior to the effective
date of the release as specified in Releasing Customer's offer.
If a release of capacity is exempt from bidding because it is for
a term of thirty-one (31) days or less, a Releasing Shipper may
not roll-over, extend, or in any way continue the release to the
same Replacement Shipper using the thirty-one (31) day or less
bidding exemption, unless the Releasing Shipper complies with the
posting and bidding requirements of Section 4.3 or not less than
twenty-eight (28) days have elapsed since the conclusion of the
prior release period.
| Issued by: |
| Issue date: |
|
Effective date: 03/20/03 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 119 : Effective |
| FERC Gas Tariff | | Original Sheet No. 119 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
TRES PALACIOS shall post offers and bids, including pre-arranged
deals, upon receipt, unless Releasing Customer requests otherwise.
If Releasing Customer requests a posting time, TRES PALACIOS
shall support such request insofar as it comports with the
standard timeline. A Releasing Customer cannot specify an
extension of the original bid period or the pre-arranged deal
match period, without posting a new release.
4.4 Pre-arranged Releases. Releasing Customer may
designate an entity (a designated "Pre-arranged Replacement
Customer") to which it has agreed to release the capacity upon
specified terms and conditions. Customer's offer to release under
such a pre-arranged transaction shall be subject to the prior
posting and bidding procedures described in Sections 4.5 and 4.6,
herein, with the designated Pre-arranged Replacement Customer
being given a right to match the best bid submitted during the bid
period; provided, however, if a pre-arranged transaction with a
Pre-arranged Replacement Customer is for a period of thirty-one
(31) Days or less, to an asset manager (as defined by FERC
regulations at 18 C.F.R. 284.8(h)(3)) or to a marketer
participating in a state-regulated retail access program (as
defined by FERC regulations at 18 C.F.R. 284.8(h)(4)), the
Releasing Customer shall provide notice to TRES PALACIOS in
accordance with this Section and may implement the release without
complying with such prior posting and bidding procedures. Notices
of such exempted releases shall be posted on the Internet Web Site
in accordance with Section 4.3 herein.
4.5 Posting. Following receipt of a notice of offer to
release capacity which satisfies the requirements set forth in
this Section, TRES PALACIOS will post such information on its
Internet Web Site in accordance with the timeline set forth in
Section 4.3 herein. TRES PALACIOS shall also post offers to
purchase capacity from those who desire current Customers to
release capacity upon receipt of the applicable information as set
forth in this Section.
4.6 Bidding and Selection of Replacement Customer.
(a) If Releasing Customer desires to solicit bids for
releases of thirty-one (31) Days or less, it may direct TRES
PALACIOS to post notice of the availability of such capacity and,
in lieu of permitting bids during the otherwise applicable posting
period, Releasing Customer may direct TRES PALACIOS to award the
capacity to the bidder which submits first in time a valid bid
meeting any minimum terms specified by the Releasing Customer.
(b) Any bid submitted by a prospective Replacement
Customer shall include an e-mail address for at least one contact
person, and it is the Customer's responsibility to update e-mail
address information provided to TRES PALACIOS, as necessary. A
bidder may not have more than one eligible bid for the same
release offer at any time. Bids shall be binding until written or
electronic notice of withdrawal is received by TRES PALACIOS
before the end of the bid period. Bids cannot be withdrawn after
the bid period ends. Once a bid is withdrawn, that bidder may only
submit a new bid pursuant to that release offer if it is at a
higher rate than the withdrawn bid.
| Issued by: |
| Issue date: |
|
Effective date: 03/20/03 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 120 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(c) TRES PALACIOS shall evaluate the bids in
accordance with the provisions of Section 4.7 and determine the
best bid in accordance with the timelines set forth in Section 4.3
herein. TRES PALACIOS shall notify Releasing Customer, the best
bidder, and any designated Pre-arranged Replacement Customer of
such determination in accordance with the timelines set forth in
Section 4.3 herein. If there is a designated Pre-arranged
Replacement Customer, it may exercise its right to match such best
bid by providing written notice of such exercise to TRES PALACIOS
and Releasing Customer in accordance with the timelines set forth
in Section 4.3 herein. After the Replacement Customer is
selected, TRES PALACIOS will finalize an appropriate Addendum to
the Capacity Release Umbrella Agreement in the form contained in
this FERC Gas Tariff. TRES PALACIOS will provide a copy of this
Addendum to the Replacement Customer via facsimile, at which time
the Replacement Customer will have the same rights and obligations
as any other existing Customer on TRES PALACIOS' system. Following
implementation of the release, TRES PALACIOS shall post notice of
the winning bidder on the Internet Web Site.
4.7 Best Bid. When TRES PALACIOS makes awards of
capacity for which there have been multiple bids meeting minimum
conditions, TRES PALACIOS shall award the bids, best bid first,
until all offered capacity is awarded. The capacity being awarded
represents the Maximum Daily Injection Quantity, Maximum Daily
Withdrawal Quantity, or Maximum Storage Quantity. These
quantities are separate parts of the capacity and are awarded
until one of the quantities is fully awarded, at which point all
capacity is deemed to be fully awarded. TRES PALACIOS shall
evaluate and determine the best bid among those otherwise
consistent with any terms and conditions specified by the
Releasing Customer as follows:
(a) TRES PALACIOS shall apply the standard or criteria
for such determination specified by the Releasing Customer,
including the standard to be used for breaking ties. Any standard
or criteria so specified must be objective, economic, not unduly
discriminatory, not contrary to applicable provisions of this FERC
Gas Tariff, applicable to all prospective Replacement Customers
and require TRES PALACIOS in applying such standard to exercise no
more than a ministerial function. The Releasing Customer shall
indemnify and hold TRES PALACIOS harmless from and against all
demands, losses, claims, expenses, causes of action and/or damages
suffered or incurred by TRES PALACIOS arising out of or related to
any determination of a "best bid" pursuant to a standard
specified, supplied, approved or provided by Releasing Customer.
(b) In default of Releasing Customer specifying a bid
evaluation standard, TRES PALACIOS shall determine the bid or bids
generating the highest net present value, using a 10% discount
factor, based on the rate bid (reservation or demand component),
the applicable quantity(ies) and term or period bid upon. In
default of Releasing Customer specifying a method to break ties
priority will be given first to the bid with the shortest term,
and next to the bid submitted first in time.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 121 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
4.8 Qualification of Prospective Replacement Customer.
A prospective Replacement Customer must be on TRES PALACIOS'
approved bidders list before bids may be posted on the Internet
Web Site, must satisfy all requirements of the applicable Rate
Schedule and the General Terms and Conditions of this FERC Gas
Tariff and must have executed a Capacity Release Umbrella
Agreement. To be on the approved bidders list, the prospective
Replacement Customer must satisfy TRES PALACIOS' credit
requirements as outlined in Section 3 of the General Terms and
Conditions, and, if applicable, provide the information required
by Section 3 of the General Terms and Conditions. TRES PALACIOS
will apply its creditworthiness criteria to assess the submission.
Such credit appraisal shall be reevaluated and updated every three
(3) months. The prospective Replacement Customer shall remain on
the approved bidders list until such prospective Replacement
Customer (i) notifies TRES PALACIOS to the contrary, (ii) no
longer meets the credit qualifications established in Section 3 of
the General Terms and Conditions, or (iii) is suspended from the
approved bidders list in the event, and for such time as, such
Replacement or Prearranged Replacement Customer fails to pay part
or all of the amount of any bill for service in accordance with
Section 14 of the General Terms and Conditions. TRES PALACIOS
will waive the creditworthiness requirement on a non-
discriminatory basis for Replacement Customers and permit them to
submit bids, if the Releasing Customer provides TRES PALACIOS with
a guarantee or other form of credit assurance in form and
substance satisfactory to TRES PALACIOS of all financial
obligations of the Replacement Customer with respect to the
capacity being released by Releasing Customer prior to the
commencement of service to the Replacement Customer. TRES
PALACIOS shall not award capacity release offers to a prospective
Replacement Customer until and unless the Customer meets TRES
PALACIOS' creditworthiness requirements applicable to all services
that it receives from TRES PALACIOS, including the service
represented by the capacity release.
4.9 Nominations. Following its selection, and prior to
the flow of Gas, the Replacement Customer shall be permitted to
submit nominations pursuant to the terms and conditions of the
applicable Rate Schedule and the General Terms and Conditions of
this FERC Gas Tariff.
4.10 Billing. The Replacement Customer shall be billed
and make payments to TRES PALACIOS in accordance with the
applicable Rate Schedule, other provisions of this FERC Gas Tariff
and of its Storage Service Agreement incorporating its bid terms.
In accordance with the terms of the release, the Replacement
Customer shall pay or be liable for the usage charges (plus all
applicable surcharges, Fuel Reimbursement, taxes, penalties, etc.)
applicable under the relevant Rate Schedule attributable to its
usage of the released capacity. TRES PALACIOS shall continue to
bill the Releasing Customer all applicable charges under its
existing Storage Service Agreement, excluding usage charges (plus
all applicable surcharges, Fuel Reimbursement, taxes, penalties,
etc.) billed to the Replacement Customer and attributable to
Replacement Customer's usage of the released capacity. Invoices
sent to the Releasing Customer shall reflect a credit equal to any
reservation charges (plus all
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 122 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
surcharges applicable thereto) being billed to the Replacement
Customer for the released capacity rights, or as otherwise agreed.
If the Replacement Customer fails to pay when due all or part of
the amounts credited to the Releasing Customer, TRES PALACIOS
shall pursue payment from the Replacement Customer by notifying
such Customer by registered letter, return receipt requested, that
it has five (5) days from receipt of such letter to pay the amount
due including any applicable interest. If the Replacement
Customer fails to pay such amount by the end of the fifth day,
TRES PALACIOS shall reverse the credit and bill the Releasing
Customer for such past due amounts, plus applicable interest.
4.11 Rights and Obligations of the Parties.
(a) The Storage Service Agreement between the Releasing
Customer and TRES PALACIOS shall remain in full force and effect
with the Releasing Customer to receive a credit to its invoice as
described in Section 4.10 above. If the Replacement Customer
fails to pay all or part of the amounts credited to the Releasing
Customer after the five Day notification period specified in
Section 4.10, TRES PALACIOS shall reverse the credit and bill the
Releasing Customer for such past due amounts, plus applicable
interest. The Storage Service Agreement executed by the
Replacement Customer shall be fully effective and enforceable by
and against the Replacement Customer. The Replacement Customer
may also release capacity pursuant to this Section, and in such
event and for such purposes, shall be considered the Releasing
Customer.
(b) TRES PALACIOS shall accept nominations, schedule
service, afford priority of service and interrupt service based on
instructions and communications from the Releasing Customer and
the Replacement Customer which are consistent with one another and
with the terms and conditions of TRES PALACIOS' FERC Gas Tariff
and their respective Storage Service Agreements. In the event
that instructions or nominations from the Releasing Customer and
Replacement Customer are, in TRES PALACIOS' opinion, inconsistent
or conflicting, TRES PALACIOS shall comply with the instructions
of the Releasing Customer; provided, however, that such
instructions must not be inconsistent with TRES PALACIOS' FERC Gas
Tariff or the terms of either the Releasing Customer's or
Replacement Customer's Storage Service Agreement, in TRES
PALACIOS' opinion. The Releasing Customer will indemnify TRES
PALACIOS against any claim or suit by the Replacement Customer,
its successors or assigns arising from any action taken by TRES
PALACIOS in reliance upon the Releasing Customer's nominations and
instructions and will hold TRES PALACIOS harmless for any action
taken by TRES PALACIOS in reliance upon the nominations and
scheduling instructions of the Replacement Customer; provided,
however, that the Releasing Customer shall not be liable for the
Replacement Customer's failure to pay the usage charges (plus all
applicable surcharges, Fuel Reimbursement, taxes, penalties, etc.)
billed to the Replacement Customer and attributable to its usage
of the released capacity. The Replacement Customer will indemnify
TRES PALACIOS against any claim or suit by the Releasing Customer,
its successors or assigns, arising from any action taken by TRES
PALACIOS in reliance upon the nominations and scheduling
instructions of the Replacement Customer and will hold TRES
PALACIOS harmless for any actions taken by TRES PALACIOS in
reliance upon the instructions of the Releasing Customer.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 123 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
4.12 Marketing Fee. If TRES PALACIOS and the Releasing
Customer so agree, TRES PALACIOS may receive a negotiated fee for
its marketing efforts.
4.13 Limitations.
(a) Releases and assignments hereunder shall be for
period(s) of one or more Day(s) and the maximum term shall not
extend beyond the expiration of this FERC Gas Tariff provision or
beyond the expiration of the Releasing Customer's Storage Service
Agreement.
(b) TRES PALACIOS may invalidate any offer to release
or any bid subsequent to its posting on the Internet Web Site
which does not conform to the requirements of this Section and the
other provisions of this FERC Gas Tariff and such invalidated
offer or bid shall be deemed null and void.
(c) Any terms and conditions imposed on the offer to
release by the Releasing Customer as provided for in this Section
4 must be objectively stated, reasonable, capable of
administration or implementation by TRES PALACIOS without any
material increase in burden or expense, applicable to all
potential bidders, not unduly discriminatory, and consistent with
the terms and conditions of this FERC Gas Tariff and Releasing
Customer's Storage Service Agreement.
(d) A Releasing Customer may re-release to the same
Replacement Customer, where such first release was not subject to
posting and bidding pursuant to Section 4.4, for a term of 31 Days
or less, only if: 1) a period of 28 Days has elapsed after the
first release for 31 Days or less has expired or 2) the Point(s)
of Receipt and/or Point(s) of Delivery for the re-release is (are)
different from the Point(s) of Receipt and/or Point(s) of Delivery
of the first release or 3) the Releasing Customer causes the
posting of an offer to release capacity or of a pre-arranged
transaction to be made, and capacity is allocated on the basis of
bids submitted.
(e) Recall Provisions. If the Releasing Customer
retains recall rights, Releasing Customer's offer to release
capacity shall clearly specify the conditions precedent to such
recall and whether the recall right retained by Releasing Customer
is on a full Day or partial Day basis. The Releasing Customer
shall provide capacity recall notification to TRES PALACIOS via
the Internet Web Site. The recall notification shall specify the
recall notification period for the specified effective Day, as
well as any other information needed to uniquely identify the
capacity being recalled. TRES PALACIOS shall support the
following recall notification periods for all released capacity
subject to recall rights:
(1) Timely Recall Notification:
(A) A Releasing Customer recalling capacity should provide notice
of such recall to TRES PALACIOS and the first Replacement Customer
no later than 8:00 A.M. CCT on the Day that Timely Nominations are
due;
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 124 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(B) TRES PALACIOS shall provide notification of such recall to
all affected Replacement Customers no later than 9:00 A.M. CCT on
the Day that Timely Nominations are due;
(2) Early Evening Recall Notification:
(A) A Releasing Customer recalling capacity should provide notice
of such recall to TRES PALACIOS and the first Replacement Customer
no later than 3:00 P.M. CCT on the Day that Evening Nominations
are due;
(B) TRES PALACIOS shall provide notification of such recall to
all affected Replacement Customers no later than 4:00 P.M. CCT on
the Day that Evening Nominations are due;
(3) Evening Recall Notification:
(A) A Releasing Customer recalling capacity should provide notice
of such recall to TRES PALACIOS and the first Replacement Customer
no later than 5:00 P.M. CCT on the Day that Evening Nominations
are due;
(B) TRES PALACIOS shall provide notification of such recall to
all affected Replacement Customers no later than 6:00 P.M. CCT on
the Day that Evening Nominations are due;
(4) Intraday 1 Recall Notification:
(A) A Releasing Customer recalling capacity should provide notice
of such recall to TRES PALACIOS and the first Replacement Customer
no later than 7:00 A.M. CCT on the Day that Intraday 1 Nominations
are due;
(B) TRES PALACIOS shall provide notification of such recall to
all affected Replacement Customers no later than 8:00 A.M. CCT on
the Day that Intraday 1 Nominations are due; and
(5) Intraday 2 Recall Notification:
(A) A Releasing Customer recalling capacity should provide notice
of such recall to TRES PALACIOS and the first Replacement Customer
no later than 2:30 P.M. CCT on the Day that Intraday 2 Nominations
are due;
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 125 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(B) TRES PALACIOS shall provide notification of such recall to
all affected Replacement Customers no later than 3:30 P.M. CCT on
the Day that Intraday 2 Nominations are due.
For recall notification provided to TRES PALACIOS prior to the
recall notification deadline specified above and received between
7:00 A.M. CCT and 5:00 P.M. CCT, TRES PALACIOS shall provide
notification to all affected Replacement Customers no later than
one hour after receipt of such recall notification. For recall
notification provided to TRES PALACIOS after 5:00 P.M. CCT and
prior to 7:00 A.M. CCT, TRES PALACIOS shall provide notification
to all affected Replacement Customers no later than 8:00 A.M. CCT
after receipt of such recall notification.
TRES PALACIOS' notices of recalled capacity to all affected
Replacement Customers shall be provided via the Internet Web Site,
along with written notice via e-mail communication to those
Replacement Customer contact person(s) identified in the
Replacement Customer's bid submitted pursuant to Section 4.6 of
these General Terms and Conditions. Such notices shall contain
the information required to uniquely identify the capacity being
recalled, and shall indicate whether penalties will apply for the
Day for which quantities are reduced due to a capacity recall.
Upon receipt of notification of the recall from TRES PALACIOS,
each affected Replacement Customer shall revise its nominations
within the applicable nomination cycle in order to implement the
recall. Each affected Replacement Customer will be solely
responsible for adjusting its supply and transportation
arrangements, which may be necessary as a result of such recall.
Replacement Customers involved in re-release transactions may
receive notice slightly after the first Replacement Customer
receives notice. The recalling Releasing Customer may nominate
the recalled capacity consistent with the applicable nomination
cycle, as defined in Section 8.2(f) of these General Terms and
Conditions.
(f) Partial Day Recall Quantity. The daily contractual
entitlement that can be recalled by a Releasing Customer for a
partial Day recall is a quantity equal to the lesser of:
(1) The quantity specified in the Releasing Customer's notice to
recall capacity; or
(2) The difference between the quantity released by the Releasing
Customer and the Elapsed Prorata Capacity.
In the recall notification provided to TRES PALACIOS by the
Releasing Customer, the quantity to be recalled shall be expressed
in terms of the adjusted total released capacity entitlements
based upon the Elapsed Prorata Capacity. In the event of an
intraday capacity recall, TRES PALACIOS shall determine the
allocation of capacity between the Releasing Customer and the
Replacement Customer(s) based upon the Elapsed Prorata Capacity.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 126 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
The amount of capacity allocated to the Replacement
Customer(s) shall equal the original released quantity less the
recalled capacity. This allocated daily contractual quantity
shall be used for purposes of nominations, billing, and, if
applicable, for overrun calculations. As a result of the
allocation of capacity described in this Section, TRES PALACIOS
shall not be obligated to deliver a combined quantity to the
Releasing Customer and the Replacement Customer(s) that is in
excess of the total daily contract quantity of the release.
(g) Reput Provisions. TRES PALACIOS shall support the
function of reputting by the Releasing Customer. The Releasing
Customer may reput previously recalled capacity to the Replacement
Customer pursuant to the reput rights and methods identified in
the Releasing Customer's Notice to release capacity, as required
by Section 4.1(g). When capacity is recalled, such capacity may
not be reput for the same Day. The deadline for the Releasing
Customer to notify TRES PALACIOS of a reput of capacity is 8:00
A.M. CCT to allow the Replacement Customer to submit timely
nominations for gas to flow on the next Day.
(h) Following the awarding of capacity to a Replacement
Customer in accordance with the procedures provided in this
Section 4, the Releasing Customer's rights and TRES PALACIOS'
obligations under the Releasing Customer's Storage Service
Agreement shall be modified and subject to the capacity rights
released and assigned to the Replacement Customer for the term of
such release. Effecting a release pursuant to the provisions of
this Section 4 shall constitute Releasing Customer's consent and
agreement to such amendment or modification of its existing
Storage Service Agreement.
(i) The offer to release by a Customer under Rate
Schedules FSS, NNSS, FP or FL must specify the quantities of MDDQ,
MDRQ, MSQ (or No-Notice Maximum Daily Quantity, Maximum Park
Quantity or Maximum Loan Quantity, as applicable), MDIQ, MDWQ or
rights offered, and actually available on the effective date of
the assignment, and the exercise of which rights, in conjunction
with Releasing Customer's exercise of its retained rights, will
not violate any maximum or minimum quantity requirements or
limitations applicable under the Rate Schedule or the respective
Storage Service Agreements. Releasing Customer shall be
responsible for ensuring that the Firm Storage Service quantities
offered for release shall be available upon the commencement of
the release, in accordance with the terms and conditions of the
applicable Rate Schedule. A Replacement Customer under Rate
Schedules FSS, NNSS, FP or FL shall be responsible for arranging
transportation to and from the Point(s) of Receipt and Point(s) of
Delivery consistent with its rights and obligations under its
Storage Service Agreement and Rate Schedules FSS, NNSS, FP or FL.
The Replacement Customer must comply with all obligations imposed
under such Rate Schedule and its rights to store, withdraw and/or
inject Gas will be subject to the provisions thereof. If the
Releasing Customer proposes to, or requires a transfer-in-place of
the portion of its Storage Inventory in conjunction with its
release and assignment of storage capacity rights, it shall so
specify in its offer to release and such transfer shall be
implemented contemporaneously with
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 127 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
the release and assignment subject to compliance with the
provisions of Section 20 of these General Terms and Conditions.
The Replacement Customer must withdraw the portion of its Maximum
Storage Quantity by the end of the term of the release. In lieu
of withdrawing the portion of its Storage Inventory, the
Replacement Customer can also attempt to effect a transfer of the
portion of its Storage Inventory to another storage service
Customer as provided in Section 20 of these General Terms and
Conditions. If the Replacement Customer fails to withdraw or
transfer the portion of its Storage Inventory by the end of the
term of its release, title to the portion of Customer's remaining
Storage Inventory will be vested, at no cost, in the Releasing
Customer which released its capacity to the Replacement Customer
on a temporary basis.
4.14 TRES PALACIOS' Rights to Terminate Temporary
Capacity Releases.
(a) In the event of a temporary release for which (1)
TRES PALACIOS has given notice of termination of the Releasing
Customer's Storage Service Agreement pursuant to Section 28 of
these General Terms and Conditions and (2) the reservation charge
specified in the effective Addendum to the Replacement or
Prearranged Replacement Customer's Capacity Release Umbrella
Agreement is less than the level of the reservation charge which
the Releasing Customer was obligated to pay TRES PALACIOS, then
TRES PALACIOS shall be entitled to terminate the Addendum, upon 30
days' written notice to the Replacement or Prearranged Replacement
Customer, unless the Replacement or Prearranged Replacement
Customer agrees prior to the end of said 30-day notice period to
pay for the remainder of the term of the Addendum either (i) the
reservation and commodity charges at levels which the Releasing
Customer was obligated to pay TRES PALACIOS, or (ii) such rate as
mutually agreed by TRES PALACIOS and Replacement or Prearranged
Replacement Customer. Customer may elect to pay the lesser of the
two foregoing options. TRES PALACIOS' right to terminate the
Addendum is subject to TRES PALACIOS providing written notice of
termination to the Replacement or Prearranged Replacement Customer
within 30 days of the determination by TRES PALACIOS that the
Releasing Customer no longer satisfies TRES PALACIOS' credit
requirements. Termination of the Addendum shall not occur prior
to termination of the Releasing Customer's contract.
(b) In the event that a Customer has received 30 days'
notice of termination of the Addendum to Customer's Capacity
Release Umbrella Agreement pursuant to Section 4.14(a) above for
storage service and there is Gas in storage for Customer's account
at the end of such 30-day period, the Addendum shall continue in
force and effect for the sole purpose of withdrawal of said Gas by
Customer until Customer's Storage Inventory is zero. TRES
PALACIOS shall require Customer to withdraw each Day a quantity
equal to the MDWQ, or such other lesser quantity acceptable to
TRES PALACIOS. The requirement to withdraw storage quantities
shall be suspended on any Day to the extent that TRES PALACIOS
cannot accommodate a nomination or withdraw such storage
quantities on such Day. Customer may also transfer title of Gas
remaining in Customer's Storage Inventory to another Customer
pursuant to Section 20 of TRES PALACIOS' General Terms and
Conditions. In the event Customer fails to withdraw its entire
Storage Inventory
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 128 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
within the time required by this Section, TRES PALACIOS shall
auction any remaining Storage Inventory and credit the proceeds of
such sale to Customer, net of withdrawal charges and fuel, if
applicable. Customer shall indemnify TRES PALACIOS and hold it
harmless from all costs, damages and liabilities arising out of
the failure of Customer to remove such Storage Inventory and the
disposal of such Storage Inventory by sale by TRES PALACIOS. TRES
PALACIOS shall post such quantities on the Internet Web Site as
soon as reasonably practicable. TRES PALACIOS shall accept bids
only during the time period from 7:00 a.m. until ll:00 a.m. CCT on
the second Business Day following such posting. Prior to 4:00
p.m., CCT of the same Day, TRES PALACIOS shall notify the Customer
submitting the highest bid. When the Gas is purchased at auction,
Customer purchasing the Gas must provide identification of the
existing Storage Service Agreement with TRES PALACIOS under which
Customer shall store all such Gas purchased. Customer purchasing
the Gas agrees to pay the applicable storage rate on the Gas
purchased beginning on the date the bid was accepted at auction.
(c) TRES PALACIOS shall provide the original Releasing
Customer with Internet e-mail notification reasonably proximate in
time with any of the following formal notices given by TRES
PALACIOS to the Releasing Customer's Replacement Customer(s), of
the following:
(1) Notice to the Replacement Customer regarding the Replacement
Customer's past due, deficiency, or default status pursuant to
TRES PALACIOS' tariff;
(2) Notice to the Replacement Customer regarding the Replacement
Customer's suspension of service notice;
(3) Notice to the Replacement Customer regarding the Replacement
Customer's contract termination notice due to default or credit-
related issues; and
(4) Notice to the Replacement Customer that the Replacement
Customer(s) is no longer creditworthy and has not provided credit
alternative(s) pursuant to TRES PALACIOS' tariff.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 129 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
5. PRIORITY, INTERRUPTION OF SERVICE AND OPERATIONAL FLOW
ORDERS
5.1 Priority of Service. Any Customer executing a
Storage Service Agreement with TRES PALACIOS shall be entitled to
the storage, parking, wheeling, or loaning of Gas in the following
order of declining priority:
(a) (i) Firm Storage Services at primary Point(s) of
Receipt, not in excess of MDRQ, and at primary Point(s) of
Delivery, not in excess of MDDQ, or (ii) for constraints that
develop after Gas is scheduled, Firm Storage Services at secondary
Point(s) of Receipt or Delivery and Firm Storage Services at
primary Point(s) of Receipt in excess of MDRQ, but less than or
equal to MDIQ, and Firm Storage Services at primary Point(s) of
Delivery, in excess of MDDQ but less than or equal to MDWQ.
(b) For constraints that develop before Gas is
scheduled, Firm Storage Services at secondary Point(s) of Receipt
or Delivery and Firm Storage Services at primary Point(s) of
Receipt, in excess of MDRQ but less than or equal to MDIQ, and
Firm Storage Services at primary Point(s) of Delivery, in excess
of MDDQ but less than or equal to MDWQ.
(c) Interruptible service, including storage, parking,
wheeling, and/or loaning pursuant to Section 5.2 below.
(d) Make-up volumes to correct prior variances between
(i) Transporter and the counterparty to a balancing agreement
(pursuant to such agreement), (ii) Customer and TRES PALACIOS, and
(iii) Customer and Transporter if the variance was due to TRES
PALACIOS' failure to receive or deliver Customer's scheduled
volumes.
(e) Extended injections for firm service in excess of
MDRQ/24 or extended withdrawals for firm service in excess of
MDDQ/24.
If a capacity constraint is anticipated or planned (for example,
due to system maintenance), TRES PALACIOS shall post a notice of
the anticipated constraint on its Internet Web Site at least 48
hours in advance of the start of the constraint period.
5.2 The order of priority relating to service under
Rate Schedules ISS, IHBS, IP, IW, and IL shall be allocated to
each Customer on a pro rata basis.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 130 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
5.3 Interruption.
(a) If on any Day TRES PALACIOS' capability to receive
or deliver quantities is impaired so that TRES PALACIOS is unable
to receive or deliver all the quantities which are scheduled, then
interruption of service shall be implemented in the reverse order
of priority set forth in Section 5.1. If Firm Storage Service
must be interrupted, interruption of service to firm storage
Customers shall be pro rata based on MDWQ, MDIQ, MSQ, Maximum Park
Quantity or Maximum Loan Quantity, as applicable. Interruption of
service to Interruptible Customers under Rate Schedules ISS, IHBS,
IP, IW, and IL shall be on a pro rata basis.
(b) TRES PALACIOS shall provide Customer as much
advance notice of any interruption as is practicable under the
circumstances. Such notice shall be made by telephone, fax, e-
mail or via the Internet Web Site, as appropriate, and shall state
the reduced quantities of Gas that TRES PALACIOS estimates it will
be able to park, wheel, loan, store, inject, withdraw, receive or
deliver, as applicable, and the estimated duration of the
interruption.
(c) If interruption is required, TRES PALACIOS and
Customer shall cooperate to the extent possible in making
adjustments to receipts, deliveries, injections or withdrawals to
minimize injury to any property or facilities.
5.4 Interruption Liability. TRES PALACIOS shall not be
liable for any loss or damage to any person or property caused, in
whole or in part, by any interruption of service, except to the
extent caused solely by TRES PALACIOS' negligence or willful
misconduct.
5.5 Action Alerts and Operational Flow Orders.
(a) Circumstances Warranting Issuance: As specified in
this Section 5.5, TRES PALACIOS shall have the right to issue
Action Alerts or Operational Flow Orders ("OFOs") that require
actions by Customers in order (1) to alleviate conditions that
threaten to impair reliable service, (2) to maintain operations at
the pressures required to provide efficient and reliable services,
(3) to have adequate Gas supplies in the system to deliver on
demand, (4) to maintain service to all firm shippers and for all
firm services, and (5) to maintain the system in balance for the
foregoing purposes.
(b) Actions to be Taken to Avoid Issuance: TRES
PALACIOS shall, to the extent practicable, take all reasonable
actions necessary to avoid issuing an Action Alert or OFO. Such
actions shall include, in order of priority (1) working with point
operators to temporarily adjust receipts and/or deliveries at
relevant Point(s) of Receipt or Point(s) of Delivery, (2) working
with Customers and point operators to adjust scheduled flows on
the system, or (3) taking any other reasonable action designed to
mitigate the system problem. After taking all such reasonable
actions to avoid issuing an Action Alert or OFO, TRES PALACIOS
will have the right to issue Action Alerts or OFOs, if necessary,
in the circumstances described in Section 5.5(a).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 131 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(c) Preliminary Notifications/Follow-up Reports: TRES
PALACIOS shall provide, via posting on the Internet Web Site and
to affected parties through the affected party's choice of
electronic notice delivery mechanism(s), prior notice to all
Customers and point operators of upcoming system events such as
anticipated weather patterns and operational problems that may
necessitate the issuance of an Action Alert or OFO.
(d) Applicability of Action Alert or OFO: TRES
PALACIOS shall make an Action Alert or OFO as localized as is
reasonably practicable based on TRES PALACIOS' good faith and
reasonable judgment concerning the situations requiring
remediation such that an Action Alert or OFO will be directed
first to Customers and point operators causing the problem
necessitating the Action Alert or OFO and second, if necessary, to
all Customers and point operators. TRES PALACIOS will tailor the
Action Alert or OFO to match the severity of the known or
anticipated operational problem requiring remediation as more
fully set forth in subsections 5.5(f) and 5.5(g). The declaration
to the affected parties of OFOs, critical periods and/or Critical
Notices shall describe the conditions and the specific responses
required from the affected parties.
(e) Notice: All Action Alerts and OFOs will be issued
via telephone to be followed by a facsimile to the affected
Customer(s) or point operator(s), with subsequent posting on the
Internet Web Site, and notification to the affected parties
through the affected party's choice of electronic notice delivery
mechanism(s). TRES PALACIOS shall also provide such notification
via e-mail communication to those Customers and point operators
that have provided e-mail address information for at least one
contact person, and have requested via TRES PALACIOS' Internet Web
Site, e-mail notification of Critical Notices issued by TRES
PALACIOS. The Action Alert or OFO will set forth (1) the time and
date of issuance, (2) the actions Customer or point operator is
required to take, (3) the time by which Customer or point operator
must be in compliance with the Action Alert or OFO, (4) the
anticipated duration of the Action Alert or OFO, and (5) any other
terms that TRES PALACIOS may reasonably require to ensure the
effectiveness of the Action Alert or OFO. In addition to the
other information contemplated by this Section 5.5(e), such notice
shall also include information about the status of operational
variables that determine when an Action Alert or OFO will begin
and end, and TRES PALACIOS shall post periodic updates of such
information, promptly upon occurrence of any material change in
the information. TRES PALACIOS will post a notice on the Internet
Web Site informing the Customers and point operators when any
Action Alert or OFO in effect will be lifted and specifying the
factors that caused the Action Alert or OFO to be issued and then
lifted, to the extent such factors are known. TRES PALACIOS shall
post a notice on its Internet Web Site specifying the factors that
caused the Action Alert or OFO to be issued, to the extent such
factors are known. TRES PALACIOS shall also provide such
notification via e-mail communication to those Customers who have
submitted a request and provided e-mail address information for at
least one contact person, via TRES PALACIOS' Internet Web Site to
receive e-mail notification of Critical Notices issued by TRES
PALACIOS.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 132 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(f) Action Alerts: In the event that TRES PALACIOS
determines that due to (1) an ongoing or anticipated weather
event, (2) a known equipment problem, or (3) the anticipated
continuation of a current system operational problem, action is
necessary to avoid a situation in which the system integrity is
jeopardized or TRES PALACIOS' ability to render firm service is
threatened, TRES PALACIOS may issue an Action Alert as set out
herein to forestall the development of the situation.
(1) Issuance of Alerts: Action Alerts will be noticed in accord
with the procedures set forth in Section 5.5(e) and TRES PALACIOS
will endeavor to provide a minimum of four hours notice.
(2) Action Alerts can be issued to effect any of the following:
(A) restriction of Interruptible services;
(B) restrictions of deliveries or receipts at specific Point(s)
of Receipt or Point(s) of Delivery covered by an operational
balancing agreement to the aggregate MDRQ or MDDQ under the
Storage Service Agreements for Firm Storage Services whose Primary
Point(s) of Delivery/Receipt, which are specified in the Storage
Service Agreement, are at the affected locations; and/or
(C) forced balancing such that point operators will be required
to assure that nominations equal flows or that receipts and
deliveries fall within the tolerance level designated in the
Action Alert.
(g) OFOs: In the event that, in TRES PALACIOS'
judgment, immediate action is required to alleviate conditions
which threaten to impair reliable firm service, to maintain
operations at the pressures required to provide efficient and
reliable service, to have adequate Gas supplies in the system to
deliver on demand, to maintain services to all firm Customers and
for all firm services, and/or to maintain the system in balance
for the foregoing purposes, TRES PALACIOS may forgo the action
described in Section 5.5(f) and immediately issue an OFO. In the
event that (l) Customer or point operator does not respond to an
Action Alert, (2) the actions taken thereunder are insufficient to
correct the system problem for which the Action Alert was issued,
or (3) there is insufficient time to carry out the procedures with
respect to Action Alerts, TRES PALACIOS may issue an OFO pursuant
to this Section 5.5(g) or take unilateral action, including the
curtailment of firm service, to maintain the operational integrity
of TRES PALACIOS' system. For purposes of this Section, the
operational integrity of TRES PALACIOS' system shall encompass the
integrity of the physical system and the preservation of physical
assets and their performance, the overall operating performance of
the entire physical system as an entity, and the maintenance (on a
reliable and operationally sound basis) of total system
deliverability and the quality of Gas delivered.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 133 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(h) Termination of an Action Alert or OFO: TRES
PALACIOS shall lift any effective Action Alert or OFO promptly
upon the cessation of operating conditions that caused the
relevant system problem. After TRES PALACIOS has lifted the
Action Alert or the OFO, TRES PALACIOS shall post a notice on its
Internet Web Site specifying the factors that caused the Action
Alert or OFO to be issued and then lifted, to the extent such
factors are known. TRES PALACIOS shall also provide such
notification via e-mail communication to those Customers who have
submitted a request, and provided e-mail address information for
at least one contact person, via TRES PALACIOS' Internet Web Site
to receive e-mail notification of Critical Notices issued by TRES
PALACIOS.
(i) Penalties: All quantities tendered to TRES
PALACIOS and/or taken by Customer on a daily basis in violation of
an Action Alert or OFO shall constitute unauthorized receipts or
deliveries for which the applicable Action Alert or OFO penalty
charge stated below shall be assessed.
(l) Action Alert penalty charge for each Dekatherm of Gas by
which Customer deviated from the requirements of the Action Alert
shall be equal to an Action Alert Index Price, calculated as 110%
of the applicable daily Gas Daily Mid Point price posting for
Tennessee Zone Zero for the Day on which the deviation occurred,
multiplied by the quantity by which the Customer deviated from the
requirements of the Action Alert.
(2) OFO penalty charge for each Dekatherm of Gas by which
Customer deviated from the requirements of the OFO shall be equal
to an OFO Index Price, calculated as three (3) times the
applicable daily Gas Daily Mid Point price posting for Tennessee
Zone Zero for the Day on which the deviation occurred, multiplied
by the quantity by which the Customer deviated from the
requirements of the OFO.
Any penalty revenue collected by TRES PALACIOS pursuant to this
Section 5.5(i) shall be credited to those firm and Interruptible
Customers that did not incur Action Alert or OFO penalties
pursuant to this Section 5.5(i) in the Month for which Action
Alert or OFO penalty revenues were received ("Non-Offending
Customers"), based on the ratio of the total charges paid during
that Month by the Non-Offending Customer to the sum of the total
charges paid during that Month by all Non-Offending Customers.
Such credits shall be calculated for each Month of the twelve (12)
Month period ending July 31 of each year, and will be included on
the Non-Offending Customer's invoice for the Month following the
date of the final Commission order approving TRES PALACIOS'
penalty disbursement report; provided, however, that TRES PALACIOS
will calculate and include such credits on Non-Offending
Customer's invoices for a period shorter than twelve Months in the
event and to the extent that the total accumulated amount of
Action Alert or OFO penalty revenue collected pursuant to this
Section 5.5(i) by TRES PALACIOS as of the end of any Month exceeds
$1,000,000. TRES PALACIOS will file with the Commission a penalty
disbursement report within sixty days of July 31 or sixty days
after the end of the Month for which revenue collected exceeds
$1,000,000. Any penalty revenue credited to Non-Offending
Customers pursuant to this Section shall include interest
calculated in accordance with Section 154.501(d) of the
Commission's regulations.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 134 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(j) Liability of TRES PALACIOS: TRES PALACIOS shall
not be liable for any costs incurred by any Customer or point
operator in complying with an Action Alert or OFO. TRES PALACIOS
shall not be responsible for any damages that result from any
interruption in service that is a result of a Customer's or point
operator's failure to comply promptly and fully with an Action
Alert or OFO, and the non-complying Customer or point operator
shall indemnify TRES PALACIOS against any claims of
responsibility. However, TRES PALACIOS shall use reasonable
efforts to minimize any such costs or damages.
(k) Unilateral Action: In the event that (l)
Customer(s) or point operator(s) does (do) not respond to an OFO,
or (2) the actions taken thereunder are insufficient to correct
the system problem for which the OFO was issued, or (3) there is
insufficient time to carry out the procedures with respect to
OFOs, TRES PALACIOS may take unilateral action, including the
curtailment of firm service, to maintain the operational integrity
of TRES PALACIOS' system. For purposes of this Section, the
operational integrity of TRES PALACIOS' system shall encompass the
integrity of the physical system and the preservation of physical
assets and their performance, the overall operating performance,
the overall operating performance of the entire physical system,
as an entity, and the maintenance (on a reliable and operationally
sound basis) of total system deliverability and the quality of Gas
delivered.
6. STORAGE OPERATIONS
6.1 Customer shall tender or cause to be tendered to
TRES PALACIOS at the Point(s) of Receipt any Gas which Customer
desires to have injected into storage plus applicable Fuel
Reimbursement volumes. Customer shall also receive or cause to be
received Gas requested to be withdrawn from storage at the
Point(s) of Delivery.
6.2 Subject to the operating conditions then existing
on the delivering or receiving pipelines, TRES PALACIOS shall
receive Gas for injection from Customer at the Point(s) of Receipt
and deliver Gas to Customer at the Point(s) of Delivery as
scheduled by Customer from time to time; provided that TRES
PALACIOS shall not be obligated to receive for injection any
quantity of Gas if the injection of the same would cause the
quantity of Gas stored for Customer's account to exceed Customer's
Maximum Storage Quantity; nor shall TRES PALACIOS be obligated at
any time to deliver more Gas to Customer than Customer has stored
in its Storage Inventory or Park Balance, as applicable, or to
receive from Customer more Gas than Customer has outstanding in
its Loan Balance.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 135 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
7. WHEELING OPERATIONS
7.1 Customer shall tender or cause to be tendered to
TRES PALACIOS at the Point(s) of Receipt any Gas which Customer
desires to have wheeled plus applicable Fuel Reimbursement
volumes. Customer shall also receive or cause to be received Gas
requested to be wheeled at the Point(s) of Delivery.
8. NOMINATIONS AND SCHEDULING
8.1 During any Day when Customer desires TRES PALACIOS
to inject, withdraw or wheel Gas, Customer shall submit a
nomination to TRES PALACIOS via fax or via the Internet Web Site
that includes, but is not limited to, the following information:
quantity, flow period, upstream transportation contract
number(s)and/or downstream transportation contract number(s),
Point(s) of Receipt and/or Point(s) of Delivery, Customer name and
Storage Service Agreement number, and the Customer's authorized
employee name and telephone number. All nominations shall be
based on a daily quantity.
All nominations shall include Customer defined begin dates and
end dates. All nominations, excluding intraday nominations, have
rollover options. Specifically, Customers have the ability to
nominate for several Days, Months, or years, provided the
nomination begin and end dates are within the term of Customer's
Storage Service Agreement.
Overrun quantities shall be requested on a separate transaction.
8.2 TRES PALACIOS will accept nominations for
service as follows:
(a) Next Day Service. The nomination timeline on the
Day prior to the Day of Gas flow shall be the following:
11:30 a.m. Nomination leaves control of the Customer
11:45 a.m. Receipt of nomination by the Transporters
(including from Title Transfer Tracking Service Providers
("TTTSPs"))
12:00 p.m. TRES PALACIOS provides quick response for validity
of data elements
3:30 p.m. Completed confirmations from upstream and downstream
connected parties provided to TRES PALACIOS
4:30 p.m. Receipt of scheduled quantities by Customer and point
operator
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 136 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
The sending party shall adhere to nomination, confirmation, and
scheduling deadlines. It is the party receiving the request that
has the right to waive the deadline.
(b) Intraday Nominations. Any nomination received
during a Day for the same Day of Gas flow, or any nomination
received after the nominations deadline set forth in Section
8.2(a) above for the following Day flow shall be an intraday
nomination. Intraday nominations can be used to request increases
or decreases in total flow, changes to Point(s) of Receipt, or
changes to Point(s) of Delivery of scheduled Gas. Intraday
nominations do not roll over (i.e. intraday nominations span one
Day only). Intraday nominations do not replace the remainder of a
standing nomination. There is no need to re-nominate if an
intraday nomination modifies an existing nomination. Intraday
nominations may be used to nominate new injections or withdrawals.
All nominations, including intraday nominations, shall be based on
a daily quantity; thus, an intraday nominator need not submit an
hourly nomination. Intraday nominations shall include an
effective date and time. The interconnected parties shall agree
on the hourly flows of the intraday nomination, if not otherwise
addressed in Transporter's contract or tariff.
In the event Customer does not submit a timely nomination or
desires to alter an existing nomination, Customer shall have the
right to submit an intraday nomination to revise Customer's
scheduled quantities, Point(s) of Receipt and/or Point(s) of
Delivery on a prospective basis prior to the end of the Day;
provided, however, that such intraday nomination will be processed
after all timely nominations have been scheduled. Such intraday
nomination shall be implemented by TRES PALACIOS to the extent and
only to the extent that TRES PALACIOS is able to confirm the
receipt and delivery of such Gas at the Point(s) of Receipt and
Point(s) of Delivery.
(c) Elapsed-Prorated-Scheduled Quantity. With respect
to intraday nominations for reductions in previously scheduled
quantities, TRES PALACIOS may accept any explicitly confirmed
quantity, down to and including zero, for such intraday
nomination; provided, however, if such intraday nomination
requires confirmation from an upstream and/or downstream
interconnected pipeline, then any intraday nomination to reduce
previously scheduled quantities will be subject to, and limited
to, the reduced quantity confirmed by such upstream and/or
downstream interconnected pipeline.
(d) Nominations will be processed for scheduling in the
order in which they were received, by priority level as described
in Section 5 of the General Terms and Conditions of this FERC Gas
Tariff. Nominations received after nomination deadline shall be
scheduled after the nominations received before the nomination
deadline.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 137 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(e) Notices provided under this Section 8.2 must be
submitted in writing via fax or the Internet Web Site. Customer
shall provide notice of any changes in deliveries to or receipt
from TRES PALACIOS to all transporters and shall be responsible
for, and shall hold TRES PALACIOS harmless from, any and all
liabilities and expense resulting from any such changes, unless
the added expense is due to the negligence of TRES PALACIOS.
(f) Minimum NAESB Nomination Standards. In the event
the more flexible nomination procedures set forth in Section
8.2(b) above are inapplicable for any reason, nominations shall be
submitted and processed in accordance with the minimum standards
set forth in this Section 8.2(f). TRES PALACIOS shall support the
following standard nomination cycles:
(1) The Timely Nomination Cycle: 11:30 a.m. for nominations
leaving control of the nominating party; 11:45 a.m. for receipt of
nominations by TRES PALACIOS (including from Title Transfer
Tracking Service Providers ("TTTSPs")); noon to send Quick
Response; 3:30 p.m. for receipt of completed confirmations by TRES
PALACIOS from upstream and downstream connected parties; 4:30 p.m.
for receipt of scheduled quantities by Customer and point operator
(Central Clock Time on the Day prior to flow).
(2) The Evening Nomination Cycle: 6:00 p.m. for nominations
leaving control of the nominating party; 6:15 p.m. for receipt of
nominations by TRES PALACIOS (including from TTTSPs); 6:30 p.m. to
send Quick Response; 9:00 p.m. for receipt of completed
confirmations by TRES PALACIOS from upstream and downstream
connected parties; 10:00 p.m. for TRES PALACIOS to provide
scheduled quantities to affected Customers and point operators,
and to provide scheduled quantities to bumped parties (notice to
bumped parties) (Central Clock Time on the Day prior to flow).
Scheduled quantities resulting from an Evening Nomination should
be effective at 9:00 a.m. on the Day.
(3) The Intraday 1 Nomination Cycle: 10:00 a.m. for nominations
leaving control of the nominating party; 10:15 a.m. for receipt of
nominations by TRES PALACIOS (including from TTTSPs); 10:30 a.m.
to send Quick Response; 1:00 p.m. for receipt of completed
confirmations by TRES PALACIOS from upstream and downstream
connected parties; 2:00 p.m. for TRES PALACIOS to provide
scheduled quantities to affected Customers and point operators,
and to provide scheduled quantities to bumped parties (notice to
bumped parties),(Central Clock Time on the Day). Scheduled
quantities resulting from Intraday 1 Nominations should be
effective at 5:00 p.m. on the Day.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 137A : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(4) The Intraday 2 Nomination Cycle: 5:00 p.m. for nominations
leaving control of the nominating party; 5:15 p.m. for receipt of
nominations by TRES PALACIOS (including from TTTSPs); 5:30 p.m. to
send Quick Response; 8:00 p.m. for receipt of completed
confirmations by TRES PALACIOS from upstream and downstream
connected parties; 9:00 p.m. for TRES PALACIOS to provide
scheduled quantities to affected Customers and point operators,
and to provide scheduled quantities to bumped parties (notice to
bumped parties) (Central Clock Time on the Day). Scheduled
quantities resulting from Intraday 2 Nominations should be
effective at 9:00 p.m. on the Day. Bumping is not allowed during
the Intraday 2 Nomination Cycle.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 138 : Effective |
| FERC Gas Tariff | | Original Sheet No. 138 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(4) The Intraday 2 Nomination Cycle: 5:00 p.m. for nominations
leaving control of the nominating party; 5:15 p.m. for receipt of
nominations by TRES PALACIOS (including from TTTSPs); 5:30 p.m. to
send Quick Response; 8:00 p.m. for receipt of completed
confirmations by TRES PALACIOS from upstream and downstream
connected parties; 9:00 p.m. for TRES PALACIOS to provide
scheduled quantities to affected Customers and point operators,
and to provide scheduled quantities to bumped parties (notice to
bumped parties) (Central Clock Time on the Day). Scheduled
quantities resulting from Intraday 2 Nominations should be
effective at 9:00 p.m. on the Day. Bumping is not allowed during
the Intraday 2 Nomination Cycle.
8.3 Customer shall make available and tender any Gas to
be injected or wheeled hereunder and receive and accept delivery,
upon tender by TRES PALACIOS, any Gas requested to be withdrawn
from storage or wheeled. The quantity of Gas stored for the
account of Customer shall be increased or decreased upon injection
or withdrawal of Gas from storage, as applicable. Customer shall
not (unless otherwise agreed by TRES PALACIOS) receive or deliver
Gas, nor shall TRES PALACIOS be obligated to receive Gas or
deliver Gas on an hourly basis at rates of flow in excess of 1/24
of Customer's MDRQ or MDDQ, respectively. As determined by TRES
PALACIOS in its sole and reasonable judgment, flow rates above
1/24 of Customer's MDRQ or MDDQ may be permitted. A Customer
shall not be permitted to nominate simultaneous injections to and
withdrawals from storage under the same Service Agreement or
otherwise to engage in any nomination pattern that would result in
Customer receiving the equivalent of unbundled transportation
service, other than interruptible wheeling service provided by
TRES PALACIOS in accordance with an executed Hub Services
Agreement.
9. POINT(S) OF RECEIPT AND POINT(S) OF DELIVERY
9.1 Point(s) of Receipt. Customer shall tender all Gas
for wheeling or injection into storage to TRES PALACIOS at the
Point(s) of Receipt as specified in Customer's Storage Service
Agreement. The quantity of Gas tendered by Customer to TRES
PALACIOS for wheeling or injection into storage shall (i) not
exceed at each Point of Receipt the MDTQ or MDRQ, as applicable,
for such Point of Receipt in effect from time to time, or (ii) not
exceed the MDIQ plus the applicable Fuel Reimbursement at all
Point(s) of Receipt in effect from time to time, without the
consent of TRES PALACIOS.
9.2 Point(s) of Delivery. TRES PALACIOS shall tender all
Gas to be wheeled or withdrawn from storage to Customer at the
Point(s) of Delivery as specified in Customer's Storage Service
Agreement. The quantity of Gas delivered to Customer shall (i) not
exceed at each Point of Delivery the MDTQ or MDDQ, as applicable,
for such Point of Delivery in effect from time to time, or (ii)
not exceed the MDWQ at all Point(s) of Delivery in effect from
time to time, without the consent of TRES PALACIOS.
9.3 Transportation Guidelines. For each Point of
Receipt and Point of Delivery, the interconnected Transporter's
rules, guidelines, operational procedures and policies, as they
may be changed from time to time, shall define
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Substitute First Revised Sheet No. 138 : Effective |
| FERC Gas Tariff | | Original Sheet No. 138 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
8.3 Customer shall make available and tender any Gas to
be injected or wheeled hereunder and receive and accept delivery,
upon tender by TRES PALACIOS, any Gas requested to be withdrawn
from storage or wheeled. The quantity of Gas stored for the
account of Customer shall be increased or decreased upon injection
or withdrawal of Gas from storage, as applicable. Customer shall
not (unless otherwise agreed by TRES PALACIOS) receive or deliver
Gas, nor shall TRES PALACIOS be obligated to receive Gas or
deliver Gas on an hourly basis at rates of flow in excess of 1/24
of Customer's MDRQ or MDDQ, respectively. As determined by TRES
PALACIOS in its sole and reasonable judgment, flow rates above
1/24 of Customer's MDRQ or MDDQ may be permitted. A Customer
shall not be permitted to nominate simultaneous injections to and
withdrawals from storage under the same Service Agreement or
otherwise to engage in any nomination pattern that would result in
Customer receiving the equivalent of unbundled transportation
service, other than interruptible wheeling service provided by
TRES PALACIOS in accordance with an executed Hub Services
Agreement. The prohibition against simultaneous injection and
withdrawal nominations shall not be deemed to limit a Customer's
right during a Day, subject to the priorities of service
provisions of Section 5 of these General Terms and Conditions, to
submit intra-day nominations in different nominations cycles that
would result in a switch from injections to withdrawals or from
withdrawals to injections; provided that the Customer shall not
nominate both injections and withdrawals under a single Service
Agreement during any time period within a Day.
9. POINT(S) OF RECEIPT AND POINT(S) OF DELIVERY
9.1 Point(s) of Receipt. Customer shall tender all Gas
for wheeling or injection into storage to TRES PALACIOS at the
Point(s) of Receipt as specified in Customer's Storage Service
Agreement. The quantity of Gas tendered by Customer to TRES
PALACIOS for wheeling or injection into storage shall (i) not
exceed at each Point of Receipt the MDTQ or MDRQ, as applicable,
for such Point of Receipt in effect from time to time, or (ii) not
exceed the MDIQ plus the applicable Fuel Reimbursement at all
Point(s) of Receipt in effect from time to time, without the
consent of TRES PALACIOS.
9.2 Point(s) of Delivery. TRES PALACIOS shall tender all
Gas to be wheeled or withdrawn from storage to Customer at the
Point(s) of Delivery as specified in Customer's Storage Service
Agreement. The quantity of Gas delivered to Customer shall (i) not
exceed at each Point of Delivery the MDTQ or MDDQ, as applicable,
for such Point of Delivery in effect from time to time, or (ii)
not exceed the MDWQ at all Point(s) of Delivery in effect from
time to time, without the consent of TRES PALACIOS.
9.3 Transportation Guidelines. For each Point of Receipt
and Point of Delivery, the interconnected Transporter's rules,
guidelines, operational procedures and policies, as they may be
changed from time to time, shall define
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 139 : Effective |
| FERC Gas Tariff | | Original Sheet No. 139 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
and control the manner in which Gas is delivered or received.
TRES PALACIOS and Customer each agree to provide to the other, in
as prompt a manner as reasonable, all information necessary to
permit scheduling pursuant to such requirements. In addition,
TRES PALACIOS will not be required to begin wheeling, injections
or withdrawals for a Customer's account unless and until the data
required for nominations, provided for in Section 8, have been
confirmed by the applicable Transporter to TRES PALACIOS' Gas
dispatcher.
9.4 Transportation Imbalances. In the event that TRES
PALACIOS or Customer delivers or causes to be delivered to
Transporter at the Point(s) of Receipt or Delivery a quantity of
Gas not equal to the quantity of Gas received or taken by Customer
or TRES PALACIOS, a "Transportation Imbalance" may occur. Provided
that TRES PALACIOS has taken or delivered the quantity of Gas
nominated by Customer and scheduled by Transporter, Customer shall
be liable for all imbalances under its transportation agreement
with Transporter. Upon notification by Customer or Transporter
that a Transportation Imbalance exists because TRES PALACIOS
failed to deliver or receive the quantity of Gas nominated by
Customer and scheduled by Transporter, TRES PALACIOS will endeavor
to correct the Transportation Imbalance subject to any
restrictions imposed by Transporter but TRES PALACIOS shall be
solely responsible and liable for any charges, penalties, costs
and expenses incurred or payable by either party as a result of
the Transportation Imbalance. Customer agrees to use its best
efforts to prevent or diminish any occurrences of imbalances.
9.5 Measurement. Customer and TRES PALACIOS agree that
the quantity of Gas delivered hereunder shall be measured by TRES
PALACIOS in accordance with the Transporter's pipeline tariff
applicable to each Point of Delivery/Receipt, and, as such, may be
allowed to fluctuate within the applicable measurement or flow
tolerances on a daily and Monthly basis.
9.6 Costs and Penalties. Customer shall hold TRES
PALACIOS harmless for all costs and penalties which may be
assessed by Transporter(s) under Customer's transportation
agreement(s) with Transporter(s), unless the costs and penalties
are due to the negligence of TRES PALACIOS. Customer and TRES
PALACIOS shall cooperate with each other and with the
Transporter(s) to verify delivery and receipt of the volumes of
Gas delivered hereunder on a timely basis.
9.7 Downstream and Upstream Transportation. Customer
shall be responsible for transportation from the Point(s) of
Delivery and payment of all transportation charges relating
thereto. Customer shall be responsible for transportation to the
Point(s) of Receipt and payment of all transportation charges
relating thereto.
10. QUALITY
10.1 Specifications. The Gas delivered by either party
to the other hereunder shall meet the quality specifications of
the Transporter which receives or delivers such Gas at the Point
of Receipt or Delivery, as applicable, and, unless such
Transporter's quality specifications are more stringent, shall be
of such quality that it shall meet at least the following
specifications:
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 140 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(a) Be commercially free from objectionable odors,
dirt, dust, iron particles, gums, gum-forming constituents,
gasoline, PCBs, and other solid and/or liquid matter, including
but not limited to water, Gas treating chemicals and well
completion fluids and debris, which may become separated from the
Gas during the transportation thereof.
(b) Contain not more than one fourth (1/4) of one grain
of hydrogen sulfide per one hundred (100) cubic feet, as
determined by the cadmium sulfate quantitative test, nor more than
twenty (20) grains of total sulfur per one hundred (100) cubic
feet.
(c) The Gas delivered hereunder shall not contain more
than two-tenths of one percent (0.2%) by volume of oxygen, shall
not contain more than three percent (3%) by volume of carbon
dioxide, shall not contain more than three (3%) by volume of
nitrogen, and shall not contain a combined total of carbon dioxide
and nitrogen components of more than four (4%) by volume.
(d) Have a heating value of not less than nine hundred
and sixty-seven (967) Btus per cubic feet and not more than eleven
hundred (1100) Btus per cubic feet.
(e) Have a temperature of not more than 120 degrees
Fahrenheit (120 degrees F), nor less than forty degrees Fahrenheit
(40 degrees F).
(f) Have been dehydrated by the tendering party, by any
method other than the use of a calcium chloride as desiccant, for
removal of entrained water in excess of seven (7) pounds of water
per million (1,000,000) cubic feet of Gas as determined by
dew-point apparatus approved by the Bureau of Mines or such other
apparatus as may be mutually agreed upon.
10.2 Rejection of Gas. Either party shall be entitled
to reject any Gas tendered to it by the other party which does not
meet the minimum specifications of Section 10.1 hereunder.
Acceptance of such Gas does not constitute any waiver of TRES
PALACIOS' right to refuse to accept similarly nonconforming Gas.
11. PRESSURE AND INJECTION/WITHDRAWAL RATES
11.1 Delivery Pressures. TRES PALACIOS shall deliver
Gas to Customer at pressures sufficient to enter the pipeline
facilities at the Point(s) of Delivery against the operating
pressures maintained by Transporter(s) from time to time. TRES
PALACIOS shall not be required to deliver Gas at pressures in
excess of those required by Transporter(s) or in excess of
Transporter(s) maximum allowable operating pressure (MAOP).
Customer shall deliver or cause to be delivered to TRES PALACIOS
all Gas for wheeling, parking or injection at the Point(s) of
Receipt at pressures not less than 700 psig and not in excess of
the MAOP of TRES PALACIOS' facilities at the Point(s) of Receipt.
TRES PALACIOS shall be responsible for maintaining facilities at
such Point(s) of Receipt to permit Customer to deliver Gas to TRES
PALACIOS at such allowed pressures.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 141 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
11.2 Receipt and Delivery Rates. TRES PALACIOS has
designed the facilities required to wheel, store, inject and
withdraw Gas based on "normal" operating pressures maintained by
the Transporter(s) at the Point(s) of Receipt/Delivery with
allowances for reasonable fluctuations. In the event that
conditions on the Transporter's system vary substantially from
this "normal" design condition coincident with high levels of
Customer receipt or delivery activity, TRES PALACIOS' capability
to receive or deliver the quantities set forth in its Storage
Service Agreements may be impaired, resulting in an interruption
in service. If this happens, capacity will be allocated pursuant
to Section 5 of the General Terms and Conditions of this FERC Gas
Tariff. Customer agrees to indemnify and hold TRES PALACIOS
harmless for any loss caused by any such interruption in service.
12. TITLE AND RISK OF LOSS
12.1 Customer warrants for itself, its successors and
assigns, that it will have at the time of delivery of Gas for
injection, storage, parking or wheeling hereunder either good
title to or the right to have the Gas transported or stored.
Customer warrants for itself, its successors and assigns, that the
Gas it delivers hereunder shall be free and clear of all liens,
encumbrances, or claims whatsoever; and that it will indemnify
TRES PALACIOS and save it harmless from all claims, suits,
actions, damages, costs and expenses arising directly or
indirectly from or with respect to the title and/or right to Gas
tendered to TRES PALACIOS hereunder.
12.2 As between Customer and TRES PALACIOS, (x) Customer
shall be deemed to be in control and possession of the Gas prior
to delivery to TRES PALACIOS for wheeling, parking, storage or
injection at the Point(s) of Receipt and after redelivery by TRES
PALACIOS to Customer at the Point(s) of Delivery, and shall
indemnify and hold TRES PALACIOS harmless from any damage or
injury caused thereby, and (y) TRES PALACIOS shall be deemed to be
in control and possession of the Gas after the receipt of Gas at
the Point(s) of Receipt and until TRES PALACIOS' redelivery of an
equivalent quantity of Gas to Customer at the Point(s) of
Delivery, and shall indemnify and hold Customer harmless from any
damage or injury caused thereby, except for damages and injuries
caused by the sole negligence of Customer. Notwithstanding
anything to the contrary set forth in this Section 12.2, the risk
of loss of any quantity of Gas wheeled through, injected into,
parked or stored in and withdrawn from the TRES PALACIOS storage
facilities shall remain with Customer, and TRES PALACIOS shall not
be liable to Customer for any loss of Gas, except as may be the
consequence of the intentional or negligent acts or omissions of
TRES PALACIOS. Any losses of Gas, unless resulting from the
intentional or negligent act or omissions of TRES PALACIOS, shall
be apportioned among and shared proportionally by all Customers
under Rate Schedules FSS, ISS, FP, IP and IHBS on the basis of the
percentage which each Customer's Storage Inventory as of the Day
immediately preceding the Day on which a loss occurs bore to the
total amount of Gas in all Customers' Storage Inventories on such
Day.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 142 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
13. MEASUREMENT
13.1 The unit of volume for measurement of all
quantities of Gas wheeled, parked, loaned or stored by TRES
PALACIOS or delivered to and received from storage hereunder shall
be one (1) cubic foot of Gas at the base temperature of sixty
degrees Fahrenheit (60 degrees F) and at an absolute pressure of
fourteen and seventy-three hundredths (14.73) pounds per square
inch and dry. All fundamental constants, observations, records,
and procedures involved in determining and/or verifying the
quantity and other characteristics of Gas delivered hereunder
shall, unless otherwise specified herein, be in accordance with
the standards prescribed in Report No. 3 of the American Gas
Association, as now in effect and from time to time amended or
supplemented. All measurements of Gas shall be determined by
calculation into terms of such unit. All quantities given herein,
unless expressly stated otherwise, are in terms of such unit.
Notwithstanding the foregoing, it is agreed that, for all
purposes, the Btu content of the Gas received and delivered by
TRES PALACIOS hereunder shall be measured on a "dry" basis rather
than a fully saturated or "wet" basis. For Gas volumes reported
in cubic meters, the standard conditions are 101.325 kPa, 15
degrees C, and dry.
13.2 TRES PALACIOS shall install, maintain and operate,
or cause to be installed, maintained and operated, the measurement
facilities required hereunder. Said measurement facilities shall
be so equipped with meters, recording gauges, chromatographs or
other types of related and/or similar equipment of standard make
and design commonly acceptable in the industry, as to accomplish
the accurate measurement of Gas delivered hereunder. The
retrieval of data and calibrating and adjustment of meters shall
be done by TRES PALACIOS or its agent.
14. BILLINGS AND PAYMENTS
14.1 Invoice. Not later than the ninth (9th) Business
Day of each month, TRES PALACIOS shall provide Customer (including
a Replacement Customer) an invoice and any required backup data
(which may be transmitted by fax) setting forth (i) the charges
due for the current Month; (ii) the total quantity of Gas, stated
in Dekatherms, received from and delivered to Customer hereunder
during the preceding Month(s), with applicable Point(s) of Receipt
and Point(s) of Delivery properly identified, and the amount due
therefor; and if applicable, (iii) the amount of Customer's Gas in
storage as of the close of the preceding Month and information
sufficient to explain and support any adjustments made by TRES
PALACIOS in determining the amount billed. If actual quantities
are not available by the ninth (9th) Business Day of the month,
TRES PALACIOS may invoice based on best available data subject to
adjustment to actual at a later date. Quantities at points where
Operational Balancing Agreements exist shall be invoiced based on
scheduled quantities.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 143 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
14.2 Application of Payments for Released Capacity.
Payments to TRES PALACIOS by a Replacement Customer for released
capacity shall be applied as follows: (i) TRES PALACIOS shall
retain amounts equal to the Replacement Customer's usage charges;
(ii) TRES PALACIOS will credit the balance to reservation charges
due from the Replacement Customer; and (iii) TRES PALACIOS shall
remit the remaining balance, if any, or shall charge any balance
due, to the Replacement Customer, in accordance with Section 4.10
of the General Terms and Conditions of this FERC Gas Tariff. If
any balance due from the Replacement Customer remains unpaid, the
outstanding balance will then be billed to the Releasing Customer,
provided that the Releasing Customer is only liable to the extent
of the reservation charges specified in the applicable Storage
Service Agreement and corresponding Rate Schedule.
14.3 Payment. Customer shall pay TRES PALACIOS by wire
transfer the full amount reflected on the invoice within fifteen
(15) days of the date of the invoice. If the fifteenth (15th) day
shall fall upon a weekend or legal holiday, then such payment
shall be made on the last regular Business Day prior to such
fifteenth (15th) day. 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.
14.4 Billing Error. If an error is discovered in any
billing, such error shall be adjusted within thirty (30) days of
the determination thereof. If a dispute arises as to the amount
payable in any invoice rendered hereunder, Customer shall
nevertheless pay when due the amount not in dispute under such
invoice. Such payment shall not be deemed to be a waiver of the
right by Customer to recoup any overpayment, nor shall acceptance
of any payment be deemed to be a waiver of the right by Customer
to recoup any overpayment, nor shall acceptance of any payment be
deemed to be a waiver by TRES PALACIOS of any underpayment. In
the event Customer fails to forward the entire undisputed amount
due to TRES PALACIOS when same is due, interest on the unpaid
portion shall accrue at the same rate of interest and in the same
manner as prescribed for pipeline refunds as set forth in Section
154.501(d) of the Commission's regulations under the Natural Gas
Act from the date such payment is due until the same is paid. If
Customer's failure to pay the undisputed portion of any invoice
rendered hereunder continues beyond thirty (30) days after the due
date of such invoice, then TRES PALACIOS, in addition to all other
legal remedies available to it, shall have the right and option to
suspend further deliveries of Gas until such default shall have
been cured. If Customer's failure to pay the undisputed portion
of any invoice rendered hereunder continues beyond sixty (60) days
after the due date of such invoice, then TRES PALACIOS, in
addition to all other legal remedies available to it, shall have
the right and option to terminate service hereunder.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 144 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
14.5 Billing Disputes. If Customer withholds payment of
any disputed amount as authorized herein, Customer shall within
ten (10) days after the due date of the disputed invoice submit to
TRES PALACIOS a written explanation of the dispute and any
available supporting documentation. The parties shall then
cooperate in good faith to resolve such dispute as expeditiously
as possible, and the portion, if any, of such disputed amount
eventually determined to be due shall bear interest at the rate
stated in Section 14.4 above from the original due date until the
date actually paid.
14.6 Right to Audit. Both TRES PALACIOS and Customer
shall have the right at their own expense to examine and audit at
any reasonable time the books, records (including measurement,
billing and payment) and charts of the other to the extent
necessary to verify the accuracy of any statements or charges made
under or pursuant to any of the provisions of Customer's Storage
Service Agreement. Upon request, Customer shall also make
available to TRES PALACIOS for audit purposes any relevant records
of the Transporters to which Customer has access. A formal audit
of accounts shall not be made more often than once each Contract
Year. Any inaccuracy will be promptly corrected when discovered;
provided, however, that neither TRES PALACIOS nor Customer shall
be required to maintain books, records or charts for a period of
more than two (2) Contract Years following the end of the Contract
Year to which they are applicable. Neither TRES PALACIOS nor
Customer shall have any right to question or contest any charge or
credit if the matter is not called to the attention of the other
in writing within two (2) years after the end of the Contract Year
in question.
15. TAXES
If at any time TRES PALACIOS is required to remit any taxes
assessed on the Gas pursuant to Customer's Storage Service
Agreement, then TRES PALACIOS shall have the right to collect from
Customer such taxes, including any penalties and interest.
Customer agrees to reimburse TRES PALACIOS for the taxes assessed
on the Gas, including any penalties and interest, within fifteen
(15) days of the date of invoice from TRES PALACIOS. Customer
shall furnish TRES PALACIOS information, satisfactory to TRES
PALACIOS, to enable TRES PALACIOS to comply with any reports
required by state or federal government and agencies. Customer
recognizes that TRES PALACIOS may be required to file federal and
state tax returns, and Customer agrees to furnish TRES PALACIOS
with adequate information pertaining to the taxation on the Gas.
Customer shall coordinate such filings with TRES PALACIOS.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 145 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
16. INSURANCE
As an accommodation to Customers under Rate Schedules FSS,
ISS, FP, IP and IHBS, TRES PALACIOS shall be responsible for
obtaining for the benefit of such customers insurance coverage
against casualty events that result in the loss of Gas held in
storage in the TRES PALACIOS storage facility, provided that such
insurance coverage is available to TRES PALACIOS on commercially
reasonable terms. TRES PALACIOS' undertaking to obtain such
insurance coverage shall not be deemed to shift the risk of loss
of Customers' Gas in storage to TRES PALACIOS. TRES PALACIOS
shall use commercially reasonable efforts from time to time to
identify each Customer under Rate Schedules FSS, ISS, FP, IP and
IHBS as a named insured under any insurance policy or policies
obtained pursuant to this Section 16. A Customer's recovery of
the proceeds of any insurance payment made in respect of a
casualty event involving the loss of Gas held in storage shall be
limited to the Customer's allocable share of the proceeds of
insurance paid over to TRES PALACIOS, such share to be determined
in accordance with the provisions of Section 12.2 of these General
Terms and Conditions. TRES PALACIOS shall make insurance
policy(ies) obtained from time to time pursuant to this Section 16
available to Customer for review upon Customer's reasonable
request.
17. FORCE MAJEURE, RESERVATION CHARGE CREDITS
17.1. (a) Effect of Force Majeure. In the event TRES
PALACIOS is rendered unable, wholly or in part, by reason of an
event of Force Majeure, as defined herein, to perform, wholly or
in part, any obligation or commitment under Customer's Storage
Service Agreement, it is agreed that upon TRES PALACIOS' giving
notice and full particulars of such Force Majeure event on its
Internet Web Site and/or in writing to Customer within seventy-two
(72) hours after the occurrence of the cause relied on, then the
obligations of TRES PALACIOS shall be suspended to the extent that
TRES PALACIOS' ability to perform such obligations is affected by
such Force Majeure event and for the period of such Force Majeure
condition, but for no longer period, and such cause shall as far
as possible be remedied with all reasonable dispatch.
(b) Force Majeure and Obligation to Pay/Credit
Reservation Charges. A Customer taking firm service under Rate
Schedules FSS, NNSS, FP or FL shall not be relieved of its
obligation to pay Reservation Charges specified in such firm Rate
Schedules due to an event of Force Majeure and TRES PALACIOS shall
include the full amount of such Reservation Charges on the
Customer's invoice for any Month in which an event of Force
Majeure shall have occurred, provided, however, that TRES PALACIOS
shall calculate credits against the Customer's Reservation Charges
payable under Rate Schedules FSS, NNSS, FP or FL and its Storage
Service Agreement to reflect any reduction in TRES PALACIOS'
ability to render firm services resulting from an event of Force
Majeure declared by TRES PALACIOS and shall include such credits
on the firm Customer's invoice for the next succeeding Month, in
accordance with Section 17.1(c) below.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 146 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(c) Calculation of Credits Against Reservation Charges.
Calculation of Credits Against Reservation Charges. For
each Day on which a Customer's firm service under Rate Schedules
FSS, NNSS, FP or FL is curtailed such that (i) for curtailments
due to Force Majeure events, Customer does not receive at least
98% of its scheduled service, or (ii) for non-Force Majeure
curtailments, Customer does not receive 100% of its scheduled
service, TRES PALACIOS shall calculate credits against the
Customer's Reservation Charges payable under Rate Schedules FSS,
NNSS, FP or FL and its Storage Service Agreement; provided, that
TRES PALACIOS shall not be required to provide Reservation Charge
credits during the first ten (10) Days of curtailment due to an
event of Force Majeure declared by TRES PALACIOS and; provided
further, TRES PALACIOS shall not be required to provide
Reservation Charge credits for curtailments or other service
interruptions that are the result of Customer's conduct or the
result of actions or inactions by pipeline Transporters. TRES
PALACIOS shall calculate Reservation Charge Credits for each
applicable Day of curtailment using the following formulae:
Curtailment of a firm Customer's injections:
Reservation Charge Credit = RC/#Days X CNIQ/MDIQ
Curtailment of a firm Customer's withdrawals:
Reservation Charge Credit = RC/#Days X CNWQ/MDWQ
Where:
RC = The Customer's Reservation Charges for the Month, calculated
using the rates set forth in the Customer's Storage Service
Agreement. Customer's NNSS Reservation Charges, if applicable,
shall be combined with its FSS Reservation Charges for this
calculation.
#Days = The number of Days in the Month.
CNIQ = The Curtailed Nominated Injection Quantity, which shall be
the quantity of Customer's nominated injections actually curtailed
on each Day in the Month by TRES PALACIOS.
CNWQ = The Curtailed Nominated Withdrawal Quantity, which shall be
the quantity of Customer's nominated withdrawals actually
curtailed on each Day of the Month by TRES PALACIOS.
MDIQ = The firm Customer's Maximum Daily Injection Quantity, as
set forth in its Storage Service Agreement.
MDWQ = The firm Customer's Maximum Daily Withdrawal Quantity, as
set forth in its Storage Service Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 147 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
17.2 Nature of Force Majeure. The term "Force Majeure"
as employed herein and in Customer's Storage Service Agreement
shall mean any cause, whether of the kind enumerated herein or
otherwise, not reasonably within the control of TRES PALACIOS,
such as acts of God; strikes, lockouts and industrial disputes or
disturbances; inability to secure or delays in obtaining labor,
materials, supplies, permits, easements or rights-of-way,
including inability to secure materials by reason of allocations
promulgated by authorized governmental agencies; arrests and
restraints of governments and people; interruptions by government
or court orders; present and future valid orders, decisions or
rulings of any government or regulatory entity having proper
jurisdiction; acts of the public enemy; vandalism; wars; riots;
civil disturbances; sabotage or terrorism; blockades;
insurrections; epidemics; landslides; lightning; tornadoes;
hurricanes; earthquakes; fires; storms; floods; washouts;
inclement weather which necessitates extraordinary measures and
expense to maintain operations; explosions; breakage, accidents
and/or maintenance to plant facilities including machinery, lines
of pipe, accidents and/or unscheduled maintenance of wells or
subsurface storage caverns or reservoirs; testing (as required by
governmental authority or as deemed necessary by TRES PALACIOS for
the safe operation of the facilities required to perform the
services hereunder); and the making of repairs or alterations to
pipelines, storage, and plant facilities including Transporter's
(s') pipeline repairs. It is understood and agreed that the
settlement of strikes or lockouts shall be entirely within the
discretion of TRES PALACIOS, and that the above requirements that
any Force Majeure shall be remedied with all reasonable dispatch
shall not require the settlement of strikes or lockouts by
acceding to the demands of opposing party when such course is
inadvisable in the discretion of TRES PALACIOS.
18. NOTICES
Any notice, request, demand, or statement provided for in
Customer's Storage Service Agreement, except as otherwise herein
provided, shall be given in writing, delivered in person, by
United States Mail or via e-mail or facsimile, to the parties at
the addresses shown in the executed Storage Service Agreement or
at such other addresses as may hereafter be furnished to the other
party in writing.
Any notice initially delivered by fax shall be confirmed by
regular mail within one (1) week after transmission of the fax.
19. FUEL REIMBURSEMENT
19.1 Categories of Fuel Usage. The two general
categories of fuel usage are: (1) Direct Fuel Usage, consisting of
(a) compression fuel (including electricity), (b) dehydration
fuel, and (c) line heating fuel; and (2) Indirect Fuel Usage,
consisting of fuel that is consumed on site to (a) generate
electricity, (b) heat the facility (if any), and (c) fuel TRES
PALACIOS vehicles.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 148 : Effective |
| FERC Gas Tariff | | Original Sheet No. 148 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
Fuel Reimbursement charges are intended to compensate TRES
PALACIOS for these categories of fuel usage and for lost and
unaccounted for Gas volumes to the extent required for the
operation and maintenance of TRES PALACIOS' Gas storage
facilities.
19.2 Fuel Reimbursement. Fuel Reimbursement shall be
calculated separately for storage services, wheeling, loaning and
parking under Rate Schedules FSS, FP, FL, ISS, IHBS, IP, IW, and
IL. Each Fuel Reimbursement charge shall be negotiated by TRES
PALACIOS and Customer such that reimbursement of fuel shall be
paid in kind, as set forth in Customer's Storage Service
Agreement(s).
20. GAS TITLE TRANSFERS
20.1 Title Transfers of Gas in Storage:
(a) A Customer that has executed a Storage Service
Agreement under Rate Schedules FSS, FP, FL, ISS, IHBS, IL or IP
may sell some or all of its Storage Inventory or Loan Balance to
any other Customer that has executed a Storage Service Agreement
under the same Rate Schedule to become part of such other
Customer's Storage Inventory or Loan Balance under the same Rate
Schedule if:
(1) Customer selling Storage Inventory or Loan Balance and
Customer purchasing Storage Inventory or Loan Balance execute a
Title Transfer Form identifying the details of the title transfer
transaction, as such form is posted of TRES PALACIOS' Internet Web
Site and amended from time to time, and submit such executed form
to TRES PALACIOS; and
(2) The purchase does not cause either Customer to exceed its
Maximum Storage Quantity, Maximum Loan Quantity, or Maximum Park
Quantity, as applicable and as specified in the Customer's Storage
Service Agreement, or cause either Customer's balance to go below
zero.
TRES PALACIOS may restrict transfers when such transfers would
result in an increase in the service obligations of TRES PALACIOS
or cause operational difficulties and such increase or operational
difficulties would, in the reasonable judgment of TRES PALACIOS,
impair the ability of TRES PALACIOS to meet all of its other
service obligations of equal or higher priority.
(b) TRES PALACIOS will recognize the transfer for
purposes of computing each Customer's available Storage Inventory
or Loan Balance on a prospective basis within one (1) Business Day
after receipt of the executed Title Transfer Form.
(c) For each title transfer of Gas in storage
performed under this section, each Customer shall pay the Title
Transfer rate as agreed upon by each Customer and TRES PALACIOS
and set forth on the executed Title Transfer Form.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 149 : Effective |
| FERC Gas Tariff | | Original Sheet No. 149 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
20.2 Title Transfers of Gas
(a) Transfers of title between Customers and/or
Storage Service Agreements under which Gas is delivered to TRES
PALACIOS, withdrawn from TRES PALACIOS' storage or wheeled on TRES
PALACIOS' system may be permitted by TRES PALACIOS at Point(s) of
Receipt and Point(s) of Delivery on an Interruptible basis
pursuant to Customer's Title Transfer Form.
(b) Requests for such transfers shall be made in
accordance with the nomination procedures set forth in Section 8,
Nominations and Scheduling, of the General Terms and Conditions
herein. TRES PALACIOS shall not unreasonably withhold approval of
such transfers.
(c) For each title transfer nominated by Customer
under Section 20.2(b) herein, Customer shall pay the gas title
transfer rate set forth on the executed Title Transfer Form.
21. PENALTIES
21.l A Customer shall be liable for and shall be required
to reimburse TRES PALACIOS for all penalties, charges and fees
which TRES PALACIOS is required to pay to Transporter(s) as a
consequence of Customer's actions. The recovery of such penalty
amounts shall be on an as-billed basis.
21.2 In addition to the payment of the penalties set
forth in Section 21.1 herein, the responsible Customer shall also
be liable for, and shall reimburse TRES PALACIOS, for all costs
incurred by TRES PALACIOS as a consequence of such Customer's
actions.
22. TRANSMISSION PROVIDER STANDARDS OF CONDUCT
TRES PALACIOS does not meet FERC's definition of a
"Transmission Provider" (18 C.F.R. 358.3(a)) because it is a
storage company authorized to charge market-based rates, is not
interconnected with the facilities of any affiliated interstate
natural gas pipeline, has no exclusive franchise area, has no
captive customers and has no market power. Therefore, TRES
PALACIOS is not required to comply with FERC's Transmission
Provider Standards of Conduct, as promulgated in Order Nos. 2004,
et al., and codified at 18 C.F.R. Part 358.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 150 : Effective |
| FERC Gas Tariff | | Original Sheet No. 150 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
23. NORTH AMERICAN ENERGY STANDARDS BOARD
TRES PALACIOS adopts or exceeds all of the Business Practices
and Electronic Communication Standards which were required by the
Commission in 18 C.F.R. Section 284.12(b) in accordance with Order
No. 587-7. In addition to the standards reflected in other
provisions of this FERC Gas Tariff, the following NAESB Standards
Version 1.8 are incorporated herein by reference:
General Standards:
0.1.3, 0.2.1, 0.2.2, 0.2.3, 0.3.1., 0.3.2., 0.3.11, 0.3.12,
0.3.13, 0.3.14, 0.3.15. and 0.4.1.
Nominations Related Standards:
1.1.7, 1.1.9, 1.1.20, 1.1.21, 1.1.22, 1.2.1, 1.2.2, 1.2.5, 1.2.8,
1.2.9, 1.2.10, 1.2.11, 1.2.13, 1.2.14, 1.2.15, 1.2.16, 1.2.17,
1.2.18, 1.2.19, 1.3.2(v), 1.3.2(vi), 1.3.3, 1.3.4, 1.3.7, 1.3.14,
1.3.15, 1.3.16, 1.3.17, 1.3.18, 1.3.20, 1.3.22, 1.3.23, 1.3.24,
1.3.25, 1.3.27, 1.3.28, 1.3.29, 1.3.30, 1.3.31, 1.3.32, 1.3.34,
1.3.35, 1.3.36, 1.3.37, 1.3.38, 1.3.39, 1.3.40, 1.3.41, 1.3.42,
1.3.43, 1.3.44, 1.3.45, 1.3.46, 1.3.47, 1.3.48, 1.3.49, 1.3.50,
1.3.51, 1.3.52, 1.3.53, 1.3.54, 1.3.55, 1.3.56, 1.3.57, 1.3.58,
1.3.59, 1.3.60, 1.3.61, 1.3.62, 1.3.63, 1.3.64, 1.3.65, 1.3.66,
1.3.67, 1.3.68, 1.3.69, 1.3.70, 1.3.71, 1.3.72, 1.3.73, 1.3.74,
1.3.75, 1.3.76, 1.3.77, 1.3.79, 1.4.1, 1.4.2, 1.4.3, 1.4.4, 1.4.5,
1.4.6 and 1.4.7.
Flowing Gas Related Standards:
2.1.6, 2.2.1, 2.2.4, 2.2.5, 2.3.1, 2.3.2, 2.3.3, 2.3.4, 2.3.5,
2.3.6, 2.3.7, 2.3.8, 2.3.10, 2.3.11, 2.3.12, 2.3.13, 2.3.14,
2.3.15, 2.3.16, 2.3.17, 2.3.18, 2.3.19, 2.3.20, 2.3.21, 2.3.22,
2.3.23, 2.3.25, 2.3.26, 2.3.27, 2.3.28, 2.3.29, 2.3.31, 2.3.32,
2.3.33, 2.3.34, 2.3.35, 2.3.51, 2.3.52, 2.3.53, 2.3.54, 2.3.55,
2.3.56, 2.3.57, 2.3.58, 2.3.59, 2.3.60, 2.3.61, 2.3.62, 2.3.63,
2.3.64, 2.3.65, 2.4.1, 2.4.2, 2.4.3, 2.4.4, 2.4.5, 2.4.6, 2.4.7,
2.4.8, 2.4.9, 2.4.10, 2.4.11, 2.4.12, 2.4.13, 2.4.14, 2.4.15,
2.4.16., 2.4.17, 2.4.18
Invoicing Related Standards:
3.3.1, 3.3.2, 3.3.3, 3.3.4, 3.3.5, 3.3.6, 3.3.7, 3.3.8, 3.3.11,
3.3.12, 3.3.13, 3.3.14, 3.3.15, 3.3.16, 3.3.18, 3.3.20, 3.3.21,
3.3.22, 3.3.23, 3.3.24, 3.3.25, 3.3.26, 3.4.1, 3.4.2, 3.4.3 and
3.4.4.
Electronic Delivery Mechanism Related Standards:
4.1.2, 4.1.6, 4.1.7, 4.1.40, 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5,
4.2.6, 4.2.7, 4.2.8, 4.2.9, 4.2.10, 4.2.11, 4.2.12, 4.2.13,
4.2.14, 4.2.15, 4.2.16, 4.2.17, 4.2.20, 4.3.1, 4.3.2, 4.3.3,
4.3.5, 4.3.16, 4.3.17, 4.3.18, 4.3.20, 4.3.22, 4.3.23, 4.3.24,
4.3.25, 4.3.26, 4.3.27, 4.3.28, 4.3.29, 4.3.30, 4.3.31, 4.3.32,
4.3.33, 4.3.34, 4.3.35, 4.3.36, 4.3.38, 4.3.39, 4.3.40, 4.3.41,
4.3.42, 4.3.43, 4.3.44, 4.3.45, 4.3.46, 4.3.47, 4.3.48, 4.3.49,
4.3.50, 4.3.51, 4.3.52, 4.3.53, 4.3.54, 4.3.56, 4.3.57, 4.3.58,
4.3.59, 4.3.60, 4.3.61, 4.3.62, 4.3.65, 4.3.66, 4.3.67, 4.3.68,
4.3.69, 4.3.72, 4.3.73, 4.3.74, 4.3.75, 4.3.76, 4.3.78, 4.3.79,
4.3.85, 4.3.86, 4.3.87, 4.3.89, 4.3.90, 4.3.91, 4.3.92 and 4.3.93.
| Issued by: |
| Issue date: |
|
Effective date: 04/08/01 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 151 : Effective |
| FERC Gas Tariff | | Original Sheet No. 151 |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
Capacity Release Related Standards:
5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.5, 5.3.9, 5.3.10, 5.3.11, 5.3.12,
5.3.17, 5.3.18, 5.3.19, 5.3.20, 5.3.21, 5.3.22, 5.3.23, 5.3.29,
5.3.31, 5.3.32, 5.3.33, 5.3.34, 5.3.35, 5.3.36, 5.3.37, 5.3.38,
5.3.39, 5.3.40, 5.3.41, 5.3.42, 5,3.43, 5.3.46, 5.3.47, 5.3.48,
5.3.49, 5.3.50, 5.3.51, 5.3.52, 5.3.53, 5.3.54, 5.3.55, 5.3.56,
5.3.57, 5.3.58, 5.4.1, 5.4.2, 5.4.3, 5.4.4, 5.4.5, 5.4.6, 5.4.7,
5.4.8, 5.4.9, 5.4.10, 5.4.11, 5.4.12, 5.4.13, 5.4.14, 5.4.15,
5.4.16, 5.4.17, 5.4.18, 5.4.19, 5.4.20, 5.4.21, 5.4.22, 5.4.23.
Internet Electronic Transport Standards:
10.1.1-10.1.9, 10.2.1-10.2.38, 10.3.1, and 10.3.3-10.3.25.
TRES PALACIOS' incorporation of the foregoing standards is subject
to the limited waiver FERC granted TRES PALACIOS regarding an
extension of time to implement EDI/EDM and FF/EDM communications
until 90 days following a request that it provide such
communications.
| Issued by: |
| Issue date: |
|
Effective date: 04/08/01 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 152 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
24. JOINT OBLIGATIONS
When Customer under a Storage Service Agreement consists of
two or more persons, the obligations of such persons under such
agreement shall be joint and several and, except as otherwise
provided, any action provided to be taken by Customer shall be
taken by such persons jointly.
25. NONDISCRIMINATORY WAIVER OF TARIFF PROVISIONS AND
NONWAIVER OF FUTURE DEFAULTS
TRES PALACIOS may waive any of its rights hereunder or any
obligations of Customer on a basis which is not unduly
discriminatory; provided that no waiver by either Customer or TRES
PALACIOS of any one or more defaults by the other in the
performance of any provision of the Storage Service Agreement
between Customer and TRES PALACIOS shall operate or be construed
as a waiver of any future default or defaults, whether of a like
or of a different character.
26. MODIFICATION
No modification to the terms and provisions of any Storage
Service Agreement or exhibit thereto shall be or become effective
except by the execution of a superseding Storage Service Agreement
or exhibit thereto.
27. SUCCESSORS IN INTEREST
Any company which shall succeed by purchase, merger,
consolidation or otherwise to the properties substantially as an
entirety, of TRES PALACIOS or of Customer, shall be entitled to
the rights and shall be subject to the obligations of its
predecessors in title under a Storage Service Agreement. In
accordance with the capacity release procedures set forth in
Section 4 of the General Terms and Conditions, Customer may,
without relieving itself of its obligations under such Storage
Service Agreement, assign any of its rights and obligations
thereunder to another shipper, but otherwise no assignment of such
Storage Service Agreement, or of any of the rights or obligations
thereunder shall be made unless there first shall have been
obtained the consent thereto of TRES PALACIOS, in the event of any
assignment by Customer, or the consent thereto of Customer, in the
event of an assignment by TRES PALACIOS. These restrictions on
assignment shall not in any way prevent any party from pledging or
mortgaging its rights under a Storage Service Agreement as
security for its indebtedness.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 153 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
28. DEFAULT AND TERMINATION
28.1 Customer shall be in default under this FERC Gas
Tariff or the Storage Service Agreement if:
(a) Customer shall fail to pay any sums due to TRES
PALACIOS hereunder and such failure continues for a period of five
(5) Business Days after written notice to Customer by TRES
PALACIOS;
(b) Customer fails to perform any of its material
covenants or obligations under this FERC Gas Tariff or the Storage
Service Agreement, other than obligations to make payments to TRES
PALACIOS., and Customer does not remedy such failure within a
period of thirty (30) days after receipt of a notice from TRES
PALACIOS;
(c) Customer or its guarantor becomes insolvent, as set
forth in Section 3.3(i); or
(d) Customer fails to provide or maintain Financial
Assurances pursuant to Section 31.
Customer shall indemnify and hold harmless TRES
PALACIOS from and against any costs or losses resulting from (a),
(b), (c), (d) above.
28.2 In the event of any Default by Customer, in
addition to all other remedies available to it pursuant to the
Storage Service Agreements or at law and in equity, TRES PALACIOS
may do any or all of the following:
(a) refuse to accept any further deliveries of Gas from
or on behalf of Customer pursuant to all or any transactions;
(b) refuse to deliver Gas to or on behalf of Customer
pursuant to all or any transactions;
(c) set off any amount owing by TRES PALACIOS to
Customer pursuant to any transaction(s) against amounts otherwise
owing by Customer to TRES PALACIOS pursuant to any other
transaction(s);
(d) suspend performance until Customer corrects the
default in full;
(e) terminate the Customer's Storage Service Agreement,
provided that TRES PALACIOS shall provide not less than thirty
(30) days notice of such termination to the Customer and to FERC;
and
(f) assert any liens or other interests, consistent
with applicable law, against any Gas Customer may have remaining
on TRES PALACIOS' system.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 154 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
28.3 Customer shall not be obligated to pay TRES
PALACIOS reservation charges for any suspended services during any
period of suspension pursuant to Section 28.2.
29. POLICY WITH RESPECT TO FEES AND CONSTRUCTION OF NEW
FACILITIES
29.1 Except as provided in Section 29.2 herein, Customer
shall reimburse TRES PALACIOS (a) for the costs of any facilities
installed by TRES PALACIOS with Customer's consent to receive,
measure, store or deliver Gas for Customer's account and (b) for
any and all filings and approval fees required in connection with
Customer's Storage Service Agreement that TRES PALACIOS is
obligated to pay to the Commission or any other governmental
authority having jurisdiction. Any reimbursement due TRES
PALACIOS by Customer pursuant to this Section 29.1 shall be due
and payable to TRES PALACIOS within ten (10) days of receipt by
Customer of TRES PALACIOS' invoice(s) for same; provided, however,
that subject to TRES PALACIOS' consent, such reimbursement, plus
carrying charges thereon, may be amortized over a mutually
agreeable period not to extend beyond the primary contract term of
the Storage Service Agreement between TRES PALACIOS and Customer.
Carrying charges shall be computed utilizing interest factors
acceptable to both TRES PALACIOS and Customer.
29.2 TRES PALACIOS may waive from time to time, at its
discretion, all or a portion of the facility cost reimbursement
requirement set forth in Section 29.1 for Rate Schedules FSS,
NNSS, FP and FL if Customer provides TRES PALACIOS adequate
assurances to make construction of the facilities economical to
TRES PALACIOS. All requests for waiver shall be handled by TRES
PALACIOS in a manner which is not unduly discriminatory. For
purposes of determining whether a project is economical, TRES
PALACIOS will evaluate projects on the basis of various economic
criteria, which will include the estimated cost of the facilities,
operating and maintenance as well as administrative and general
expenses attributable to the facilities, the revenues TRES
PALACIOS estimates will be generated as a result of such
construction, and the availability of capital funds on terms and
conditions acceptable to TRES PALACIOS. In estimating the revenues
to be generated, TRES PALACIOS will evaluate the existence of
capacity limitations downstream of the facilities, the
marketability of the capacity, the Interruptible versus the firm
nature of the service, and other similar factors which impact
whether the available capacity will actually be utilized.
30. OFF-SYSTEM CAPACITY
TRES PALACIOS may, from time to time, acquire transportation
and/or storage capacity on a third-party pipeline system. TRES
PALACIOS will only provide transportation and storage services for
others using such capacity pursuant to its open access FERC Gas
Tariff subject to its rates approved by the Federal Energy
Regulatory Commission, and the "shipper must hold title" policy is
waived to permit such use.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 155 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
31. CREDITWORTHINESS - FINANCIAL ASSURANCES
31.1 "Acceptable Credit Rating" means a Credit Rating
for which Customer's Unsecured Collateral Limit is greater than
Customer's Credit Exposure.
31.2 "Credit Rating" means the rating given to Customer's
unsecured long term debt by Standard and Poor's Corporation
("S&P") or Moody's Investor Services, Inc. ("Moody's "). If both
S&P and Moody's have issued a Credit Rating to Customer, the lower
rating shall apply for purposes of this FERC Gas Tariff.
31.3 "Credit Exposure" means an amount equal to: (1) in
the case of Firm Storage Services to be provided by TRES PALACIOS
using existing facilities, reservation charges payable at the rate
specified in Customer's bid for service or Storage Service
Agreement for a period of three (3) Months or the duration of the
Customer's bid or Storage Service Agreement, whichever is shorter;
(2) in the case of Interruptible services to be provided by TRES
PALACIOS using existing facilities, the Interruptible charge(s)
calculated on a one hundred percent (100%) load factor basis
payable for a period of three (3) Months or the duration of the
Customer's Storage Service Agreement, whichever is shorter; or (3)
for service that requires TRES PALACIOS to construct new
facilities, an amount determined by TRES PALACIOS prior to the
start of construction that is reasonable in light of the risks of
the construction project, not to exceed Customer's proportional
share of the cost of the facilities to be constructed (which
amount shall be reduced as Customer pays off the obligation for
construction of new facilities); plus, for each of (1), (2) and
(3), the Market Value of Loaned Gas.
31.4 "Market Value of Loaned Gas" means the Customer's
Loan Balance for service under Rate Schedules FL and IL, if any,
multiplied by the sum of the NYMEX Henry Hub Swap and the NYMEX
Tennessee Zone Zero Basis Swap, as posted on the www.nymex.com web
site, for the period under which the loaned gas is scheduled to be
returned pursuant to the Customer's Storage Service Agreement(s).
TRES PALACIOS shall calculate Customer's Market Value of Loaned
Gas on a daily basis.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 156 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
31.5 "Unsecured Collateral Limit" means the maximum
amount of credit TRES PALACIOS will extend to a Customer, without
Customer providing Financial Assurances pursuant to this Section
31, based upon the Customer's Credit Rating, as provided in the
table below:
S&P AAA $25,000,000
Moody's Aaa
S&P AA+ to AA- $15,000,000
Moody's Aa1 to Aa3
S&P A+ to A- $5,000,000
Moody's A1 to A3
S&P BBB+ to BBB- $1,000,000
Moody's Baa1 to Baa3
S&P BB+ and lower $0
Moody's Ba1 and lower
31.6 "Material Adverse Change" means the failure of
Customer at any time to satisfy the requirements pertaining to
creditworthiness set forth in Section 3.3, to maintain an
Acceptable Credit Rating or to maintain or reinstate one of the
forms of Financial Assurances specified in Section 31.10.
31.7 "Financial Assurances" means one or more of the forms
of security set forth in Sections 31.10(a), 31.10(b), 31.10(c) and
31.10(d), in accordance with and in an amount as set forth in
Section 31.10.
31.8 If Customer suffers a Material Adverse Change,
Customer shall provide TRES PALACIOS with one or more of the forms
of Financial Assurances as set forth in this Section 31. Customer
shall provide such Financial Assurances within five (5) Business
Days of written notice from TRES PALACIOS in an amount equal to
one month of firm service reservation charges, one month of
Interruptible service charges calculated on a one hundred percent
load factor basis and/or the market value of Customer's loaned
gas, each determined in the manner described in Section 31.10
below, as applicable. Customer shall fully comply with Financial
Assurances provisions of Section 31.10 of these General Terms and
Conditions within 30 days of written notice from TRES PALACIOS.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 157 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
31.9 If prior to initiation of service Customer does not
have an Acceptable Credit Rating, then, as a condition of TRES
PALACIOS initiating service, Customer shall provide TRES PALACIOS
with one or more of the forms of Financial Assurances provided in
this Section 31.
31.10 A Customer that does not have, or at any time fails
to maintain, an Acceptable Credit Rating shall provide to TRES
PALACIOS, to secure its obligation to TRES PALACIOS pursuant to
each of Customer's Storage Service Agreements, one or more of the
following forms of Financial Assurances:
(a) An irrevocable Letter of Credit, subject to the
following:
(1) each Letter of Credit shall be in effect for the lesser of
one (1) year or for the Term of the transaction plus 120 days. If
the Term of the transaction plus 120 days is greater than one (1)
year, Customer shall ensure that its obligation to TRES PALACIOS
is secured continuously, and accordingly shall provide TRES
PALACIOS with a replacement Letter of Credit no later than 120
days prior to the expiration of the then-effective Letter of
Credit. TRES PALACIOS will return the expiring Letter of Credit
to Customer within five (5) days of the date the Replacement
Letter of Credit becomes effective;
(2) each Letter of Credit shall be in form and substance
satisfactory to TRES PALACIOS, and shall provide for partial
drawdowns and, without limiting the generality of the foregoing,
shall be issued by a financial institution acceptable to TRES
PALACIOS that is rated at least BBB- by Standard and Poor's
Corporation and Baa3 by Moody's Investor Services, Inc.; and
(3) in addition to all other remedies available to TRES PALACIOS
at law or in equity, if Customer fails to provide a replacement
Letter of Credit in accordance with this Section 31.10(a), TRES
PALACIOS may draw upon the expiring Letter of Credit to the full
amount thereof and apply the funds so drawn in payment in whole or
in part of the obligations of Customer under each or any of
Customer's Storage Service Agreements.
(b) Customer shall provide to TRES PALACIOS, to
secure its obligation to TRES PALACIOS pursuant to each of
Customer's Storage Service Agreements, a Guaranty granted to TRES
PALACIOS by Customer's direct or indirect parent (the
"Guarantor"), provided that the amount of such Guaranty shall not
exceed the Unsecured Collateral Limit for such parent determined
using the above criteria and parent's Credit Rating. The Guaranty
shall be in a form acceptable to TRES PALACIOS and the provisions
of this Section shall apply to the Guarantor as if the Guarantor
were the Customer;
(c) If Customer has requested, TRES PALACIOS may accept
other forms of Financial Assurances to secure Customer's
obligations under the Storage Service Agreements, provided that
TRES PALACIOS may reject or accept such other forms of Financial
Assurances in a manner that is not unduly discriminatory;
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 158 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
(d) Customer shall prepay for service in an amount
as set forth immediately below, provided that such prepayments
shall be considered collateral held for security and not advance
payments for services and that Customer may deposit its prepayment
funds into an interest-bearing escrow account established by
Customer granting TRES PALACIOS access to the account for payment
of services under Customer's Storage Service Agreement(s).
The dollar value of the Financial Assurances set forth above in
this Section 31.10 to be provided by Customer shall be in an
amount equal to Customer's Credit Exposure minus Customer's
Unsecured Collateral Limit. TRES PALACIOS shall re-compute the
dollar value of Financial Assurances Customer is required to
provide on a daily basis. TRES PALACIOS shall notify Customer
when such re-computation indicates that additional credit support
is required to comply with the requirements of this section based
on a 10% increase in the daily computation of the amount of
Financial Assurances over the Financial Assurances previously
provided by Customer. Customer shall have two (2) Business Days
to comply with a notification by TRES PALACIOS of insufficient
credit support.
31.11 Customer's obligation to maintain an Acceptable
Credit Rating or to provide Financial Assurances shall continue
for so long as the Parties are bound by the Storage Service
Agreements and all transactions entered into thereunder. This
obligation shall terminate when Customer has performed or
satisfied all of its obligations under the Storage Service
Agreements and, upon such termination, TRES PALACIOS shall return
to Customer, if applicable:
(a) the Letter of Credit and funds held by TRES
PALACIOS as security pursuant to Section 31.10(a) then in its
possession but only to the extent it has not then applied such
funds pursuant to this FERC Gas Tariff to the debts, expenses,
costs, assessments and liabilities payable by Customer to TRES
PALACIOS pursuant to the provisions of the Storage Service
Agreement(s);
(b) the Guaranty held by TRES PALACIOS pursuant to
Section 31.10(b);
(c) any security accepted by TRES PALACIOS pursuant to
Section 31.10(c); or
(d) any amount prepaid by Customer pursuant to Section
31.10(d) not required to pay charges for service rendered under
the Storage Service Agreements.
32. DISPOSITION OF RETAINED QUANTITIES
In the event that TRES PALACIOS holds an auction for Gas
quantities retained pursuant to Section 8 of Rate Schedule FSS,
Section 8 of Rate Schedule FP, Sections 2 or 8 of Rate Schedule
ISS, Sections 2 or 8 of Rate Schedule IHBS, or Sections 2 or 8 of
Rate Schedule IP, TRES PALACIOS shall post such quantities on the
Internet Web Site as soon as reasonably practicable. TRES
PALACIOS shall accept bids only during the time period from 7:00
a.m. until 11:00 a.m. CCT on the second Business Day following
such posting. TRES PALACIOS shall award purchase of the Gas to
the Customer submitting the highest bid, and shall notify
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 159 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
the Customer submitting the highest bid prior to 4:00 p.m. CCT of
the same Day on which TRES PALACIOS accepts bids; provided,
however, TRES PALACIOS reserves the right to reject all bids.
When the Gas is purchased at auction, Customer must provide
identification of the existing Storage Service Agreement with TRES
PALACIOS under which Customer shall store the Gas in TRES
PALACIOS' facilities.
TRES PALACIOS shall credit the net proceeds received from
such auction to all Customers whose Gas was not so purchased or
retained ("Qualifying Customer") based on the ratio of the total
charges paid by each Qualifying Customer for service to the total
amount of such charges paid by all Qualifying Customers during the
Month in which the auction of Gas occurred. For the purposes of
this Section, the term "net proceeds" shall mean the total
proceeds received from the auction less any costs TRES PALACIOS
incurred as a result of conducting the auction or the purchase or
retention of Customer's Gas.
Such credits shall be calculated for each Month of the twelve
(12) Month period ending July 31 of each year and will be included
on the Qualifying Customers' invoices for the Month following the
date of the final Commission order approving TRES PALACIOS'
penalty disbursement report; provided, however, that TRES PALACIOS
will calculate and include such credits on Qualifying Customers'
invoices for a period shorter than twelve (12) Months in the event
and to the extent that the total accumulated amount pursuant to
this Section 32 by TRES PALACIOS as of the end of any Month
exceeds $1,000,000. TRES PALACIOS will file a penalty
disbursement report within sixty (60) days of July 31 or sixty
(60) days after the end of the Month in which the revenue
collected exceeds $1,000,000. Any revenues credited to Qualifying
Customers pursuant to this Section shall include interest
calculated in accordance with Section 154.501(d) of the
Commission's regulations.
33. FORM OF SERVICE REQUEST
TRES PALACIOS GAS STORAGE LLC
SERVICE REQUEST
Send to: Laura Luce
President
TRES PALACIOS GAS STORAGE LLC
53 Riverside Avenue
Westport CT 06880
Telephone: 203-557-1000
Facsimile: 203-557-0577
e-mail: LLuce@trespalaciosgasstorage.com
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
TRES PALACIOS in writing.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 160 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
33.1 Prospective Customer's name and address: (Note: the
Customer is the party that has all lawful right and title to the
Gas to be stored and that proposes to execute the Storage Service
Agreement with TRES PALACIOS).
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Attention: ____________________ Telephone: ( ) ________________
33.2 This request is for: (check one)
______ Firm storage service under Rate Schedule FSS
______ No-notice storage service under Rate Schedule NNSS
______ Firm parking service under Rate Schedule FP
______ Firm loan service under Rate Schedule FL
______ Interruptible storage service under Rate Schedule ISS
______ Interruptible hourly balancing service under Rate
Schedule IHBS
______ Interruptible parking service under Rate Schedule IP
______ Interruptible wheeling service under Rate Schedule IW
______ Interruptible loan service under Rate Schedule IL
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 161 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
33.3 Requested Firm Storage Services:
(a) Request Quantities
Maximum Storage Quantity (MSQ) (FSS only) ______
No-Notice Maximum Daily Quantity (NNSS only) ______
Maximum Park Quantity (FP only) ______
Maximum Loan Quantity (FL only) ______
Maximum Daily Injection Quantity (MDIQ) ______
Maximum Daily Withdrawal Quantity (MDWQ) ______
Transporter Name: ________________________________________________
(b) Rate prospective Customer proposes to pay for storage service
under Rate Schedules FSS, NNSS, FP or FL:
Monthly Storage Reservation Charge (FSS only) _____________
Monthly Withdrawal Reservation Charge (FSS only) _____________
Monthly Injection Reservation Charge (FSS only) _____________
Monthly No-Notice Reservation Charge (NNSS only) _____________
Monthly Parking Reservation Charge (FP only) _____________
Monthly Loan Reservation Charge (FL only) _____________
Injection Charge _____________
Withdrawal Charge _____________
Fuel Reimbursement _____________
(c) Term of Service:
Commencement Date:
___________________
Termination Date:
___________________
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 162 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
33.4 Requested Interruptible Storage Services under
Rate Schedule ISS or IHBS:
(a) Request Quantities
Maximum Storage Quantity (MSQ) ______________
Maximum Daily Injection Quantity (MDIQ) ______________
Maximum Daily Withdrawal Quantity (MDWQ) ______________
Maximum Hourly Deviation (IHBS only) ______________
Transporter Name: ________________________________________________
(b) Rate prospective Customer proposes to pay for storage service
under Rate Schedule ISS or IHBS:
Hourly Balancing Charge (IHBS only): _____________________
Storage Inventory Charge: _____________________
Injection Charge: _____________________
Withdrawal Charge: _____________________
Fuel Reimbursement: _____________________
(c) Term of Service:
Commencement Date: _____________________
Termination Date: _____________________
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 163 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
33.5 Requested Interruptible Hub Services:
(a) Requested Quantities (as applicable)
Maximum Parking Quantity ______
Maximum Loan Quantity ______
Maximum Daily Injection Quantity (MDIQ) ______
Maximum Daily Withdrawal Quantity (MDWQ) ______
Maximum Daily Wheeling Quantity (MDTQ) ______
Point of Receipt __________________
Point of Delivery __________________
(b) Rate Customer proposes to pay for Interruptible services
under Rate Schedules IP, IW or IL:
Interruptible Parking Charge (IP only) ______
Interruptible Wheeling Charge (IW only) ______
Interruptible Loan Charge (IL only) ______
Interruptible Injection Charge (IP and IL) ______
Interruptible Withdrawal Charge (IP and IL) ______
Fuel Reimbursement ______%
(c) Term of Service:
Commencement Date:___________
Termination Date: ___________
For Interruptible wheeling service: Only one Point of Receipt and
one Point of Delivery per request. Use a separate request for
additional transportation service needs.
33.6 Is Customer affiliated with TRES PALACIOS?
Yes___________ No___________
If yes, type of affiliation and the percentage of ownership
between TRES PALACIOS
and Customer: _________________________
33.7 Customer is a(n): (Check one)
___________Local Distribution Company
___________Intrastate Pipeline Company
___________Interstate Pipeline Company
___________Marketer/Broker Producer
___________End User Other (please describe ___________)
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 164 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
33.8 Customer's address for statements and invoices:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Attention: ________________Telephone: ( )___________________
e-mail: ___________________________
For all other matters:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Attention: ________________Telephone: ( )___________________
e-mail: ___________________________
33.9 Acceptance of a service request is contingent upon
TRES PALACIOS' completion of a satisfactory credit appraisal.
Prospective Customer must provide evidence of creditworthiness as
outlined in Section 3.3 of the General Terms and Conditions of
TRES PALACIOS' currently effective FERC Gas Tariff.
By submitting this request, prospective Customer
certifies further that it will execute, if tendered by TRES
PALACIOS, a Storage Service Agreement for the level of service
requested herein.
THIS SERVICE REQUEST IS HEREBY SUBMITTED
THIS ____DAY OF ___________, ______.
By____________________________________________
Title_________________________________________
Telephone number ( )_______________________
e-mail: _____________________________________
Customer:_____________________________________(Company Name)
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 165 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
GENERAL TERMS AND CONDITIONS
(Continued)
34. TRANSACTION CONFIRMATION PROCEDURE
34.1 TRES PALACIOS and a Customer may use the Transaction
Confirmation procedure set forth in this Section 34 to confirm
their agreement(s) regarding storage and hub services to be
provided by TRES PALACIOS. Should TRES PALACIOS and Customer come
to an agreement regarding a storage or hub service transaction,
TRES PALACIOS shall, and the Customer may, record that agreement
on a Transaction Confirmation, which shall include all of the
information required under the applicable form of Service
Agreement set forth in this Tariff, and communicate such
Transaction Confirmation by facsimile, e-mail or other mutually
agreeable electronic means, to the other party by the close of the
Business Day following the date of agreement. TRES PALACIOS and
Customer acknowledge that their agreement will not be binding
until the exchange of non-conflicting Transaction Confirmations or
the passage of the Confirm Deadline without objection from the
receiving party, as provided in Section 34.2.
34.2 If a sending party's Transaction Confirmation is
materially different from the receiving party's understanding of
the agreement referred to in Section 34.1, such receiving party
shall notify the sending party via facsimile, e-mail or other
mutually agreeable electronic means by the Confirm Deadline,
unless such receiving party has previously sent a Transaction
Confirmation to the sending party. The failure of the receiving
party to so notify the sending party in writing by the Confirm
Deadline constitutes the receiving party's agreement to the terms
of the transaction described in the sending party's Transaction
Confirmation. If there are any material differences between
timely sent Transaction Confirmations governing the same
transaction, then neither Transaction Confirmation shall be
binding until or unless such differences are resolved including
the use of any evidence that clearly resolves the differences in
the Transaction Confirmations.
34.3 For purposes of this Section 34, "Confirm Deadline"
shall mean 5:00 p.m. in the receiving party's time zone on the
second Business Day following the Day a Transaction Confirmation
is received; provided, if the Transaction Confirmation is time
stamped after 5:00 p.m. in the receiving party's time zone, it
shall be deemed received at the opening of the next Business Day.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet Nos 166-199 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
SHEET NOS. 166-199 ARE RESERVED FOR FUTURE USE.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 200 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM STORAGE SERVICE AGREEMENT
(For Use Under Rate Schedule FSS)
This Agreement is made as of the ______day of_____________, ____,
by and between TRES PALACIOS GAS STORAGE LLC, a Delaware limited
liability company herein called "TRES PALACIOS," and
________________, an __________, herein called "Customer," (each
of TRES PALACIOS and Customer, a "Party," and collectively, the
"Parties"), pursuant to the following recitals and
representations:
WHEREAS, TRES PALACIOS owns and operates an underground natural
gas storage facility known as the Tres Palacios Gas Storage
facility, located in Texas, and is authorized to provide natural
gas storage and related services in interstate commerce by way of
the Tres Palacios Gas Storage facility; and
WHEREAS, Customer has requested that TRES PALACIOS provide certain
firm natural gas storage services for Customer; and
WHEREAS, TRES PALACIOS has agreed to provide such firm storage
services for Customer subject to the terms and conditions set
forth in this Agreement.
NOW, THEREFORE, TRES PALACIOS and Customer agree as follows:
ARTICLE I - SCOPE OF AGREEMENT
Following the commencement of service hereunder, in accordance
with the terms of TRES PALACIOS' Rate Schedule FSS, and of this
Agreement, TRES PALACIOS shall on any Day receive for injection
into storage in the Tres Palacios Gas Storage facility for
Customer's account a quantity of Gas up to Customer's Maximum
Daily Injection Quantity as set forth on Exhibit "A" hereto, shall
store quantities of Gas so injected up to a Maximum Storage
Quantity as set forth on Exhibit "A" hereto (on a cumulative
basis), and on demand on any Day shall withdraw from Customer's
Storage Inventory and deliver to Customer a quantity of Gas up to
Customer's Maximum Daily Withdrawal Quantity as set forth on
Exhibit "A" hereto.
ARTICLE II - POINTS OF RECEIPT AND DELIVERY
The point(s) at which the Gas is to be tendered by Customer to
TRES PALACIOS under this Agreement shall be the point(s)
designated on Exhibit "B" hereto (Customer's Point(s) of Receipt).
The point(s) at which the Gas is to be tendered by TRES PALACIOS
to Customer under this Agreement shall be the point(s) designated
on Exhibit "B" hereto (Customer's Point(s) of Delivery).
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 201 : Effective |
| FERC Gas Tariff | | Original Sheet No. 201 |
| First Revised Volume No. 1 |
FIRM STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FSS)
ARTICLE III - PRICE
3.1. Customer agrees to pay TRES PALACIOS the charges set forth
on Exhibit "A" hereto for all Gas storage service furnished to
Customer hereunder.
3.2. Customer further agrees to pay TRES PALACIOS all other
applicable fees and charges as set forth in the General Terms and
Conditions and in Rate Schedule FSS.
3.3. Customer shall reimburse TRES PALACIOS for all applicable
taxes as may be assessed against TRES PALACIOS for the receipt,
injection, storage, withdrawal and/or delivery of Customer's Gas.
In addition, Customer shall reimburse TRES PALACIOS for Customer's
pro rata portion, calculated using the same methodology as that
used to assess the tax, of all ad valorem taxes, property taxes
and/or other similar taxes on Customer's gas in storage assessed
against and paid by TRES PALACIOS.
ARTICLE IV - INCORPORATION OF RATE SCHEDULE AND TARIFF
PROVISIONS
This Agreement shall be subject to the terms and conditions
specified in TRES PALACIOS' Rate Schedule FSS and the provisions
of TRES PALACIOS' FERC Gas Tariff, as filed with the Federal
Energy Regulatory Commission, together with the General Terms and
Conditions applicable thereto (including any changes in said Rate
Schedule, Tariff or General Terms and Conditions as may from time
to time be filed and made effective by TRES PALACIOS).
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 202 : Effective |
| FERC Gas Tariff | | Original Sheet No. 202 |
| First Revised Volume No. 1 |
FIRM STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FSS)
ARTICLE V - TERM OF AGREEMENT
This Agreement shall be effective as of __________________, ____
and shall remain in force and effect until _______________, ____
(the "Primary Term"); provided that this Agreement shall remain in
effect until the expiration of any transaction(s) executed by the
parties pursuant to this Agreement.
ARTICLE VI - NOTICES
Except as otherwise provided in the General Terms and Conditions
applicable to this Agreement, any notice under this Agreement
shall be in writing and may be sent by facsimile transmission or
mailed to the post office address of the Party intended to receive
the same, as follows:
TRES PALACIOS: _______________________________
_______________________________
_______________________________
Attention: ____________________
CUSTOMER:
NOTICES: _______________________________
_______________________________
_______________________________
_______________________________
Attention: _______________________________
BILLING: _______________________________
Attention: _______________________________
or to such other address as either Party shall designate by formal
written notice to the other. In all instances, the Parties shall
use their best efforts to provide notice by facsimile prior to 5
p.m. Eastern Time. Notice received before 5 p.m. Eastern Time
shall be deemed effective the day of receipt. Notice received
after 5 p.m. Eastern Time shall be deemed effective the day
following receipt.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 203 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FSS)
ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS
Any company which shall succeed by purchase, merger or
consolidation to the properties, substantially as an entirety, of
TRES PALACIOS or of Customer, as the case may be, shall be
entitled to the rights and shall be subject to the obligations of
its predecessor in title under this Agreement. Otherwise, no
assignment of this Agreement or any of the rights or obligations
thereunder shall be made by Customer, except pursuant to the
General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff.
It is agreed, however, that the restrictions on assignment
contained in this Article shall not in any way prevent either
Party to the Agreement from pledging or mortgaging its rights
thereunder as security for its indebtedness.
ARTICLE VIII - LAW OF AGREEMENT
THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.
ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES
Unless expressly herein provided, neither Party shall be liable to
the other for indirect, special, consequential, incidental,
punitive or exemplary damages.
ARTICLE X - PRIOR AGREEMENTS CANCELLED
TRES PALACIOS and Customer agree that this Agreement, as of the
date hereof, shall supersede and cancel the following Agreement(s)
between the parties hereto:
Storage Service Agreement, dated ________________, ____.
ARTICLE XI - WAREHOUSEMEN'S LIEN
11.1 CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL BE
ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN ON ALL GAS
RECEIVED BY TRES PALACIOS FROM CUSTOMER, AND ALL PROCEEDS THEREOF,
UPON SUCH RECEIPT BY TRES PALACIOS, AS PROVIDED IN SECTION 7-209
OF THE TEXAS UNIFORM COMMERCIAL CODE WITH THE RIGHTS OF
ENFORCEMENT AS PROVIDED THEREIN AND HEREIN. IN NO WAY LIMITING THE
FOREGOING, CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL
BE ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN FOR ALL
CHARGES FOR STORAGE OR TRANSPORTATION (INCLUDING DEMURRAGE AND
TERMINAL CHARGES), INSURANCE, LABOR, OR CHARGES PRESENT OR FUTURE
IN RELATION TO THE RECEIVED GAS, AND FOR EXPENSES NECESSARY FOR
PRESERVATION OF THE RECEIVED GAS OR REASONABLY INCURRED IN THE
SALE THEREOF, PURSUANT TO LAW, AND THAT SUCH LIEN SHALL EXTEND TO
LIKE CHARGES AND EXPENSES IN RELATION TO ALL SUCH RECEIVED GAS
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 204 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FSS)
11.2 IF DEEMED NECESSARY BY A COURT OF LAW, PURSUANT TO SECTION 7-
202(2) OF THE TEXAS UNIFORM COMMERCIAL CODE, SHIPPER HEREBY AGREES
THAT:
(i) THIS AGREEMENT, WITH ALL SCHEDULES AND EXHIBITS HERETO, AND
ALL OF THE MONTHLY STATEMENTS RENDERED BY TRES PALACIOS TO
CUSTOMER PURSUANT TO THE GENERAL TERMS AND CONDITIONS CONTAINED IN
TRES PALACIOS' TARIFF, SHALL BE DEEMED A "WAREHOUSE RECEIPT" FOR
ALL PURPOSES WITH RESPECT TO ARTICLE 7 OF THE TEXAS UNIFORM
COMMERCIAL CODE, REGARDLESS OF WHEN THE GAS STORED PURSUANT TO THE
CONTRACT IS RECEIVED;
(ii) THE LOCATION OF THE WAREHOUSE, TO WHOM THE GAS WILL BE
DELIVERED, RATE OF STORAGE AND HANDLING CHARGES, AND DESCRIPTION
OF THE GOODS ARE AS SET FORTH, RESPECTIVELY, IN THE PREAMBLE OF
THIS AGREEMENT, EXHIBIT B OF THIS AGREEMENT, THE MONTHLY INVOICE
(AS DESCRIBED IN SECTION 14.1 OF THE GENERAL TERMS AND CONDITIONS)
AND SECTION 2.16 OF THE GENERAL TERMS AND CONDITIONS;
(iii) THE ISSUE DATE OF THE WAREHOUSE RECEIPT WITH RESPECT TO EACH
RECEIPT OF GAS SHALL BE DEEMED TO BE THE DATE SUCH GAS WAS
RECEIVED,
(iv) THE CONSECUTIVE NUMBER OF THE RECEIPT SHALL BE DEEMED BASED
ON THE DATES OF RECEIPT WHEN LISTED IN CHRONOLOGICAL ORDER,
BEGINNING WITH THE FIRST RECEIPT OF GAS UNDER THE TERMS OF THE
CONTRACT, AND
(v) THE SIGNATURE OF TRES PALACIOS ON THE CONTRACT SHALL BE DEEMED
TO BE THE SIGNATURE OF THE WAREHOUSEMAN.
ARTICLE XII - MISCELLANEOUS
12.1. This Agreement sets forth all understandings and
agreements between the Parties respecting the subject matter
hereof, and all prior agreements, understandings and
representations, whether written or oral, respecting the subject
matter hereof are superseded by this Agreement. No modification
of the terms and provisions of this Agreement shall be made except
by the execution by both Parties of a written agreement.
12.2. No waiver by a Party of any default(s) by the other
Party in the performance of any provision, condition or
requirement of this Agreement shall operate or be construed as a
waiver of any future default(s), whether of a like or of a
different character, nor in any manner release the defaulting
Party from performance of any other provision, condition or
requirement set forth herein.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 205 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FSS)
12.3. If any provision of this Agreement is declared null and
void or voidable by a court of competent jurisdiction, such
declaration shall in no way affect the validity or effectiveness
of the other provisions of this Agreement, which shall remain in
full force and effect, and the Parties shall thereafter use their
commercially reasonable efforts to agree upon an equitable
adjustment of the provisions of this Agreement with a view to
effecting its purpose.
12.4. No presumption shall operate in favor of or against any
Party as a result of any responsibility or role that any Party may
have had in the drafting of this Agreement.
12.5. This Agreement shall not create any rights in third
parties, and no provisions hereof shall be construed as creating
any obligations for the benefit of, or rights in favor of, any
person or entity other than TRES PALACIOS or Customer.
12.6. This Agreement may be executed in counterparts, and all such
executed counterparts shall form part of this Agreement. A
signature delivered by facsimile shall be deemed to be an original
signature for purposes of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed in several counterparts by their authorized agents
as of the date first written above.
TRES PALACIOS GAS STORAGE LLC
By _________________________
Title_______________________
Customer____________________
By _________________________
Title_______________________
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 206 : Effective |
| FERC Gas Tariff | | Original Sheet No. 206 |
| First Revised Volume No. 1 |
Exhibit A to the Firm Storage Service Agreement
between TRES PALACIOS and
____________________(Customer)
dated __________
Transaction Confirmation
Maximum Storage Quantity ("MDQ") __________ Dth
Maximum Daily Injection Quantity ("MDIQ") __________ Dth
Maximum Daily Withdrawal Quantity ("MDWQ") __________ Dth
Primary Receipt Point _______________________________*
Maximum Daily Receipt Quantity ("MDRQ") __________ Dth*
Primary Delivery Point ______________________________*
Maximum Daily Delivery Quantity ("MDDQ") __________ Dth*
____ Customer shall have the right to use secondary Receipt
and Delivery Points
Start Date ____________________
End Date ____________________
Storage Reservation Charge __________ $/Dth-mo
Withdrawal Reservation Charge __________ $/Dth-mo
Injection Reservation Charge __________ $/Dth-mo
Storage Injection Charge __________ $/Dth
Storage Withdrawal Charge __________ $/Dth
Fuel Reimbursement __________
* Add additional lines for multiple Receipt and/or Delivery
Points.
Customer:
Signature:_____________________________
Date:____________________
TRES PALACIOS' Approval:
Signature:_____________________________
Date:____________________
Note: TRES PALACIOS and Customer may enter into a transaction for
storage or hub services pursuant to the Transaction Confirmation
Procedure set forth at Section 34 of the General Terms and
Conditions of TRES PALACIOS' FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 207 : Effective |
| FERC Gas Tariff | | Original Sheet No. 207 |
| First Revised Volume No. 1 |
[Reserved for Future Use]
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 208 : Effective |
| FERC Gas Tariff | | Original Sheet No. 208 |
| First Revised Volume No. 1 |
NO-NOTICE STORAGE SERVICE AGREEMENT
(For Use Under Rate Schedule NNSS)
This Agreement is made as of the ______day of_____________, ____,
by and between TRES PALACIOS GAS STORAGE LLC, a Delaware limited
liability company herein called "TRES PALACIOS," and
________________, an __________, herein called "Customer," (each
of TRES PALACIOS and Customer, a "Party," and collectively, the
"Parties"), pursuant to the following recitals and
representations:
WHEREAS, TRES PALACIOS owns and operates an underground natural
gas storage facility known as the Tres Palacios Gas Storage
facility, located in Texas, and is authorized to provide natural
gas storage and related services in interstate commerce by way of
the Tres Palacios Gas Storage facility; and
WHEREAS, Customer has requested that TRES PALACIOS provide certain
firm no-notice natural gas storage services for Customer; and
WHEREAS, TRES PALACIOS has agreed to provide such firm no-notice
storage services for Customer subject to the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, TRES PALACIOS and Customer agree as follows:
ARTICLE I - SCOPE OF AGREEMENT
Following the commencement of service hereunder, in accordance
with the terms of TRES PALACIOS' Rate Schedule NNSS, and of this
Agreement, TRES PALACIOS shall on any Day allow Customer to
deviate (plus or minus) by any amount up to Customer's No-Notice
Maximum Daily Quantity as set forth on Exhibit "A" hereto, at
points specified in Exhibit "A," from its nominations under the
Firm Storage Service Agreement between Customer as designated on
Exhibit "A." Any such deviations shall be netted against
customer's FSS Storage Inventory, provided that customer's FSS
Storage Inventory shall not be permitted to exceed Customer's FSS
Maximum Storage Quantity or to fall below zero (0).
ARTICLE II - PRICE
2.1. Customer agrees to pay TRES PALACIOS the charges set forth
on Exhibit "A" hereto for all Gas no-notice service furnished to
Customer hereunder.
2.2. Customer further agrees to pay TRES PALACIOS all other
applicable fees and charges as set forth in the General Terms and
Conditions and in Rate Schedule NNSS.
2.3. Customer shall reimburse TRES PALACIOS for all applicable
taxes as may be assessed against TRES PALACIOS for the receipt,
injection, storage, withdrawal and/or delivery of Customer's Gas.
In addition, Customer shall reimburse TRES PALACIOS for Customer's
pro rata portion, calculated using the same methodology as that
used to assess the tax, of all ad valorem taxes, property taxes
and/or other similar taxes on Customer's gas in storage assessed
against and paid by TRES PALACIOS.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 209 : Effective |
| FERC Gas Tariff | | Original Sheet No. 209 |
| First Revised Volume No. 1 |
NO-NOTICE STORAGE SERVICE AGREEMENT
(For Use Under Rate Schedule NNSS)
ARTICLE III - INCORPORATION OF RATE SCHEDULE AND TARIFF PROVISIONS
This Agreement shall be subject to the terms and conditions
specified in TRES PALACIOS' Rate Schedule NNSS and the provisions
of TRES PALACIOS' FERC Gas Tariff, as filed with the Federal
Energy Regulatory Commission, together with the General Terms and
Conditions applicable thereto (including any changes in said Rate
Schedule, Tariff or General Terms and Conditions as may from time
to time be filed and made effective by TRES PALACIOS).
ARTICLE IV - TERM OF AGREEMENT
This Agreement shall be effective as of __________________, ____
and shall remain in force and effect until _______________, ____
(the "Primary Term"); provided that this Agreement shall remain in
effect until the expiration of any transaction(s) executed by the
parties pursuant to this Agreement.
ARTICLE V - NOTICES
Except as otherwise provided in the General Terms and Conditions
applicable to this Agreement, any notice under this Agreement
shall be in writing and may be sent by facsimile transmission or
mailed to the post office address of the Party intended to receive
the same, as follows:
TRES PALACIOS: ______________________________
______________________________
______________________________
Attention: ____________________
CUSTOMER:
NOTICES: _______________________________
_______________________________
_______________________________
_______________________________
Attention: _______________________________
BILLING: _______________________________
Attention: _______________________________
or to such other address as either Party shall designate by formal
written notice to the other. In all instances, the Parties shall
use their best efforts to provide notice by facsimile prior to 5
p.m. Eastern Time. Notice received before 5 p.m. Eastern Time
shall be deemed effective the day of receipt. Notice received
after 5 p.m. Eastern Time shall be deemed effective the day
following receipt.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 210 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
NO-NOTICE STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule NNSS)
ARTICLE VI - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS
Any company which shall succeed by purchase, merger or
consolidation to the properties, substantially as an entirety, of
TRES PALACIOS or of Customer, as the case may be, shall be
entitled to the rights and shall be subject to the obligations of
its predecessor in title under this Agreement. Otherwise, no
assignment of this Agreement or any of the rights or obligations
thereunder shall be made by Customer, except pursuant to the
General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff.
It is agreed, however, that the restrictions on assignment
contained in this Article shall not in any way prevent either
Party to the Agreement from pledging or mortgaging its rights
thereunder as security for its indebtedness.
ARTICLE VII - LAW OF AGREEMENT
THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.
ARTICLE VIII - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES
Unless expressly herein provided, neither Party shall be liable to
the other for indirect, special, consequential, incidental,
punitive or exemplary damages.
ARTICLE IX - PRIOR AGREEMENTS CANCELLED
TRES PALACIOS and Customer agree that this Agreement, as of the
date hereof, shall supersede and cancel the following Agreement(s)
between the parties hereto:
Storage Service Agreement, dated ________________, ____.
ARTICLE X - MISCELLANEOUS
10.1. This Agreement sets forth all understandings and agreements
between the Parties respecting the subject matter hereof, and all
prior agreements, understandings and representations, whether
written or oral, respecting the subject matter hereof are
superseded by this Agreement. No modification of the terms and
provisions of this Agreement shall be made except by the execution
by both Parties of a written agreement.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 211 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
NO-NOTICE STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule NNSS)
10.2. No waiver by a Party of any default(s) by the other Party in
the performance of any provision, condition or requirement of this
Agreement shall operate or be construed as a waiver of any future
default(s), whether of a like or of a different character, nor in
any manner release the defaulting Party from performance of any
other provision, condition or requirement set forth herein.
10.3. If any provision of this Agreement is declared null and
void or voidable by a court of competent jurisdiction, such
declaration shall in no way affect the validity or effectiveness
of the other provisions of this Agreement, which shall remain in
full force and effect, and the Parties shall thereafter use their
commercially reasonable efforts to agree upon an equitable
adjustment of the provisions of this Agreement with a view to
effecting its purpose.
10.4. No presumption shall operate in favor of or against any
Party as a result of any responsibility or role that any Party may
have had in the drafting of this Agreement.
10.5. This Agreement shall not create any rights in third
parties, and no provisions hereof shall be construed as creating
any obligations for the benefit of, or rights in favor of, any
person or entity other than TRES PALACIOS or Customer.
10.6. This Agreement may be executed in counterparts, and all such
executed counterparts shall form part of this Agreement. A
signature delivered by facsimile shall be deemed to be an original
signature for purposes of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed in several counterparts by their authorized agents
as of the date first written above.
TRES PALACIOS GAS STORAGE LLC
By _________________________
Title_______________________
Customer____________________
By _________________________
Title_______________________
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 212 : Effective |
| FERC Gas Tariff | | Original Sheet No. 212 |
| First Revised Volume No. 1 |
Exhibit A to the NO-NOTICE STORAGE SERVICE AGREEMENT
between TRES PALACIOS and
____________________(Customer)
dated __________
Transaction Confirmation
This No-Notice Storage Service Transaction shall permit deviations
from quantities nominated under the following Rate Schedule FSS
firm storage service agreement between TRES PALACIOS and Customer:
Contract No. ____________
dated ___________________
No-Notice Maximum Quantity __________ Dth
Primary Receipt Point _______________________________*
Maximum Daily Receipt Quantity ("MDRQ") __________ Dth*
Primary Delivery Point ______________________________*
Maximum Daily Delivery Quantity ("MDDQ") __________ Dth*
____ Customer shall have the right to use secondary Receipt
and Delivery Points
Start Date ____________________
End Date ____________________
No-Notice reservation charge __________ $/Dth-mo
* Add additional lines for multiple Receipt and/or Delivery
Points.
Customer:
Signature:_____________________________
Date:____________________
TRES PALACIOS' Approval:
Signature:_____________________________
Date:____________________
Note: TRES PALACIOS and Customer may enter into a transaction for
storage or hub services pursuant to the Transaction Confirmation
Procedure set forth at Section 34 of the General Terms and
Conditions of TRES PALACIOS' FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 213 : Effective |
| FERC Gas Tariff | | Original Sheet No. 213 |
| First Revised Volume No. 1 |
FIRM PARKING SERVICE AGREEMENT
(For Use Under Rate Schedule FP)
This Agreement is made as of the ______day of_____________ ____,
by and between TRES PALACIOS GAS STORAGE LLC, a Delaware limited
liability company herein called "TRES PALACIOS," and
________________ an __________, herein called "Customer," (each of
TRES PALACIOS and Customer, a "Party," and collectively, the
"Parties"), pursuant to the following recitals and
representations:
WHEREAS, TRES PALACIOS owns and operates an underground natural
gas storage facility known as the Tres Palacios Gas Storage
facility, located in Texas, and is authorized to provide natural
gas storage and related services in interstate commerce by way of
the Tres Palacios Gas Storage facility; and
WHEREAS, Customer has requested that TRES PALACIOS provide certain
firm parking natural gas storage services for Customer; and
WHEREAS, TRES PALACIOS has agreed to provide such firm parking
storage services for Customer subject to the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, TRES PALACIOS and Customer agree as follows:
ARTICLE I - SCOPE OF AGREEMENT
Following the commencement of service hereunder, in accordance
with the terms of TRES PALACIOS' Rate Schedule FP, and of this
Agreement, TRES PALACIOS shall on any Day of the Injection Period
receive for injection into storage for Customer's account a
quantity of Gas up to Customer's Maximum Daily Injection Quantity
as set forth on Exhibit "A" hereto, shall store quantities of Gas
so injected in the Tres Palacios Gas Storage LLC underground gas
storage facility located in Texas, up to a Maximum Park Quantity
as set forth on Exhibit "A" (on a cumulative basis), and on demand
on any Day during the Withdrawal Period shall allow Customer to
withdraw from Customer's Storage Inventory and deliver to Customer
a quantity of Gas up to Customer's Maximum Daily Withdrawal
Quantity as set forth on Exhibit "A." Injections shall occur
pursuant to any transaction under this Agreement during the
Injection Period as set forth on Exhibit "A," such that Customer's
Storage Inventory at the end of the Injection Period is equal to
Customer's Maximum Park Quantity. Withdrawals shall occur
pursuant to any transaction under this Agreement during the
Withdrawal Period as set forth on Exhibit "A." There shall be no
injections or withdrawals under this Agreement from the end of the
Injection Period until the beginning of the Withdrawal Period.
ARTICLE II - POINTS OF RECEIPT AND DELIVERY
The point(s) at which the Gas is to be tendered by Customer to
TRES PALACIOS under this Agreement shall be the point(s)
designated on Exhibit "A" hereto (Customer's Point(s) of Receipt).
The point(s) at which the Gas is to be tendered by TRES PALACIOS
to Customer under this Agreement shall be the point(s) designated
on Exhibit "A" hereto (Customer's Point(s) of Delivery).
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 214 : Effective |
| FERC Gas Tariff | | Original Sheet No. 214 |
| First Revised Volume No. 1 |
FIRM PARKING SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FP)
ARTICLE III - PRICE
3.1. Customer agrees to pay TRES PALACIOS the charges set forth
on Exhibit "A" hereto for all Gas storage service furnished to
Customer hereunder.
3.2. Customer further agrees to pay TRES PALACIOS all other
applicable fees and charges as set forth in the General Terms and
Conditions and in Rate Schedule FP.
3.3. Customer shall reimburse TRES PALACIOS for all applicable
taxes as may be assessed against TRES PALACIOS for the receipt,
injection, storage, withdrawal and/or delivery of Customer's Gas.
In addition, Customer shall reimburse TRES PALACIOS for Customer's
pro rata portion, calculated using the same methodology as that
used to assess the tax, of all ad valorem taxes, property taxes
and/or other similar taxes on Customer's gas in storage assessed
against and paid by TRES PALACIOS.
ARTICLE IV - INCORPORATION OF RATE SCHEDULE AND TARIFF PROVISIONS
This Agreement shall be subject to the terms and conditions
specified in TRES PALACIOS' Rate Schedule FP and the provisions of
TRES PALACIOS' FERC Gas Tariff, as filed with the Federal Energy
Regulatory Commission, together with the General Terms and
Conditions applicable thereto (including any changes in said Rate
Schedule, Tariff or General Terms and Conditions as may from time
to time be filed and made effective by TRES PALACIOS).
ARTICLE V - TERM OF AGREEMENT
This Agreement shall be effective as of __________________, ____
and shall remain in force and effect until _______________, ____
(the "Primary Term"); provided that this Agreement shall remain in
effect until the expiration of any transaction(s) executed by the
parties pursuant to this Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 215 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM PARKING SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FP)
ARTICLE VI - NOTICES
Except as otherwise provided in the General Terms and Conditions
applicable to this Agreement, any notice under this Agreement
shall be in writing and may be sent by facsimile transmission or
mailed to the post office address of the Party intended to receive
the same, as follows:
TRES PALACIOS: ______________________________
______________________________
______________________________
Attention:____________________
CUSTOMER:
NOTICES: _______________________________
_______________________________
_______________________________
_______________________________
Attention: _______________________________
BILLING: _______________________________
Attention: _______________________________
or to such other address as either Party shall designate by formal
written notice to the other. In all instances, the Parties shall
use their best efforts to provide notice by facsimile prior to 5
p.m. Eastern Time. Notice received before 5 p.m. Eastern Time
shall be deemed effective the day of receipt. Notice received
after 5 p.m. Eastern Time shall be deemed effective the day
following receipt.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 216 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM PARKING SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FP)
ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS
Any company which shall succeed by purchase, merger or
consolidation to the properties, substantially as an entirety, of
TRES PALACIOS or of Customer, as the case may be, shall be
entitled to the rights and shall be subject to the obligations of
its predecessor in title under this Agreement. Otherwise, no
assignment of this Agreement or any of the rights or obligations
thereunder shall be made by Customer, except pursuant to the
General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff.
It is agreed, however, that the restrictions on assignment
contained in this Article shall not in any way prevent either
Party to the Agreement from pledging or mortgaging its rights
thereunder as security for its indebtedness.
ARTICLE VIII - LAW OF AGREEMENT
THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.
ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES
Unless expressly herein provided, neither Party shall be liable to
the other for indirect, special, consequential, incidental,
punitive or exemplary damages.
ARTICLE X - PRIOR AGREEMENTS CANCELLED
TRES PALACIOS and Customer agree that this Agreement, as of the
date hereof, shall supersede and cancel the following Agreement(s)
between the parties hereto:
Storage Service Agreement, dated ________________, ____.
ARTICLE XI - WAREHOUSEMEN'S LIEN
11.1 CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL BE
ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN ON ALL GAS
RECEIVED BY TRES PALACIOS FROM CUSTOMER, AND ALL PROCEEDS THEREOF,
UPON SUCH RECEIPT BY TRES PALACIOS, AS PROVIDED IN SECTION 7-209
OF THE TEXAS UNIFORM COMMERCIAL CODE WITH THE RIGHTS OF
ENFORCEMENT AS PROVIDED THEREIN AND HEREIN. IN NO WAY LIMITING THE
FOREGOING, CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL
BE ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN FOR ALL
CHARGES FOR STORAGE OR TRANSPORTATION (INCLUDING DEMURRAGE AND
TERMINAL CHARGES), INSURANCE, LABOR, OR CHARGES PRESENT OR FUTURE
IN RELATION TO THE RECEIVED GAS, AND FOR EXPENSES NECESSARY FOR
PRESERVATION OF THE RECEIVED GAS OR REASONABLY INCURRED IN THE
SALE THEREOF, PURSUANT TO LAW, AND THAT SUCH LIEN SHALL EXTEND TO
LIKE CHARGES AND EXPENSES IN RELATION TO ALL SUCH RECEIVED GAS.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 217 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM PARKING SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FP)
11.2 IF DEEMED NECESSARY BY A COURT OF LAW, PURSUANT TO SECTION 7-
202(2) OF THE TEXAS UNIFORM COMMERCIAL CODE, SHIPPER HEREBY AGREES
THAT:
(i) THIS AGREEMENT, WITH ALL SCHEDULES AND EXHIBITS HERETO, AND
ALL OF THE MONTHLY STATEMENTS RENDERED BY TRES PALACIOS TO
CUSTOMER PURSUANT TO THE GENERAL TERMS AND CONDITIONS CONTAINED IN
TRES PALACIOS' TARIFF, SHALL BE DEEMED A "WAREHOUSE RECEIPT" FOR
ALL PURPOSES WITH RESPECT TO ARTICLE 7 OF THE TEXAS UNIFORM
COMMERCIAL CODE, REGARDLESS OF WHEN THE GAS STORED PURSUANT TO THE
CONTRACT IS RECEIVED;
(ii) THE LOCATION OF THE WAREHOUSE, TO WHOM THE GAS WILL BE
DELIVERED, RATE OF STORAGE AND HANDLING CHARGES, AND DESCRIPTION
OF THE GOODS ARE AS SET FORTH, RESPECTIVELY, IN THE PREAMBLE OF
THIS AGREEMENT, EXHIBIT A OF THIS AGREEMENT, THE MONTHLY INVOICE
(AS DESCRIBED IN SECTION 14.1 OF THE GENERAL TERMS AND CONDITIONS)
AND SECTION 2.16 OF THE GENERAL TERMS AND CONDITIONS;
(iii) THE ISSUE DATE OF THE WAREHOUSE RECEIPT WITH RESPECT TO EACH
RECEIPT OF GAS SHALL BE DEEMED TO BE THE DATE SUCH GAS WAS
RECEIVED,
(iv) THE CONSECUTIVE NUMBER OF THE RECEIPT SHALL BE DEEMED BASED
ON THE DATES OF RECEIPT WHEN LISTED IN CHRONOLOGICAL ORDER,
BEGINNING WITH THE FIRST RECEIPT OF GAS UNDER THE TERMS OF THE
CONTRACT, AND
(v) THE SIGNATURE OF TRES PALACIOS ON THE CONTRACT SHALL BE DEEMED
TO BE THE SIGNATURE OF THE WAREHOUSEMAN.
ARTICLE XII - MISCELLANEOUS
12.1. This Agreement sets forth all understandings and agreements
between the Parties respecting the subject matter hereof, and all
prior agreements, understandings and representations, whether
written or oral, respecting the subject matter hereof are
superseded by this Agreement. No modification of the terms and
provisions of this Agreement shall be made except by the execution
by both Parties of a written agreement.
12.2. No waiver by a Party of any default(s) by the other Party in
the performance of any provision, condition or requirement of this
Agreement shall operate or be construed as a waiver of any future
default(s), whether of a like or of a different character, nor in
any manner release the defaulting Party from performance of any
other provision, condition or requirement set forth herein.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 218 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM PARKING SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FP)
12.3. If any provision of this Agreement is declared null and void
or voidable by a court of competent jurisdiction, such declaration
shall in no way affect the validity or effectiveness of the other
provisions of this Agreement, which shall remain in full force and
effect, and the Parties shall thereafter use their commercially
reasonable efforts to agree upon an equitable adjustment of the
provisions of this Agreement with a view to effecting its purpose.
12.4. No presumption shall operate in favor of or against any
Party as a result of any responsibility or role that any Party may
have had in the drafting of this Agreement.
12.5. This Agreement shall not create any rights in third parties,
and no provisions hereof shall be construed as creating any
obligations for the benefit of, or rights in favor of, any person
or entity other than TRES PALACIOS or Customer.
12.6. This Agreement may be executed in counterparts, and all such
executed counterparts shall form part of this Agreement. A
signature delivered by facsimile shall be deemed to be an original
signature for purposes of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed in several counterparts by their authorized agents
as of the date first written above.
TRES PALACIOS GAS STORAGE LLC
By _________________________
Title_______________________
Customer____________________
By _________________________
Title_______________________
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 219 : Effective |
| FERC Gas Tariff | | Original Sheet No. 219 |
| First Revised Volume No. 1 |
Exhibit A to the Firm Parking Service Agreement
between TRES PALACIOS and
____________________(Customer)
Transaction Confirmation
Maximum Parking Quantity ("MPQ") __________ Dth
Maximum Daily Injection Quantity ("MDIQ") __________ Dth
Maximum Daily Withdrawal Quantity ("MDWQ") __________ Dth
Primary Receipt Point _______________________________*
Maximum Daily Receipt Quantity ("MDRQ") __________ Dth*
Primary Delivery Point ______________________________*
Maximum Daily Delivery Quantity ("MDDQ") __________ Dth*
Injection Period Start Date ____________________
Injection Period End Date ____________________
Withdrawal Period Start Date ____________________
Withdrawal Period End Date ____________________
Firm Parking Reservation Charge __________ $/Dth-mo
Firm Parking Injection Charge __________ $/Dth
Firm Parking Withdrawal Charge __________ $/Dth
Fuel Reimbursement __________
* Add additional lines for multiple Receipt and/or Delivery
Points. Secondary
Point rights shall not apply to Firm Parking service.
Customer:
Signature:_____________________________
Date:____________________
TRES PALACIOS' Approval:
Signature:_____________________________
Date:____________________
Note: TRES PALACIOS and Customer may enter into a transaction for
storage or hub services pursuant to the Transaction Confirmation
Procedure set forth at Section 34 of the General Terms and
Conditions of TRES PALACIOS' FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 220 : Effective |
| FERC Gas Tariff | | Original Sheet No. 220 |
| First Revised Volume No. 1 |
FIRM LOAN SERVICE AGREEMENT
(For Use Under Rate Schedule FL)
This Agreement is made as of the ______day of_____________, ____,
by and between TRES PALACIOS GAS STORAGE LLC, a Delaware limited
liability company herein called "TRES PALACIOS," and
________________, an __________, herein called "Customer," (each
of TRES PALACIOS and Customer, a "Party," and collectively, the
"Parties"), pursuant to the following recitals and
representations:
WHEREAS, TRES PALACIOS owns and operates an underground natural
gas storage facility known as the Tres Palacios Gas Storage
facility, located in Texas, and is authorized to provide natural
gas storage and related services in interstate commerce by way of
the Tres Palacios Gas Storage facility; and
WHEREAS, Customer has requested that TRES PALACIOS provide certain
firm loan natural gas storage services for Customer; and
WHEREAS, TRES PALACIOS has agreed to provide such firm loan
storage services for Customer subject to the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, TRES PALACIOS and Customer agree as follows:
ARTICLE I - SCOPE OF AGREEMENT
Following the commencement of service hereunder, in accordance
with the terms of TRES PALACIOS' Rate Schedule FL, and of this
Agreement, TRES PALACIOS shall on demand on any Day of the
Withdrawal Period allow Customer to nominate for withdrawal and
delivery a quantity of Gas up to Customer's Maximum Daily
Withdrawal Quantity as set forth on Exhibit "A" hereto, and shall
on any Day of the Injection Period receive for injection into
storage for repayment of Customer's Loan Balance a quantity of Gas
up to Customer's Maximum Daily Injection Quantity set forth on
Exhibit "A." Withdrawals shall occur pursuant to any transaction
under this Agreement during Withdrawal Period as set forth on
Exhibit "A," such that Customer's Loan Balance at the end of the
Withdrawal Period is equal to Customer's Maximum Loan Quantity as
set forth on Exhibit "A." Injections shall occur pursuant to any
transaction under this Agreement during the Injection Period as
set forth on Exhibit "A," such that Customer's Loan Balance shall
equal zero (0) at the end of the Injection Period. There shall be
no injections or withdrawals under this Agreement from the end of
the Withdrawal Period until the beginning of the Injection Period.
ARTICLE II - POINTS OF RECEIPT AND DELIVERY
The point(s) at which the Gas is to be tendered by Customer to
TRES PALACIOS under this Agreement shall be the point(s)
designated on Exhibit "A" hereto (Customer's Point(s) of Receipt).
The point(s) at which the Gas is to be tendered by TRES PALACIOS
to Customer under this Agreement shall be the point(s) designated
on Exhibit "A" hereto (Customer's Point(s) of Delivery).
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 221 : Effective |
| FERC Gas Tariff | | Original Sheet No. 221 |
| First Revised Volume No. 1 |
FIRM LOAN SERVICE AGREEMENT
(For Use Under Rate Schedule FL)
ARTICLE III - PRICE
3.1. Customer agrees to pay TRES PALACIOS the charges set forth
on Exhibit "A" hereto for all Gas storage service furnished to
Customer hereunder.
3.2. Customer further agrees to pay TRES PALACIOS all other
applicable fees and charges as set forth in the General Terms and
Conditions and in Rate Schedule FL.
3.3. Customer shall reimburse TRES PALACIOS for all applicable
taxes as may be assessed against TRES PALACIOS for the receipt,
injection, storage, withdrawal and/or delivery of Customer's Gas.
In addition, Customer shall reimburse TRES PALACIOS for Customer's
pro rata portion, calculated using the same methodology as that
used to assess the tax, of all ad valorem taxes, property taxes
and/or other similar taxes on Customer's gas in storage assessed
against and paid by TRES PALACIOS.
ARTICLE IV - INCORPORATION OF RATE SCHEDULE AND TARIFF PROVISIONS
This Agreement shall be subject to the terms and conditions
specified in TRES PALACIOS' Rate Schedule FL and the provisions of
TRES PALACIOS' FERC Gas Tariff, as filed with the Federal Energy
Regulatory Commission, together with the General Terms and
Conditions applicable thereto (including any changes in said Rate
Schedule, Tariff or General Terms and Conditions as may from time
to time be filed and made effective by TRES PALACIOS).
ARTICLE V - TERM OF AGREEMENT
This Agreement shall be effective as of __________________, ____
and shall remain in force and effect until _______________, ____
(the "Primary Term"); provided that this Agreement shall remain in
effect until the expiration of any transaction(s) executed by the
parties pursuant to this Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 222 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM LOAN SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FL)
ARTICLE VI - NOTICES
Except as otherwise provided in the General Terms and Conditions
applicable to this Agreement, any notice under this Agreement
shall be in writing and may be sent by facsimile transmission or
mailed to the post office address of the Party intended to receive
the same, as follows:
TRES PALACIOS: ______________________________
______________________________
______________________________
Attention:____________________
CUSTOMER:
NOTICES: _______________________________
_______________________________
_______________________________
_______________________________
Attention: _______________________________
BILLING: _______________________________
Attention: _______________________________
or to such other address as either Party shall designate by formal
written notice to the other. In all instances, the Parties shall
use their best efforts to provide notice by facsimile prior to 5
p.m. Eastern Time. Notice received before 5 p.m. Eastern Time
shall be deemed effective the day of receipt. Notice received
after 5 p.m. Eastern Time shall be deemed effective the day
following receipt.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 223 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM LOAN SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FL)
ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS
Any company which shall succeed by purchase, merger or
consolidation to the properties, substantially as an entirety, of
TRES PALACIOS or of Customer, as the case may be, shall be
entitled to the rights and shall be subject to the obligations of
its predecessor in title under this Agreement. Otherwise, no
assignment of this Agreement or any of the rights or obligations
thereunder shall be made by Customer, except pursuant to the
General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff.
It is agreed, however, that the restrictions on assignment
contained in this Article shall not in any way prevent either
Party to the Agreement from pledging or mortgaging its rights
thereunder as security for its indebtedness.
ARTICLE VIII - LAW OF AGREEMENT
THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.
ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES
Unless expressly herein provided, neither Party shall be liable to
the other for indirect, special, consequential, incidental,
punitive or exemplary damages.
ARTICLE X - PRIOR AGREEMENTS CANCELLED
TRES PALACIOS and Customer agree that this Agreement, as of the
date hereof, shall supersede and cancel the following Agreement(s)
between the parties hereto:
Storage Service Agreement, dated ________________, ____.
ARTICLE XI - MISCELLANEOUS
11.1. This Agreement sets forth all understandings and
agreements between the Parties respecting the subject matter
hereof, and all prior agreements, understandings and
representations, whether written or oral, respecting the subject
matter hereof are superseded by this Agreement. No modification
of the terms and provisions of this Agreement shall be made except
by the execution by both Parties of a written agreement.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 224 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FIRM LOAN SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule FL)
11.2. No waiver by a Party of any default(s) by the other
Party in the performance of any provision, condition or
requirement of this Agreement shall operate or be construed as a
waiver of any future default(s), whether of a like or of a
different character, nor in any manner release the defaulting
Party from performance of any other provision, condition or
requirement set forth herein.
11.3. If any provision of this Agreement is declared null and void
or voidable by a court of competent jurisdiction, such declaration
shall in no way affect the validity or effectiveness of the other
provisions of this Agreement, which shall remain in full force and
effect, and the Parties shall thereafter use their commercially
reasonable efforts to agree upon an equitable adjustment of the
provisions of this Agreement with a view to effecting its purpose.
11.4. No presumption shall operate in favor of or against any
Party as a result of any responsibility or role that any Party may
have had in the drafting of this Agreement.
11.5. This Agreement shall not create any rights in third
parties, and no provisions hereof shall be construed as creating
any obligations for the benefit of, or rights in favor of, any
person or entity other than TRES PALACIOS or Customer.
11.6. This Agreement may be executed in counterparts, and all such
executed counterparts shall form part of this Agreement. A
signature delivered by facsimile shall be deemed to be an original
signature for purposes of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed in several counterparts by their authorized agents
as of the date first written above.
TRES PALACIOS GAS STORAGE LLC
By _________________________
Title_______________________
Customer____________________
By _________________________
Title_______________________
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 225 : Effective |
| FERC Gas Tariff | | Original Sheet No. 225 |
| First Revised Volume No. 1 |
Exhibit A to the Firm Loan Service Agreement
between TRES PALACIOS and
____________________(Customer)
Transaction Confirmation
Maximum Loan Quantity ("MLQ") __________ Dth
Maximum Daily Injection Quantity ("MDIQ") __________ Dth
Maximum Daily Withdrawal Quantity ("MDWQ") __________ Dth
Primary Receipt Point _______________________________*
Maximum Daily Receipt Quantity ("MDRQ") __________ Dth*
Primary Delivery Point ______________________________*
Maximum Daily Delivery Quantity ("MDDQ") __________ Dth*
Withdrawal Period Start Date ____________________
Withdrawal Period End Date ____________________
Injection Period Start Date ____________________
Injection Period End Date ____________________
Firm Loan Reservation Charge __________ $/Dth-mo
Firm Loan Injection Charge __________ $/Dth
Firm Loan Withdrawal Charge __________ $/Dth
Fuel Reimbursement __________
* Add additional lines for multiple Receipt and/or Delivery
Points. Secondary
Point rights shall not apply to Firm Loan service.
Customer:
Signature:_____________________________
Date:____________________
TRES PALACIOS' Approval:
Signature:_____________________________
Date:____________________
Note: TRES PALACIOS and Customer may enter into a transaction for
storage or hub services pursuant to the Transaction Confirmation
Procedure set forth at Section 34 of the General Terms and
Conditions of TRES PALACIOS' FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 226 : Effective |
| FERC Gas Tariff | | Original Sheet No. 226 |
| First Revised Volume No. 1 |
INTERRUPTIBLE STORAGE SERVICE AGREEMENT
(For Use Under Rate Schedule ISS)
This Agreement is made as of the _______day of _________, ____, by
and between TRES PALACIOS GAS STORAGE LLC, a Delaware limited
liability company herein called "TRES PALACIOS," and
_____________________, an __________________, herein called
"Customer," (each of TRES PALACIOS and Customer, a "Party," and
collectively, the "Parties"), pursuant to the following recitals
and representations:
WHEREAS, TRES PALACIOS owns and operates an underground natural
gas storage facility known as the Tres Palacios Gas Storage
facility, located in Texas, and is authorized to provide natural
gas storage and related services in interstate commerce by way of
the Tres Palacios Gas Storage facility; and
WHEREAS, Customer has requested that TRES PALACIOS provide certain
interruptible natural gas storage services for Customer; and
WHEREAS, TRES PALACIOS has agreed to provide such interruptible
storage services for Customer subject to the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, TRES PALACIOS and Customer agree as follows:
ARTICLE I - SCOPE OF AGREEMENT
Following the commencement of service pursuant to any transaction
hereunder, in accordance with the terms of TRES PALACIOS' Rate
Schedule ISS, and of this Agreement, TRES PALACIOS shall receive
on any Day for injection into storage for Customer's account a
quantity of Gas up to Customer's Maximum Daily Injection Quantity
as set forth on Exhibit "A" hereto, shall store quantities of Gas
so injected in the Tres Palacios Gas Storage LLC underground gas
storage facility located in Texas, up to a Maximum Storage
Quantity as set forth on Exhibit "A" (on a cumulative basis) and
on demand on any Day shall withdraw from Customer's Storage
Inventory and deliver to Customer a quantity of Gas up to
Customer's Maximum Daily Withdrawal Quantity as set forth on
Exhibit "A."
ARTICLE II - POINTS OF RECEIPT AND DELIVERY
The point(s) at which the Gas is to be tendered by Customer to
TRES PALACIOS under this Agreement shall be any of the Point(s) of
Receipt as posted on TRES PALACIOS' Internet Web Site.
The point(s) at which the Gas is to be tendered by TRES PALACIOS
to Customer under this Agreement shall be any of the Point(s) of
Delivery as posted on TRES PALACIOS' Internet Web Site.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 227 : Effective |
| FERC Gas Tariff | | Original Sheet No. 227 |
| First Revised Volume No. 1 |
INTERRUPTIBLE STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule ISS)
ARTICLE III - PRICE
3.1. Customer agrees to pay TRES PALACIOS the charges set forth
on Exhibit "A" hereto for all Gas storage service furnished to
Customer hereunder.
3.2. Customer further agrees to pay TRES PALACIOS all other
applicable fees and charges as set forth in the General Terms and
Conditions and in Rate Schedule ISS.
3.3. Customer shall reimburse TRES PALACIOS for all applicable
taxes as may be assessed against TRES PALACIOS for the receipt,
injection, storage, withdrawal and/or delivery of Customer's Gas.
In addition, Customer shall reimburse TRES PALACIOS for Customer's
pro rata portion, calculated using the same methodology as that
used to assess the tax, of all ad valorem taxes, property taxes
and/or other similar taxes on Customer's gas in storage assessed
against and paid by TRES PALACIOS.
ARTICLE IV - INCORPORATION OF RATE SCHEDULE AND TARIFF PROVISIONS
This Agreement shall be subject to the terms and conditions
specified in TRES PALACIOS' Rate Schedule ISS and the provisions
of TRES PALACIOS' FERC Gas Tariff, as filed with the Federal
Energy Regulatory Commission, together with the General Terms and
Conditions applicable thereto (including any changes in said Rate
Schedule, Tariff or General Terms and Conditions as may from time
to time be filed and made effective by TRES PALACIOS).
ARTICLE V - TERM OF AGREEMENT
This Agreement shall be effective as of__________, ____, and
shall remain in force and effect until _________, ____ (the
"Primary Term"); provided that this Agreement shall remain in
effect until the expiration of any transaction(s) executed by the
parties pursuant to this Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 228 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
INTERRUPTIBLE STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule ISS)
ARTICLE VI - NOTICES
Except as otherwise provided in the General Terms and Conditions
applicable to this Agreement, any notice under this Agreement
shall be in writing and may be sent by facsimile transmission or
mailed to the post office address of the Party intended to receive
the same, as follows:
TRES PALACIOS: ______________________________
______________________________
______________________________
Attention:____________________
CUSTOMER:
NOTICES: _______________________________
_______________________________
_______________________________
_______________________________
Attention: _______________________________
BILLING: ______________________________
Attention: ______________________________
or to such other address as either Party shall designate by formal
written notice to the other. In all instances, the Parties shall
use their best efforts to provide notice by facsimile prior to 5
p.m. Eastern Time. Notice received before 5 p.m. Eastern Time
shall be deemed effective the day of receipt. Notice received
after 5 p.m. Eastern Time shall be deemed effective the day
following receipt.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 229 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
INTERRUPTIBLE STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule ISS)
ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS
Any company which shall succeed by purchase, merger or
consolidation to the properties, substantially as an entirety, of
TRES PALACIOS or of Customer, as the case may be, shall be
entitled to the rights and shall be subject to the obligations of
its predecessor in title under this Agreement. Otherwise, no
assignment of this Agreement or any of the rights or obligations
thereunder shall be made by Customer, except pursuant to the
General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff.
It is agreed, however, that the restrictions on assignment
contained in this Article shall not in any way prevent either
Party to the Agreement from pledging or mortgaging its rights
thereunder as security for its indebtedness.
ARTICLE VIII - LAW OF AGREEMENT
THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.
ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES
Unless expressly herein provided, neither Party shall be liable to
the other for indirect, special, consequential, incidental,
punitive or exemplary damages.
ARTICLE X - PRIOR AGREEMENTS CANCELLED
TRES PALACIOS and Customer agree that this Agreement, as of the
date hereof, shall supersede and cancel the following Agreement(s)
between the parties hereto:
Storage Service Agreement dated ___________________, ____.
ARTICLE XI - WAREHOUSEMEN'S LIEN
11.1 CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL BE
ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN ON ALL GAS
RECEIVED BY TRES PALACIOS FROM CUSTOMER, AND ALL PROCEEDS THEREOF,
UPON SUCH RECEIPT BY TRES PALACIOS, AS PROVIDED IN SECTION 7-209
OF THE TEXAS UNIFORM COMMERCIAL CODE WITH THE RIGHTS OF
ENFORCEMENT AS PROVIDED THEREIN AND HEREIN. IN NO WAY LIMITING THE
FOREGOING, CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL
BE ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN FOR ALL
CHARGES FOR STORAGE OR TRANSPORTATION (INCLUDING DEMURRAGE AND
TERMINAL CHARGES), INSURANCE, LABOR, OR CHARGES PRESENT OR FUTURE
IN RELATION TO THE RECEIVED GAS, AND FOR EXPENSES NECESSARY FOR
PRESERVATION OF THE RECEIVED GAS OR REASONABLY INCURRED IN THE
SALE THEREOF, PURSUANT TO LAW, AND THAT SUCH LIEN SHALL EXTEND TO
LIKE CHARGES AND EXPENSES IN RELATION TO ALL SUCH RECEIVED GAS.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 230 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
INTERRUPTIBLE STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule ISS)
11.2 IF DEEMED NECESSARY BY A COURT OF LAW, PURSUANT TO SECTION 7-
202(2) OF THE TEXAS UNIFORM COMMERCIAL CODE, SHIPPER HEREBY AGREES
THAT:
(i) THIS AGREEMENT, WITH ALL SCHEDULES AND EXHIBITS HERETO, AND
ALL OF THE MONTHLY STATEMENTS RENDERED BY TRES PALACIOS TO
CUSTOMER PURSUANT TO THE GENERAL TERMS AND CONDITIONS CONTAINED IN
TRES PALACIOS' TARIFF, SHALL BE DEEMED A "WAREHOUSE RECEIPT" FOR
ALL PURPOSES WITH RESPECT TO ARTICLE 7 OF THE TEXAS UNIFORM
COMMERCIAL CODE, REGARDLESS OF WHEN THE GAS STORED PURSUANT TO THE
CONTRACT IS RECEIVED;
(ii) THE LOCATION OF THE WAREHOUSE, TO WHOM THE GAS WILL BE
DELIVERED, RATE OF STORAGE AND HANDLING CHARGES, AND DESCRIPTION
OF THE GOODS ARE AS SET FORTH, RESPECTIVELY, IN THE PREAMBLE OF
THIS AGREEMENT, ARTICLE II OF THIS AGREEMENT, THE MONTHLY INVOICE
(AS DESCRIBED IN SECTION 14.1 OF THE GENERAL TERMS AND CONDITIONS)
AND SECTION 2.16 OF THE GENERAL TERMS AND CONDITIONS;
(iii) THE ISSUE DATE OF THE WAREHOUSE RECEIPT WITH RESPECT TO EACH
RECEIPT OF GAS SHALL BE DEEMED TO BE THE DATE SUCH GAS WAS
RECEIVED,
(iv) THE CONSECUTIVE NUMBER OF THE RECEIPT SHALL BE DEEMED BASED
ON THE DATES OF RECEIPT WHEN LISTED IN CHRONOLOGICAL ORDER,
BEGINNING WITH THE FIRST RECEIPT OF GAS UNDER THE TERMS OF THE
CONTRACT, AND
(v) THE SIGNATURE OF TRES PALACIOS ON THE CONTRACT SHALL BE DEEMED
TO BE THE SIGNATURE OF THE WAREHOUSEMAN.
ARTICLE XII - MISCELLANEOUS
12.1. This Agreement sets forth all understandings and agreements
between the Parties respecting the subject matter hereof, and all
prior agreements, understandings and representations, whether
written or oral, respecting the subject matter hereof are
superseded by this Agreement. No modification of the terms and
provisions of this Agreement shall be made except by the execution
by both Parties of a written agreement.
12.2. No waiver by a Party of any default(s) by the other Party in
the performance of any provision, condition or requirement of this
Agreement shall operate or be construed as a waiver of any future
default(s), whether of a like or of a different character, nor in
any manner release the defaulting Party from performance of any
other provision, condition or requirement set forth herein.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 231 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
INTERRUPTIBLE STORAGE SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule ISS)
12.3. If any provision of this Agreement is declared null and void
or voidable by a court of competent jurisdiction, such declaration
shall in no way affect the validity or effectiveness of the other
provisions of this Agreement, which shall remain in full force and
effect, and the Parties shall thereafter use their commercially
reasonable efforts to agree upon an equitable adjustment of the
provisions of this Agreement with a view to effecting its purpose.
12.4. No presumption shall operate in favor of or against any
Party as a result of any responsibility or role that any Party may
have had in the drafting of this Agreement.
12.5. This Agreement shall not create any rights in third parties,
and no provisions hereof shall be construed as creating any
obligations for the benefit of, or rights in favor of, any person
or entity other than TRES PALACIOS or Customer.
12.6. This Agreement may be executed in counterparts, and all such
executed counterparts shall form part of this Agreement. A
signature delivered by facsimile shall be deemed to be an original
signature for purposes of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed in several counterparts by their authorized agents
as of the date first written above.
TRES PALACIOS GAS STORAGE LLC
By______________________________
Title___________________________
Customer________________________
By______________________________
Title___________________________
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 231A : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
Exhibit A to the Interruptible Storage Service Agreement
between TRES PALACIOS and
____________________(Customer)
Transaction Confirmation
Maximum Storage Quantity ("MSQ") __________ Dth
Maximum Daily Injection Quantity ("MDIQ") __________ Dth
Maximum Daily Withdrawal Quantity ("MDWQ") __________ Dth
Start Date ____________________
End Date ____________________
Storage Inventory Charge __________ $/Dth
Injection Charge __________ $/Dth
Withdrawal Charge __________ $/Dth
Fuel Reimbursement __________
Customer:
Signature:_____________________________
Date:____________________
TRES PALACIOS' Approval:
Signature:_____________________________
Date:____________________
Note: TRES PALACIOS and Customer may enter into a transaction for
storage or hub services pursuant to the Transaction Confirmation
Procedure set forth at Section 34 of the General Terms and
Conditions of TRES PALACIOS' FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 232 : Effective |
| FERC Gas Tariff | | Original Sheet No. 232 |
| First Revised Volume No. 1 |
INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT
(For Use Under Rate Schedule IHBS)
This Agreement is made as of the _______day of _________, ____, by
and between TRES PALACIOS GAS STORAGE LLC, a Delaware limited
liability company herein called "TRES PALACIOS," and
_____________________, an __________________, herein called
"Customer," (each of TRES PALACIOS and Customer, a "Party," and
collectively, the "Parties"), pursuant to the following recitals
and representations:
WHEREAS, TRES PALACIOS owns and operates an underground natural
gas storage facility known as the Tres Palacios Gas Storage
facility, located in Texas, and is authorized to provide natural
gas storage and related services in interstate commerce by way of
the Tres Palacios Gas Storage facility; and
WHEREAS, Customer has requested that TRES PALACIOS provide certain
interruptible hourly balancing natural gas storage services for
Customer; and
WHEREAS, TRES PALACIOS has agreed to provide such interruptible
hourly balancing storage services for Customer subject to the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, TRES PALACIOS and Customer agree as follows:
ARTICLE I - SCOPE OF AGREEMENT
Following the commencement of service hereunder, in accordance
with the terms of TRES PALACIOS' Rate Schedule IHBS, and of this
Agreement,
TRES PALACIOS shall receive on any Day for injection into storage
for Customer's account a quantity of Gas up to Customer's Maximum
Daily Injection Quantity as set forth on Exhibit "A" hereto, shall
store quantities of Gas so injected in the Tres Palacios Gas
Storage LLC underground gas storage facility located in Texas, up
to a Maximum Storage Quantity as set forth on Exhibit "A" (on a
cumulative basis) and on demand on any Day shall withdraw from
Customer's Storage Inventory and deliver to Customer a quantity of
Gas up to Customer's Maximum Daily Withdrawal Quantity as set
forth on Exhibit "A;" and
TRES PALACIOS shall, for each hour during a Day, subject to
maximum hourly limit as set forth on Exhibit "A," receive or
deliver at the Point(s) of Receipt/Delivery designated by Customer
hourly balancing quantities of Gas which shall be the difference,
on an hourly basis, between (i) the injections to or withdrawals
from TRES PALACIOS' storage of Gas as nominated by Customer to
meet Customer's desired hourly pattern of deliveries at its
delivery point(s) on the Transporter's (s') pipeline system(s) and
(ii) Customer's ratable flow quantities on TRES PALACIOS (1/24 of
Daily nominated quantities).
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 233 : Effective |
| FERC Gas Tariff | | Original Sheet No. 233 |
| First Revised Volume No. 1 |
INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule IHBS)
ARTICLE II - POINTS OF RECEIPT AND DELIVERY
The point(s) at which the Gas is to be tendered by Customer to
TRES PALACIOS under this Agreement on any Day for injection to
storage shall be any of the Point(s) of Receipt as posted on TRES
PALACIOS' Internet Web Site.
The point(s) at which the Gas is to be tendered by TRES PALACIOS
to Customer under this Agreement an any Day for withdrawal from
storage shall be any of the Point(s) of Delivery as posted on TRES
PALACIOS' Internet Web Site.
The point(s) at which the hourly balancing quantities of Gas are
to be tendered by Customer to TRES PALACIOS under this Agreement
shall be any of the Point(s) of Receipt as posted on TRES
PALACIOS' Internet Web Site.
The point(s) at which the hourly balancing quantities of Gas are
to be tendered by TRES PALACIOS to Customer under this Agreement
shall be any of the Point(s) of Delivery as posted on TRES
PALACIOS' Internet Web Site.
ARTICLE III - PRICE
3.1. Customer agrees to pay TRES PALACIOS the charges set forth
on Exhibit "A" hereto for all Gas storage service furnished to
Customer hereunder.
3.2. Customer further agrees to pay TRES PALACIOS all other
applicable fees and charges as set forth in the General Terms and
Conditions and in Rate Schedule IHBS.
3.3. Customer shall reimburse TRES PALACIOS for all applicable
taxes as may be assessed against TRES PALACIOS for the receipt,
injection, storage, withdrawal and/or delivery of Customer's Gas.
In addition, Customer shall reimburse TRES PALACIOS for Customer's
pro rata portion, calculated using the same methodology as that
used to assess the tax, of all ad valorem taxes, property taxes
and/or other similar taxes on Customer's gas in storage assessed
against and paid by TRES PALACIOS.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 234 : Effective |
| FERC Gas Tariff | | Original Sheet No. 234 |
| First Revised Volume No. 1 |
INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule IHBS)
ARTICLE IV - INCORPORATION OF RATE SCHEDULE AND TARIFF PROVISIONS
This Agreement shall be subject to the terms and conditions
specified in TRES PALACIOS' Rate Schedule IHBS and the provisions
of TRES PALACIOS' FERC Gas Tariff, as filed with the Federal
Energy Regulatory Commission, together with the General Terms and
Conditions applicable thereto (including any changes in said Rate
Schedule, Tariff or General Terms and Conditions as may from time
to time be filed and made effective by TRES PALACIOS).
ARTICLE V - TERM OF AGREEMENT
This Agreement shall be effective as of__________, ____, and
shall remain in force and effect until _________, ____ (the
"Primary Term"); provided that this Agreement shall remain in
effect until the expiration of any transaction(s) executed by the
parties pursuant to this Agreement.
ARTICLE VI - NOTICES
Except as otherwise provided in the General Terms and Conditions
applicable to this Agreement, any notice under this Agreement
shall be in writing and may be sent by facsimile transmission or
mailed to the post office address of the Party intended to receive
the same, as follows:
TRES PALACIOS: ______________________________
______________________________
______________________________
Attention: ____________________
CUSTOMER:
NOTICES: _______________________________
_______________________________
_______________________________
_______________________________
Attention: _______________________________
BILLING: ______________________________
Attention: ______________________________
or to such other address as either Party shall designate by formal
written notice to the other. In all instances, the Parties shall
use their best efforts to provide notice by facsimile prior to 5
p.m. Eastern Time. Notice received before 5 p.m. Eastern Time
shall be deemed effective the day of receipt. Notice received
after 5 p.m. Eastern Time shall be deemed effective the day
following receipt.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 235 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule IHBS)
ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS
Any company which shall succeed by purchase, merger or
consolidation to the properties, substantially as an entirety, of
TRES PALACIOS or of Customer, as the case may be, shall be
entitled to the rights and shall be subject to the obligations of
its predecessor in title under this Agreement. Otherwise, no
assignment of this Agreement or any of the rights or obligations
thereunder shall be made by Customer, except pursuant to the
General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff.
It is agreed, however, that the restrictions on assignment
contained in this Article shall not in any way prevent either
Party to the Agreement from pledging or mortgaging its rights
thereunder as security for its indebtedness.
ARTICLE VIII - LAW OF AGREEMENT
THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.
ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES
Unless expressly herein provided, neither Party shall be liable to
the other for indirect, special, consequential, incidental,
punitive or exemplary damages.
ARTICLE X - PRIOR AGREEMENTS CANCELLED
TRES PALACIOS and Customer agree that this Agreement, as of the
date hereof, shall supersede and cancel the following Agreement(s)
between the parties hereto:
Storage Service Agreement dated ___________________, ____.
ARTICLE XI - WAREHOUSEMEN'S LIEN
11.1 CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL BE
ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN ON ALL GAS
RECEIVED BY TRES PALACIOS FROM CUSTOMER, AND ALL PROCEEDS THEREOF,
UPON SUCH RECEIPT BY TRES PALACIOS, AS PROVIDED IN SECTION 7-209
OF THE TEXAS UNIFORM COMMERCIAL CODE WITH THE RIGHTS OF
ENFORCEMENT AS PROVIDED THEREIN AND HEREIN. IN NO WAY LIMITING THE
FOREGOING, CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL
BE ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN FOR ALL
CHARGES FOR STORAGE OR TRANSPORTATION (INCLUDING DEMURRAGE AND
TERMINAL CHARGES), INSURANCE, LABOR, OR CHARGES PRESENT OR FUTURE
IN RELATION TO THE RECEIVED GAS, AND FOR EXPENSES NECESSARY FOR
PRESERVATION OF THE RECEIVED GAS OR REASONABLY INCURRED IN THE
SALE THEREOF, PURSUANT TO LAW, AND THAT SUCH LIEN SHALL EXTEND TO
LIKE CHARGES AND EXPENSES IN RELATION TO ALL SUCH RECEIVED GAS.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 236 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule IHBS)
11.2 IF DEEMED NECESSARY BY A COURT OF LAW, PURSUANT TO SECTION 7-
202(2) OF THE TEXAS UNIFORM COMMERCIAL CODE, SHIPPER HEREBY AGREES
THAT:
(i) THIS AGREEMENT, WITH ALL SCHEDULES AND EXHIBITS HERETO, AND
ALL OF THE MONTHLY STATEMENTS RENDERED BY TRES PALACIOS TO
CUSTOMER PURSUANT TO THE GENERAL TERMS AND CONDITIONS CONTAINED IN
TRES PALACIOS' TARIFF, SHALL BE DEEMED A "WAREHOUSE RECEIPT" FOR
ALL PURPOSES WITH RESPECT TO ARTICLE 7 OF THE TEXAS UNIFORM
COMMERCIAL CODE, REGARDLESS OF WHEN THE GAS STORED PURSUANT TO THE
CONTRACT IS RECEIVED;
(ii) THE LOCATION OF THE WAREHOUSE, TO WHOM THE GAS WILL BE
DELIVERED, RATE OF STORAGE AND HANDLING CHARGES, AND DESCRIPTION
OF THE GOODS ARE AS SET FORTH, RESPECTIVELY, IN THE PREAMBLE OF
THIS AGREEMENT, ARTICLE II OF THIS AGREEMENT, THE MONTHLY INVOICE
(AS DESCRIBED IN SECTION 14.1 OF THE GENERAL TERMS AND CONDITIONS)
AND SECTION 2.16 OF THE GENERAL TERMS AND CONDITIONS;
(iii) THE ISSUE DATE OF THE WAREHOUSE RECEIPT WITH RESPECT TO EACH
RECEIPT OF GAS SHALL BE DEEMED TO BE THE DATE SUCH GAS WAS
RECEIVED,
(iv) THE CONSECUTIVE NUMBER OF THE RECEIPT SHALL BE DEEMED BASED
ON THE DATES OF RECEIPT WHEN LISTED IN CHRONOLOGICAL ORDER,
BEGINNING WITH THE FIRST RECEIPT OF GAS UNDER THE TERMS OF THE
CONTRACT, AND
(v) THE SIGNATURE OF TRES PALACIOS ON THE CONTRACT SHALL BE DEEMED
TO BE THE SIGNATURE OF THE WAREHOUSEMAN.
ARTICLE XII - MISCELLANEOUS
12.1. This Agreement sets forth all understandings and
agreements between the Parties respecting the subject matter
hereof, and all prior agreements, understandings and
representations, whether written or oral, respecting the subject
matter hereof are superseded by this Agreement. No modification
of the terms and provisions of this Agreement shall be made except
by the execution by both Parties of a written agreement.
12.2. No waiver by a Party of any default(s) by the other Party in
the performance of any provision, condition or requirement of this
Agreement shall operate or be construed as a waiver of any future
default(s), whether of a like or of a different character, nor in
any manner release the defaulting Party from performance of any
other provision, condition or requirement set forth herein.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 237 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT
(Continued)
(For Use Under Rate Schedule IHBS)
12.3. If any provision of this Agreement is declared null and
void or voidable by a court of competent jurisdiction, such
declaration shall in no way affect the validity or effectiveness
of the other provisions of this Agreement, which shall remain in
full force and effect, and the Parties shall thereafter use their
commercially reasonable efforts to agree upon an equitable
adjustment of the provisions of this Agreement with a view to
effecting its purpose.
12.4. No presumption shall operate in favor of or against any
Party as a result of any responsibility or role that any Party may
have had in the drafting of this Agreement.
12.5. This Agreement shall not create any rights in third
parties, and no provisions hereof shall be construed as creating
any obligations for the benefit of, or rights in favor of, any
person or entity other than TRES PALACIOS or Customer.
12.6. This Agreement may be executed in counterparts, and all
such executed counterparts shall form part of this Agreement. A
signature delivered by facsimile shall be deemed to be an original
signature for purposes of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed in several counterparts by their authorized agents
as of the date first written above.
TRES PALACIOS GAS STORAGE LLC
By______________________________
Title___________________________
Customer________________________
By______________________________
Title___________________________
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 237A : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
Exhibit A to the
Interruptible Hourly Balancing Storage Service Agreement
between TRES PALACIOS and
____________________(Customer)
Transaction Confirmation
Maximum Storage Quantity ("MSQ") __________ Dth
Maximum Daily Injection Quantity ("MDIQ") __________ Dth
Maximum Daily Withdrawal Quantity ("MDWQ") __________ Dth
Maximum Hourly IHBS Quantity __________ Dth
Start Date ____________________
End Date ____________________
Hourly Balancing Charge __________ $/Dth
Storage Inventory Charge __________ $/Dth
Injection Charge __________ $/Dth
Withdrawal Charge __________ $/Dth
Fuel Reimbursement __________
Customer:
Signature:_____________________________
Date:____________________
TRES PALACIOS' Approval:
Signature:_____________________________
Date:____________________
Note: TRES PALACIOS and Customer may enter into a transaction for
storage or hub services pursuant to the Transaction Confirmation
Procedure set forth at Section 34 of the General Terms and
Conditions of TRES PALACIOS' FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 238 : Effective |
| FERC Gas Tariff | | Original Sheet No. 238 |
| First Revised Volume No. 1 |
HUB SERVICES AGREEMENT
(For Use Under Rate Schedules IP, IW, and IL)
This Agreement is made as of the ___day of ___________, ____, by
and between TRES PALACIOS GAS STORAGE LLC, a Delaware limited
liability company herein called "TRES PALACIOS," and
__________________________, a _________________, herein called
"Customer," (each of TRES PALACIOS and Customer, a "Party," and
collectively, the "Parties"), pursuant to the following recitals
and representations:
WHEREAS, TRES PALACIOS owns and operates an underground natural
gas storage facility known as the Tres Palacios Gas Storage
facility, located in Texas, and is authorized to provide natural
gas storage and related services in interstate commerce by way of
the Tres Palacios Gas Storage facility; and
WHEREAS, Customer has requested that TRES PALACIOS provide certain
interruptible hub natural gas storage services for Customer; and
WHEREAS, TRES PALACIOS has agreed to provide such interruptible
hub storage services for Customer subject to the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, TRES PALACIOS and Customer agree as follows:
ARTICLE I - SCOPE OF AGREEMENT
Following the commencement of service hereunder, in accordance
with the terms of TRES PALACIOS' Rate Schedules IP, IW, and/or IL,
as applicable, and of this Agreement, TRES PALACIOS shall provide
Interruptible service for Customer and shall receive, inject,
park, store, wheel, loan, withdraw and redeliver, as the case may
be, quantities of Gas up to the Customer's MDIQ, MDWQ, MSQ,
Maximum Park Quantity, Maximum Loan Quantity, and/or MDTQ, as
applicable, as set forth on Exhibits A, B and/or C hereto.
Customer and TRES PALACIOS may execute more than one of each of
Exhibits A, B and/or C during the term of this Agreement, covering
multiple transactions for Hub Services.
ARTICLE II - POINTS OF RECEIPT AND DELIVERY
The point(s) at which the Gas is to be tendered by Customer to
TRES PALACIOS under this Agreement shall be any of the Point(s) of
Receipt as posted on TRES PALACIOS' Internet Web Site, unless
Point(s) of Receipt are otherwise designated on Exhibits A, B
and/or C hereto.
The point(s) at which the Gas is to be tendered by TRES PALACIOS
to Customer under this Agreement shall be any of the Point(s) of
Delivery as posted on TRES PALACIOS' Internet Web Site, unless
Point(s) of Delivery are otherwise designated on Exhibits A, B
and/or C hereto.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 239 : Effective |
| FERC Gas Tariff | | Original Sheet No. 239 |
| First Revised Volume No. 1 |
HUB SERVICES AGREEMENT
(Continued)
(For Use Under Rate Schedule IP, IW, and IL)
ARTICLE III - PRICE
3.1. Customer agrees to pay TRES PALACIOS the charges for all Gas
service furnished to Customer hereunder as set forth on Exhibits
A, B and/or C hereto.
3.2. Where applicable, Customer agrees to pay in kind the Fuel
Reimbursement amount as set forth on Exhibit A, B and/or C hereto.
3.3. Customer further agrees to pay TRES PALACIOS all other
applicable fees and charges as set forth in the General Terms and
Conditions and in Rate Schedules IP, IW and IL, as applicable.
3.4. Customer shall reimburse TRES PALACIOS for all applicable
taxes as may be assessed against TRES PALACIOS for the receipt,
injection, storage, withdrawal and/or delivery of Customer's Gas.
In addition, Customer shall reimburse TRES PALACIOS for Customer's
pro rata portion, calculated using the same methodology as that
used to assess the tax, of all ad valorem taxes, property taxes
and/or other similar taxes on Customer's gas in storage assessed
against and paid by TRES PALACIOS.
ARTICLE IV - INCORPORATION OF RATE SCHEDULES AND
TARIFF PROVISIONS
The terms and conditions specified in of TRES PALACIOS' Rate
Schedules IP, IW, and IL and the provisions of TRES PALACIOS' FERC
Gas Tariff as filed with the Federal Energy Regulatory Commission,
together with the General Terms and Conditions applicable thereto
(including any changes in said Rate Schedules, Tariff or General
Terms and Conditions as may from time to time be filed and made
effective by TRES PALACIOS) are hereby incorporated into this
Agreement and made applicable to each term, condition, and
obligation hereof.
ARTICLE V - TERM OF AGREEMENT
This Agreement shall become effective on ______________, _____,
and shall remain in force and effect on a Month to Month basis
unless terminated by either Party upon a least thirty (30) days
prior written notice to the other Party"); provided that this
Agreement shall remain in effect until the expiration of any
transaction(s) executed by the parties pursuant to this Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 240 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
HUB SERVICES AGREEMENT
(Continued)
(For Use Under Rate Schedules IP, IW, and IL)
ARTICLE VI - NOTICES
Except as otherwise provided in the General Terms and Conditions
applicable to this Agreement,
any notice under this Agreement shall be in writing and may be
sent by facsimile transmission or mailed to the post office
address of the Party intended to receive the same, as follows:
TRES PALACIOS: ______________________________
______________________________
______________________________
Attention:____________________
CUSTOMER: _______________________________
NOTICES: _______________________________
_______________________________
_______________________________
_______________________________
Attention: _______________________________
BILLING: _______________________________
_______________________________
_______________________________
_______________________________
Attention: ____________________
or to such other address as either Party shall designate by formal
written notice to the other. In all instances, the Parties shall
use their best efforts to provide notice by facsimile prior to 5
p.m. Eastern Time. Notice received before 5 p.m. Eastern Time
shall be deemed effective the day of receipt. Notice received
after 5 p.m. Eastern Time shall be deemed effective the day
following receipt.
ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS
Any company which shall succeed by purchase, merger or
consolidation to the properties, substantially as an entirety, of
TRES PALACIOS or of Customer, as the case may be, shall be
entitled to the rights and shall be subject to the obligations of
its predecessor in title under this Agreement. Otherwise, no
assignment of the Agreement or any of the rights or obligations
thereunder shall be made by Customer, except pursuant to the
General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 241 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
HUB SERVICES AGREEMENT
(Continued)
(For Use Under Rate Schedules IP, IW, and IL)
It is agreed, however, that the restrictions on assignment
contained in this Article shall not in any way prevent either
Party to the Agreement from pledging or mortgaging its rights
thereunder as security for its indebtedness.
ARTICLE VIII - LAW OF AGREEMENT
THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.
ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES
Unless expressly herein provided, neither Party shall be liable to
the other for indirect, special, consequential, incidental,
punitive or exemplary damages.
ARTICLE X - PRIOR AGREEMENTS CANCELLED
TRES PALACIOS and Customer agree that this Agreement, as of the
date hereof, shall supersede and cancel the following Agreement(s)
between the parties hereto:
Hub Services Agreement dated______________________, _____.
ARTICLE XI - WAREHOUSEMEN'S LIEN
11.1 CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL BE
ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN ON ALL GAS
RECEIVED BY TRES PALACIOS FROM CUSTOMER, AND ALL PROCEEDS THEREOF,
UPON SUCH RECEIPT BY TRES PALACIOS, AS PROVIDED IN SECTION 7-209
OF THE TEXAS UNIFORM COMMERCIAL CODE WITH THE RIGHTS OF
ENFORCEMENT AS PROVIDED THEREIN AND HEREIN. IN NO WAY LIMITING THE
FOREGOING, CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL
BE ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN FOR ALL
CHARGES FOR STORAGE OR TRANSPORTATION (INCLUDING DEMURRAGE AND
TERMINAL CHARGES), INSURANCE, LABOR, OR CHARGES PRESENT OR FUTURE
IN RELATION TO THE RECEIVED GAS, AND FOR EXPENSES NECESSARY FOR
PRESERVATION OF THE RECEIVED GAS OR REASONABLY INCURRED IN THE
SALE THEREOF, PURSUANT TO LAW, AND THAT SUCH LIEN SHALL EXTEND TO
LIKE CHARGES AND EXPENSES IN RELATION TO ALL SUCH RECEIVED GAS.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 242 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
HUB SERVICES AGREEMENT
(Continued)
(For Use Under Rate Schedules IP, IW, and IL)
11.2 IF DEEMED NECESSARY BY A COURT OF LAW, PURSUANT TO SECTION 7-
202(2) OF THE TEXAS UNIFORM COMMERCIAL CODE, SHIPPER HEREBY AGREES
THAT:
(i) THIS AGREEMENT, WITH ALL SCHEDULES AND EXHIBITS HERETO, AND
ALL OF THE MONTHLY STATEMENTS RENDERED BY TRES PALACIOS TO
CUSTOMER PURSUANT TO THE GENERAL TERMS AND CONDITIONS CONTAINED IN
TRES PALACIOS' TARIFF, SHALL BE DEEMED A "WAREHOUSE RECEIPT" FOR
ALL PURPOSES WITH RESPECT TO ARTICLE 7 OF THE TEXAS UNIFORM
COMMERCIAL CODE, REGARDLESS OF WHEN THE GAS STORED PURSUANT TO THE
CONTRACT IS RECEIVED;
(ii) THE LOCATION OF THE WAREHOUSE, TO WHOM THE GAS WILL BE
DELIVERED, RATE OF STORAGE AND HANDLING CHARGES, AND DESCRIPTION
OF THE GOODS ARE AS SET FORTH, RESPECTIVELY, IN THE PREAMBLE OF
THIS AGREEMENT, ARTICLE II OF THIS AGREEMENT, THE MONTHLY INVOICE
(AS DESCRIBED IN SECTION 14.1 OF THE GENERAL TERMS AND CONDITIONS)
AND SECTION 2.16 OF THE GENERAL TERMS AND CONDITIONS;
(iii) THE ISSUE DATE OF THE WAREHOUSE RECEIPT WITH RESPECT TO EACH
RECEIPT OF GAS SHALL BE DEEMED TO BE THE DATE SUCH GAS WAS
RECEIVED,
(iv) THE CONSECUTIVE NUMBER OF THE RECEIPT SHALL BE DEEMED BASED
ON THE DATES OF RECEIPT WHEN LISTED IN CHRONOLOGICAL ORDER,
BEGINNING WITH THE FIRST RECEIPT OF GAS UNDER THE TERMS OF THE
CONTRACT, AND
(v) THE SIGNATURE OF TRES PALACIOS ON THE CONTRACT SHALL BE DEEMED
TO BE THE SIGNATURE OF THE WAREHOUSEMAN.
ARTICLE XII - MISCELLANEOUS
12.1. This Agreement sets forth all understandings and
agreements between the Parties respecting the subject matter
hereof, and all prior agreements, understandings and
representations, whether written or oral, respecting the subject
matter hereof are superseded by this Agreement. No modification
of the terms and provisions of this Agreement shall be made except
by the execution by both Parties of a written agreement.
12.2. No waiver by a Party of any default(s) by the other
Party in the performance of any provision, condition or
requirement of this Agreement shall operate or be construed as a
waiver of any future default(s), whether of a like or of a
different character, nor in any manner release the defaulting
Party from performance of any other provision, condition or
requirement set forth herein.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 243 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
HUB SERVICES AGREEMENT
(Continued)
(For Use Under Rate Schedules IP, IW, and IL)
12.3. If any provision of this Agreement is declared null and
void or voidable by a court of competent jurisdiction, such
declaration shall in no way affect the validity or effectiveness
of the other provisions of this Agreement, which shall remain in
full force and effect, and the Parties shall thereafter use their
commercially reasonable efforts to agree upon an equitable
adjustment of the provisions of this Agreement with a view to
effecting its purpose.
12.4. No presumption shall operate in favor of or against any
Party as a result of any responsibility or role that any Party may
have had in the drafting of this Agreement.
12.5. This Agreement shall not create any rights in third
parties, and no provisions hereof shall be construed as creating
any obligations for the benefit of, or rights in favor of, any
person or entity other than TRES PALACIOS or Customer.
12.6. This Agreement may be executed in counterparts, and all such
executed counterparts shall form part of this Agreement. A
signature delivered by facsimile shall be deemed to be an original
signature for purposes of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed in several counterparts by their proper officers
thereunto duly authorized as of the date first hereinabove
written.
TRES PALACIOS GAS STORAGE LLC
By________________________________________________
Title_____________________________________________
Customer__________________________________________
By________________________________________________
Title_____________________________________________
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 244 : Effective |
| FERC Gas Tariff | | Original Sheet No. 244 |
| First Revised Volume No. 1 |
Exhibit A
to the Hub Services Agreement
between TRES PALACIOS and ______________ (Customer)
Interruptible Wheeling Service Transaction Confirmation
Interruptible Wheeling Service (Rate Schedule IW):
Maximum Daily Wheeling Quantity (MDTQ) _____________ Dth
From: Point of Receipt _____________
To: Point of Delivery _____________
Begin Date __________________________________
End Date __________________________________
Interruptible Wheeling Charge _____________ $/Dth
Fuel Reimbursement _____________
Customer:
Signature:_________________________ Date:____________________
TRES PALACIOS' Approval:
Signature:_________________________ Date:____________________
Note: TRES PALACIOS and Customer may enter into a transaction for
storage or hub services pursuant to the Transaction Confirmation
Procedure set forth at Section 34 of the General Terms and
Conditions of TRES PALACIOS' FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
First Revised Sheet No. 245 : Effective |
| FERC Gas Tariff | | Original Sheet No. 245 |
| First Revised Volume No. 1 |
Exhibit B
to the Hub Services Agreement
between TRES PALACIOS and ______________ (Customer)
(Continued)
Interruptible Parking Service Transaction Confirmation
Interruptible Parking Service (Rate Schedule IP):
Maximum Park Quantity _____________ Dth
Maximum Daily Injection Quantity _____________ Dth
Maximum Daily Withdrawal Quantity _____________ Dth
Begin Date __________________________________
End Date __________________________________
Interruptible Parking Charge _____________ $/Dth
Injection Charge _____________ $/Dth
Withdrawal Charge _____________ $/Dth
Fuel Reimbursement _____________
Customer:
Signature:_________________________ Date:____________________
TRES PALACIOS' Approval:
Signature:_________________________ Date:____________________
Note: TRES PALACIOS and Customer may enter into a transaction for
storage or hub services pursuant to the Transaction Confirmation
Procedure set forth at Section 34 of the General Terms and
Conditions of TRES PALACIOS' FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 245A : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
Exhibit C
to the Hub Services Agreement
between TRES PALACIOS and ______________ (Customer)
(Continued)
Interruptible Loan Service Transaction Confirmation
Interruptible Loan Service (Rate Schedule IL):
Maximum Loan Quantity _____________ Dth
Maximum Daily Injection Quantity _____________ Dth
Maximum Daily Withdrawal Quantity _____________ Dth
Begin Date __________________________________
End Date __________________________________
Interruptible Loan Charge _____________ $/Dth
Injection Charge _____________ $/Dth
Withdrawal Charge _____________ $/Dth
Fuel Reimbursement _____________
Customer:
Signature:_________________________ Date:____________________
TRES PALACIOS' Approval:
Signature:_________________________ Date:____________________
Note: TRES PALACIOS and Customer may enter into a transaction for
storage or hub services pursuant to the Transaction Confirmation
Procedure set forth at Section 34 of the General Terms and
Conditions of TRES PALACIOS' FERC Gas Tariff.
| Issued by: |
| Issue date: |
|
Effective date: 08/11/78 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 246 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
This Capacity Release Umbrella Agreement, made and entered into
this ___ day of _________, ______by and between___________________
, a _______________ (herein called "Replacement Customer"), and
TRES PALACIOS GAS STORAGE LLC, a Delaware limited liability
company herein called "TRES PALACIOS", (each of TRES PALACIOS and
Customer, a "Party," and collectively, the "Parties").
W I T N E S S E T H:
WHEREAS,
NOW, THEREFORE, for and in consideration of the mutual
covenants and promises herein contained, the Replacement Customer
and TRES PALACIOS hereby agree as follows:
ARTICLE I
SCOPE OF AGREEMENT
Subject to the terms, conditions and limitations hereof, so
long as the financial evaluation and credit appraisal requirements
are met in order for Replacement Customer to be on TRES PALACIOS'
approved bidder list for capacity releases and to execute this
Capacity Release Umbrella Agreement pursuant to Section 4 of the
General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff,
and this Capacity Release Umbrella Agreement is effective,
Replacement Customer may bid from time to time on proposed
capacity releases under Rate Schedules FSS, NNSS, FP and FL
pursuant to the procedure set forth in Section 4 of TRES PALACIOS'
General Terms and Conditions. If at any time a bid submitted by
Replacement Customer is accepted by TRES PALACIOS with respect to
a given capacity release, TRES PALACIOS will promptly finalize the
appropriate Addendum to this Capacity Release Umbrella Agreement,
in the format attached hereto. The parties agree that each
Addendum is an integral part of this Capacity Release Umbrella
Agreement as if executed by the parties hereto and fully copied
and set forth herein at length and is binding on the parties
hereto. Upon finalization of such Addendum, Replacement Customer
and TRES PALACIOS agree that Replacement Customer shall be
considered for all purposes as a Customer with respect to the
released service.
Upon the finalization of an Addendum, subject to the terms,
conditions and limitations hereof and of TRES PALACIOS' Rate
Schedules FSS, NNSS, FP and FL, TRES PALACIOS agrees to provide
the released service for Replacement Customer under the applicable
Rate Schedule, provided however, the Replacement Customer shall
have qualified under the financial evaluation and credit appraisal
requirements set forth in Section 3 of TRES PALACIOS' General
Terms and Conditions at the time it submitted the bid TRES
PALACIOS accepted with respect to such release.
Replacement Customer hereby agrees promptly to provide any
information necessary for TRES PALACIOS to reevaluate TRES
PALACIOS' credit appraisal as contemplated by Section 3 of TRES
PALACIOS' General Terms and Conditions and to advise TRES PALACIOS
of any material change in the information previously provided by
the Replacement Customer to TRES PALACIOS.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 247 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
(Continued)
ARTICLE II
TERM OF AGREEMENT
The term of this Capacity Release Umbrella Agreement shall
commence on ________ and shall continue in force and effect
until_______ and ____________to _____________thereafter unless
this Capacity Release Umbrella Agreement is terminated as
hereinafter provided. If TRES PALACIOS determines at any time that
Replacement Customer fails to meet the financial standards or
credit criteria of Section 3 of the General Terms and Conditions,
TRES PALACIOS may terminate this Capacity Release Umbrella
Agreement and all Addenda attached hereto prospectively in
accordance with Section 3 the General Terms and Conditions of TRES
PALACIOS' FERC Gas Tariff.
ARTICLE III
RATE SCHEDULES
This Capacity Release Umbrella Agreement does not have
separate terms and conditions for particular services, but only
provides a means by which a Replacement Customer may utilize a
service subject to the applicable provisions of the relevant
Storage Service Agreement and the terms and conditions for Rate
Schedules FSS, NNSS, FP and FL, by finalization of a copy of an
Addendum attached hereto and fully incorporated herein as a part
of this Capacity Release Umbrella Agreement.
Replacement Customer agrees that TRES PALACIOS shall have
the unilateral right to file with the appropriate regulatory
authority and make changes effective in (a) the rates and charges
applicable to service pursuant to this Capacity Release Umbrella
Agreement (b) the terms and conditions of this Capacity Release
Umbrella Agreement, pursuant to which service hereunder is
rendered or (c) any provision of the General Terms and Conditions
applicable to this Capacity Release Umbrella Agreement. TRES
PALACIOS agrees that the Replacement Customer may protest or
contest the aforementioned filings, and the Replacement Customer
does not waive any rights it may have with respect to such
filings.
ARTICLE IV
ADDRESSES
Except as herein otherwise provided or as provided in the
General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff,
any notice, request, demand, statement, bill or payment provided
for in this Capacity Release Umbrella Agreement, or any notice
which any Party may desire to give to the other, shall be in
writing and shall be considered as duly delivered when mailed by
registered, certified, or regular mail to the post office address
of the parties hereto, as the case may be, as follows:
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 248 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
(Continued)
(a) TRES PALACIOS: ________________________________
________________________________
________________________________
(b) Replacement Customer: ________________________________
________________________________
________________________________
or such other address as either Party shall designate by formal
written notice. In all instances, the Parties shall use their
best efforts to provide notice by facsimile prior to 5 p.m.
Eastern Time. Notice received before 5 p.m. Eastern Time shall be
deemed effective the day of receipt. Notice received after 5 p.m.
Eastern Time shall be deemed effective the day following receipt.
ARTICLE V
INTERPRETATION
THE INTERPRETATION AND PERFORMANCE OF THIS CAPACITY RELEASE
UMBRELLA AGREEMENT SHALL BE IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS, WITHOUT RECOURSE TO THE LAW GOVERNING CONFLICT OF
LAWS.
This Capacity Release Umbrella Agreement and the
obligations of the parties are subject to all present and future
valid laws with respect to the subject matter, either State or
Federal, and to all valid present and future orders, rules, and
regulations of duly constituted authorities having jurisdiction.
ARTICLE VI
RELATIONSHIP BETWEEN REPLACEMENT CUSTOMER
AND RELEASING CUSTOMER
The parties recognize that, pursuant to Commission orders,
Releasing Customer may require that the Replacement Customer agree
that a breach of this Capacity Release Umbrella Agreement,
including a failure to pay, or to pay timely, by Replacement
Customer under this Capacity Release Umbrella Agreement,
constitutes a breach of contract as between Replacement Customer
and Releasing Customer. The existence of such an agreement will
be indicated on the appropriate Addendum to this Capacity Release
Umbrella Agreement. If Replacement Customer fails to pay TRES
PALACIOS, fails to timely pay TRES PALACIOS, or otherwise breaches
this Capacity Release Umbrella Agreement with TRES PALACIOS: (a)
both Replacement Customer and Releasing Customer (except to the
extent otherwise provided in Section 4 of the General Terms and
Conditions and except with respect to penalties attributable to
Replacement Customer's conduct) shall be liable to TRES PALACIOS
for such failure to pay or breach (it being understood that
nothing in this Article VI relieves Releasing Customer from
responsibility to pay TRES PALACIOS in accordance with its Storage
Service Agreements with TRES PALACIOS) and (b) if, as a result of
such breach by Replacement Customer, Releasing Customer is
accordingly required to pay TRES PALACIOS or otherwise perform,
Releasing Customer may have a cause of action for breach against
Replacement Customer.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 249 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
(Continued)
ARTICLE VII
LIMITATION OF REMEDIES, LIABILITY AND DAMAGES
Unless expressly herein provided, neither Party shall be
liable to the other for indirect, special, consequential,
incidental, punitive or exemplary damages.
ARTICLE VIII - MISCELLANEOUS
8.1. This Agreement sets forth all understandings and
agreements between the Parties respecting the subject matter
hereof, and all prior agreements, understandings and
representations, whether written or oral, respecting the subject
matter hereof are superseded by this Agreement. No modification
of the terms and provisions of this Agreement shall be made except
by the execution by both Parties of a written agreement.
8.2. No waiver by a Party of any default(s) by the other
Party in the performance of any provision, condition or
requirement of this Agreement shall operate or be construed as a
waiver of any future default(s), whether of a like or of a
different character, nor in any manner release the defaulting
Party from performance of any other provision, condition or
requirement set forth herein.
8.3. If any provision of this Agreement is declared null and
void or voidable by a court of competent jurisdiction, such
declaration shall in no way affect the validity or effectiveness
of the other provisions of this Agreement, which shall remain in
full force and effect, and the Parties shall thereafter use their
commercially reasonable efforts to agree upon an equitable
adjustment of the provisions of this Agreement with a view to
effecting its purpose.
8.4. No presumption shall operate in favor of or against any
Party as a result of any responsibility or role that any Party may
have had in the drafting of this Agreement.
8.5. This Agreement shall not create any rights in third
parties, and no provisions hereof shall be construed as creating
any obligations for the benefit of, or rights in favor of, any
person or entity other than TRES PALACIOS or Customer.
8.6. This Agreement may be executed in counterparts, and all
such executed counterparts shall form part of this Agreement. A
signature delivered by facsimile shall be deemed to be an original
signature for purposes of this Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 250 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
(Continued)
IN WITNESS WHEREOF, the parties hereto have caused this
Capacity Release Umbrella Agreement to be signed by their
respective Presidents, Vice Presidents or other duly authorized
agents and their respective corporate seals to be hereto affixed
and attested by their respective Secretaries or Assistant
Secretaries, as of the Day and year first above written.
TRES PALACIOS GAS STORAGE LLC
By_______________________________________
Title____________________________________
CUSTOMER_________________________________
By_______________________________________
Title____________________________________
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 251 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
(Continued)
Deal No.: ___________
Addendum Contract No.: ___________
Capacity Release Umbrella Agreement No.: ___________
Addendum No._______
Capacity Release
Rate Schedule______
Replacement Customer:__________________________________________
Releasing Customer: ___________________________________________
Releasing Customer's Contract No.: ____________________________
Begin Date of Release: ________________________________________
End Date of Release: __________________________________________
Rates: [Volumetric or Reservation]
Reservation Charge $_____
Surcharges:
Description Rate
________________________________________________________ $______
________________________________________________________ $______
________________________________________________________ $______
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 252 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
(Continued)
Addendum No._____(Cont.)
Capacity Release
Rate Schedule
Volume Commitment (Dth/Billing Period)
Maximum Storage Quantity (MSQ) (FSS only): ________(Dth)
No-Notice Maximum Daily Quantity (NNSS only): ________(Dth)
Maximum Park Quantity (FP only): ________(Dth)
Maximum Loan Quantity (FL only): ________(Dth)
Maximum Daily Injection Quantity (MDIQ): ________(Dth)
Maximum Daily Withdrawal Quantity (MDWQ): ________(Dth)
Specific Firm Point(s) of Receipt:
M&R# MDRQ Effective From Effective To
Specific Firm Point(s) of Delivery:
M&R# MDDQ Effective From Effective To
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |
| Tres Palacios Gas Storage LLC |
|
Original Sheet No. 253 : Effective |
| FERC Gas Tariff | | |
| First Revised Volume No. 1 |
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
(Continued)
Addendum No.____(Cont.)
Capacity Release
Rate Schedule
Is this capacity subject to right of recall? Yes _____ No_____
Recall Conditions (if applicable):
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Are there any restrictions on released capacity? Yes____ No____
Restrictions (if applicable):
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Were TRES PALACIOS' default bid evaluation criteria used?
Yes _____ No_____
Evaluation Criteria (if applicable):
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Were contingent bids accepted? Yes _____ No_____
Contingency comments (if applicable):
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Other Terms and Conditions of Release: [e.g., restrictions on
release, third-party agent and terms of third-party agency
relationship, and agreements between Replacement Customer and
Releasing Customer]
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
This Addendum, entered into, pursuant to TRES PALACIOS' capacity
release program and to the executed Capacity Release Umbrella
Agreement between TRES PALACIOS and the Replacement Customer, is
hereby made a part of and subject to the aforementioned Capacity
Release Umbrella Agreement.
| Issued by: |
| Issue date: |
|
Effective date: 01/10/34 |