Total Peaking Services, L. L. C.
Original Volume No. 1
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to Master List
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 0 : Effective
Superseding: Original Sheet No. 0
FERC GAS TARIFF
ORIGINAL VOLUME NO. 1
OF
TOTAL PEAKING SERVICES, L.L.C.
FILED WITH THE
FEDERAL ENERGY REGULATORY COMMISSION
Any communications regarding this Tariff should
be addressed to:
Total Peaking Services, L.L.C.
775 Oronoque Road
Milford, Connecticut, 06460
Sheet
Index Table CP96-339-001
Original Sheet No. 1 : Effective
TABLE OF CONTENTS
Contents Sheet No.
Table of Contents 1
Preliminary Statement 4
Map 5
LSV Rate Statement
Firm Liquefaction, Storage, and Vaporization
Service 6
LNG Rate Statement
Firm LNG Storage Service 7
LNG-I Rate Statement
Interruptible LNG Storage Service 8
LSV-I Rate Statement
Interruptible Liquefaction, Storage,
and Vaporization Service 9
Rate Schedule LSV
Firm Liquefaction, Storage,
and Vaporization Service 10
Reserved for Future Use 15-16
Rate Schedule LNG
Firm LNG Storage Service 17
Reserved for Future Use 22-23
Rate Schedule LNG-I
Interruptible LNG Storage Service 24
Reserved for Future Use 29-30
Rate Schedule LSV-I
Interruptible Liquefaction,
Storage, and Vaporization Service 31
Reserved for Future Use 37-38
Sheet
Index Table CP96-339-001
Original Sheet No. 2 : Effective
General Terms and Conditions
1. Application and Duly Constituted Authorities 39
2. Definitions 39
3. Request for Service 43
4. Nomination and Scheduling of Services 51
5. Operating Conditions 57
6. Curtailment and Interruption 62
7. Balancing 64
8. Operational Flow Orders (OFOs) 65
9. Miscellaneous Sales 68
10. Quality 68
11. Measurement 69
12. Billing 73
13. Taxes 76
14. Insurance 76
15. Title and Risk of Loss 77
16. Force Majeure 78
17. Point(s) of Receipt and Point(s) of Delivery 80
18. Pressures 80
19. Notices 81
20. Maximum Daily Volumes 82
Sheet
Index Table RP03-495-000
First Revised Sheet No. 3 : Effective
Superseding: Original Sheet No. 3
TABLE OF CONTENTS
(Continued)
Contents Sheet No.
General Terms and Conditions (Continued)
21. Penalties 82
22. Fuel Reimbursement 82
23. Capacity Release 83
24. Periodic Rate Adjustments and Surcharges 93
25. Right of First Refusal 93
26. Marketing Affiliate Rule
Compliance Procedures 95
27. Removal of Inventory 96
28. Term of Executed Service Agreements 97
29. North American Energy Standards Board 97
Form of Request for Storage Service 99
Form of Service Agreement 102
Sheet
Index Table CP96-339-001
Original Sheet No. 4 : Effective
PRELIMINARY STATEMENT
This Original Volume No. 1 of Total Peaking Services, L.L.C.'s FERC Gas
Tariff contains the Rate Statements, Rate Schedules and General Terms and
Conditions applicable to open access storage services performed by Total
Peaking Services L.L.C., pursuant to Rate Schedules LSV, LNG, LNG-I, and LSV-
I.
Total Peaking Services L.L.C. ("Total Peaking") is a Delaware limited
liability company principally engaged in the business of liquefied natural
gas storage services under authorization granted by, and subject to the
jurisdiction of, the Federal Energy Regulatory Commission. Total Peaking
owns a liquefied natural gas peaking facility in the State of Connecticut.
Total Peaking uses this facilities to provide gas storage services pursuant
to this Tariff.
Sheet
Index Table CP96-339-001
Original Sheet No. 5 : Effective
MAP
Sheet
Index Table CP96-339-001
Original Sheet No. 6 : Effective
LSV RATE STATEMENT
FIRM LIQUEFACTION, STORAGE, AND VAPORIZATION SERVICE
CHARGE $/PER DT PER MONTH
Capacity Reservation Charge: Market-based/negotiable
Space Charge: Market-based/negotiable
Authorized Overrun Charge: Market-based/negotiable
Unauthorized Overrun Charge: Market-based/negotiable
Liquefaction Demand Charge: Market-based/negotiable
Liquefaction Usage Charge: Market-based/negotiable
Authorized Injection Charge: Market-based/negotiable
Vaporization Demand Charge: Market-based/negotiable
Vaporization Usage Charge: Market-based/negotiable
Authorized Withdrawal Charge: Market-based/negotiable
Fuel Reimbursement: Market-based/negotiable
Balancing: Market-based/negotiable
All applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or the Service Agreement, and all
other applicable surcharges, including but not limited to, the GRI and
ACA Charges, shall also be paid by Customer.
Sheet
Index Table CP96-339-001
Original Sheet No. 7 : Effective
LNG RATE STATEMENT
FIRM LNG STORAGE SERVICE
CHARGE $/PER DT PER MONTH
Capacity Reservation Charge: Market-based/negotiable
Space Charge: Market-based/negotiable
Authorized Overrun Charge: Market-based/negotiable
Unauthorized Overrun Charge: Market-based/negotiable
Injection Demand Charge: Market-based/negotiable
Injection Usage Charge: Market-based/negotiable
Authorized Liquefaction Charge: Market-based/negotiable
Withdrawal Demand Charge: Market-based/negotiable
Withdrawal Usage Charge: Market-based/negotiable
Authorized Vaporization Charge: Market-based/negotiable
Fuel Reimbursement: Market-based/negotiable
Balancing: Market-based/negotiable
All applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or the Service Agreement, and all
other applicable surcharges, including but not limited to, the GRI and
ACA Charges, shall also be paid by Customer.
Sheet
Index Table CP96-339-001
Original Sheet No. 8 : Effective
LNG-I RATE STATEMENT
INTERRUPTIBLE LNG STORAGE SERVICE
CHARGE $/PER DT PER MONTH
Monthly Inventory Charge: Market-based/negotiable
Space Charge: Market-based/negotiable
Authorized Overrun Charge: Market-based/negotiable
Unauthorized Overrun Charge: Market-based/negotiable
Injection Charge: Market-based/negotiable
Authorized Liquefaction Charge: Market-based/negotiable
Withdrawal Charge: Market-based/negotiable
Authorized Vaporization Charge: Market-based/negotiable
Fuel Reimbursement: Market-based/negotiable
Balancing: Market-based/negotiable
All applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or the Service Agreement, and
all other applicable surcharges, including but not limited to,
the GRI and ACA Charges, shall also be paid by Customer.
Sheet
Index Table CP96-339-001
Original Sheet No. 9 : Effective
LSV-I RATE STATEMENT
INTERRUPTIBLE LIQUEFACTION,
STORAGE, AND VAPORIZATION SERVICE
CHARGE $/PER DT PER MONTH
Monthly Inventory Charge: Market-based/negotiable
Space Charge: Market-based/negotiable
Authorized Overrun Charge: Market-based/negotiable
Unauthorized Overrun Charge: Market-based/negotiable
Liquefaction Charge: Market-based/negotiable
Authorized Injection Charge: Market-based/negotiable
Vaporization Charge: Market-based/negotiable
Authorized Withdrawal Charge: Market-based/negotiable
Fuel Reimbursement: Market-based/negotiable
Balancing: Market-based/negotiable
All applicable taxes set forth in either the General Terms and
Conditions of this FERC Gas Tariff or the Service Agreement, and
all other applicable surcharges, including but not limited to,
the GRI and ACA Charges, shall also be paid by Customer.
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 10 : Effective
Superseding: Original Sheet No. 10
RATE SCHEDULE LSV
FIRM LIQUEFACTION, STORAGE, AND VAPORIZATION SERVICE
1. AVAILABILITY
This rate schedule is available for the purchase from Total Peaking of
a firm service consisting of the liquefaction of natural gas; the
storage of LNG; the vaporization LNG; and delivery of LNG or Regasified
natural gas to Customer, provided that:
(a) Total Peaking has determined that it has sufficient
available and uncommitted firm storage capacity and
injection and withdrawal capacity to perform service
requested by Customer;
(b) Customer and Total Peaking have executed a firm storage
service agreement under this rate schedule; and
(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 Total Peaking that service
requested hereunder shall not cause a reduction in Total
Peaking's ability to provide other firm services.
(e) Service under this rate schedule may not be available to
the extent that Total Peaking would be required to
construct, modify, expand or acquire any facilities to
enable Total Peaking to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 Applicability
This rate schedule shall apply to natural gas or LNG made
available by Customer to Total Peaking at Total Peaking's
Facilities and nominated for storage under this Rate Schedule up
to the Maximum Contract Storage Capacity (MCSC) set forth in the
Service Agreement and to the subsequent delivery by Total Peaking
of stored LNG to Customer in either liquid or gaseous state,
subject to the availability of capacity, the General Terms and
Conditions and the further provision of the Service Agreement.
Service rendered under this rate schedule shall be firm and shall
not be subject to curtailment or interruption except as provided
in Sections 6 and 16 of the General Terms and Conditions.
Sheet
Index Table CP96-339-001
Original Sheet No. 11 : Effective
RATE SCHEDULE LSV
FIRM LIQUEFACTION, STORAGE, AND VAPORIZATION SERVICE
(Continued)
2. APPLICABILITY AND CHARACTER OF SERVICE (Continued)
2.2 Service rendered under this rate schedule shall consist of the
receipt of natural gas at the Point of Receipt (Gas), the
liquefaction of natural gas up to Customer's Maximum Daily
Liquefaction Volume, the storage of LNG up to Customer's Maximum
Contract Storage Capacity, the vaporization of the LNG up to
Customer's Maximum Daily Vaporization Volume, and the subsequent
delivery as Regasified LNG at the Point of Delivery (Gas), all on
a firm basis.
2.3 Customer may also elect to inject LNG at the Point of Receipt
(LNG) or withdraw LNG at the Point of Delivery (LNG), subject to
availability, this Rate Schedule, and the General Terms and
Conditions; provided, however, that Customer must nominate the
means of receipt or delivery or both, subject to the provision of
section 4 of the General Terms and Conditions.
2.4 Natural gas or LNG may be received, subject to nomination by
Customer and available MCSC. Natural gas or regasified LNG may
be delivered at any time, subject to nomination by Customer and
available LNG in storage ("Storage Volume"). The available
Storage Volume shall be increased, up to the MCSC, by the
Quantity of LNG that Customer transfers into storage in
accordance with Section 5 of the General Terms and Conditions.
The available Storage Volume shall be reduced by Customer's share
of Boil-Off and the LNG that Customer transfers out of Storage in
accordance with Section 5 of the General Terms and Conditions.
2.5 A Customer may obtain liquefaction service over its Maximum Daily
Liquefaction Volume if (i) all firm service customer nominations
for liquefaction have been satisfied and (ii) Customer has
storage capacity available.
2.6 A Customer may obtain injection service if (i) all LNG Customer
nominations have been satisfied, (ii) Customer nominates the
injection service, and (iii) Customer has storage capacity
available.
2.7 A Customer may obtain vaporization service over its Maximum Daily
Vaporization Volume if (i) all firm service customer nominations
for vaporization have been satisfied and (ii) Customer has
sufficient LNG in storage available.
Sheet
Index Table CP96-339-001
Original Sheet No. 12 : Effective
RATE SCHEDULE LSV
FIRM LIQUEFACTION, STORAGE, AND VAPORIZATION SERVICE
(Continued)
2. APPLICABILITY AND CHARACTER OF SERVICE (Continued)
2.8 A Customer may obtain withdrawal service if (i) all LNG Customer
nominations have been satisfied, (ii) Customer nominates the
withdrawal service, and (iii) Customer has sufficient available
LNG in storage.
3. RATES AND FUEL
3.1 The rates for service under this rate schedule shall be market-
based as negotiated between Total Peaking and Customer and shall
include the applicable rate components set forth in the LSV Rate
Statement and as described below:
(a) Capacity Reservation Charge. A monthly charge for
each Dt of Customer's Maximum Contract Storage
Capacity.
(b) Space Charge. A monthly charge for each Dt of
Customer's Storage Volume, as measured by total
receipts of LNG for a particular Month.
(c) Authorized Overrun Charge. A charge for each
authorized Dt of LNG (over Customer's Maximum
Contract Storage Capacity) per day stored during the
month, as measured at the end of each day.
(d) Unauthorized Overrun Charge. A charge for each
unauthorized Dt of LNG (over Customer's Maximum
Contract Storage Capacity) per day stored during the
month, as measured at the end of each day.
(e) Liquefaction Demand Charge. A monthly charge for
each Dt of Customer's Maximum Daily Liquefaction
Volume.
(f) Liquefaction Usage Charge. A charge for each Dt of
Customer's nominated gas actually liquefied at Total
Peaking's Facilities, plus fuel reimbursement.
(g) Authorized Injection Charge. A charge for each Dt
of Customer's nominated LNG received from Customer's
Truck(s) for storage at Total Peaking's Facilities,
provided that all LNG service customer nominations
for injection have been satisfied and that Customer
has storage capacity available.
Sheet
Index Table CP96-339-001
Original Sheet No. 13 : Effective
RATE SCHEDULE LSV
FIRM LIQUEFACTION, STORAGE, AND VAPORIZATION SERVICE
(Continued)
3. RATES AND FUEL (Continued)
(h) Vaporization Demand Charge. A charge for each Dt of
Customer's Maximum Daily Vaporization Volume.
(i) Vaporization Usage Charge. A charge for each Dt gas
vaporized at Total Peaking's Facilities, plus fuel
reimbursement.
(j) Authorized Withdrawal Charge. A charge for each Dt
of Customer's nominated LNG by Customer's Truck(s)
from Total Peaking's Facilities, provided that all
LNG service customer nominations for withdrawal have
been satisfied and that Customer has available LNG
in storage.
(k) Fuel Reimbursement. Total Peaking shall retain from
Customer's quantities delivered for liquefaction and
to be received after vaporization a percentage of
such gas as compensation for fuel and gas otherwise
used, or lost and unaccounted for in Total Peaking's
operations. Accordingly, Customer shall also
deliver or cause to be delivered to Total Peaking
such additional quantities of gas to be retained by
Total Peaking. Such amounts shall be negotiated
between Total Peaking and Customer.
(l) Balancing. If balancing or other charges are
incurred in accordance with the General Terms and
Conditions, then such charges shall also be
applicable.
(m) Regulatory Fees and Charges. Customer shall
reimburse Total Peaking 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.
(n) Taxes. Customer shall reimburse Total Peaking for
all applicable taxes as may be assessed Total
Peaking.
4. GENERAL TERMS AND CONDITIONS
All of the General Terms and Conditions of Total Peaking's FERC Gas
Tariff, as such provisions may be amended from time to time, are hereby
incorporated by reference and made a part of this rate schedule, where
applicable. In the event of any inconsistencies between the General
Terms and Conditions and this Rate Schedule LSV, the terms and
conditions of this Rate Schedule LSV shall control.
Sheet
Index Table CP96-339-001
Original Sheet No. 14 : Effective
RATE SCHEDULE LSV
FIRM LIQUEFACTION, STORAGE, AND VAPORIZATION SERVICE
(Continued)
5. RESERVATIONS
Total Peaking reserves the right from time to time unilaterally to make
any changes to, or to supersede, the rates and charges and other terms
in this Rate Schedule LSV and the other provisions of Total Peaking's
FERC Gas Tariff, and the applicability thereof, including the Form or
Service Agreement hereunder, subject to the provisions of the Natural
Gas Act and the Commission's regulations thereunder.
Sheet
Index Table CP96-339-001
Original Sheet Nos. 15 And 16 : Effective
[SHEET NOS. 15 AND 16 ARE RESERVED FOR FUTURE USE ]
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 17 : Effective
Superseding: Original Sheet No. 17
RATE SCHEDULE LNG
FIRM LNG STORAGE SERVICE
1. AVAILABILITY
This rate schedule is available for the purchase from Total Peaking of
a service consisting of the storage of LNG; and the delivery of LNG to
Customer, provided that:
(a) Total Peaking has determined that it has sufficient
available and uncommitted storage capacity and injection
and withdrawal capacity to perform service requested by
Customer;
(b) Customer and Total Peaking have executed a storage service
agreement under this rate schedule;
(c) Customer accepts responsibility for arranging any
liquefaction and transportation service required for
utilization of the storage service provided under this rate
schedule;
(d) Customer agrees that the LNG delivered to Total Peaking
shall conform to the quality specifications set forth in
Section 10 of the General Terms and Conditions of this FERC
Gas Tariff;
(e) Availability of service under this rate schedule shall be
subject to a determination by Total Peaking that service
requested hereunder shall not cause a reduction in Total
Peaking's ability to provide other firm services; and
(f) Service under this rate schedule may not be available to
the extent that Total Peaking would be required to
construct, modify, expand or acquire any facilities to
enable Total Peaking to perform the requested services.
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 Applicability
This rate schedule shall apply to LNG made available by Customer
to Total Peaking at Total Peaking's Facilities and nominated for
storage under this Rate Schedule up to the Maximum Contract
Storage Capacity (MCSC) set forth in the Service Agreement and to
the subsequent delivery by Total Peaking of stored LNG to
Customer in either liquid or gaseous state, subject to the
availability of capacity, the General Terms and Conditions and
the further provision of the Service Agreement. Service rendered
under this rate schedule shall be firm and shall not be subject
to curtailment or interruption except as provided in Sections 6
and 16 of the General Terms and Conditions.
Sheet
Index Table CP96-339-001
Original Sheet No. 18 : Effective
RATE SCHEDULE LNG
FIRM STORAGE SERVICE
(Continued)
2. APPLICABILITY AND CHARACTER OF SERVICE (Continued)
2.2 Service rendered under this rate schedule shall consist of the
receipt of LNG from Customer's Truck(s) up to Customer's Maximum
Daily Injection Volume at the Point of Receipt (LNG), the storage
of LNG up to Customer's Maximum Contract Storage Capacity, and
the subsequent withdrawal of LNG and delivery to Customer's
Truck(s) up to Customer's Maximum Daily Withdrawal Volume at the
Point of Delivery (LNG), all on a firm basis.
2.3 Customer may also elect to tender natural gas for liquefaction at
the Point of Receipt (Gas) or receive Regasified LNG at the Point
of Delivery (Gas), subject to availability, this Rate Schedule,
and the General Terms and Conditions; provided, however, that
Customer must nominate the means of receipt or delivery or both,
subject to the provision of section 4 of the General Terms and
Conditions.
2.4 LNG or natural gas may be received, subject to nomination by
Customer and available MCSC. LNG or natural gas may be delivered
at any time, subject to nomination by Customer and available
Storage Volume. The available Storage Volume shall be increased,
up to the MCSC, by the Quantity of LNG that Customer transfers
into storage in accordance with Section 5 of the General Terms
and Conditions. The available Storage Volume shall be reduced by
Customer's share of Boil-Off and the LNG that Customer transfers
out of Storage in accordance with Section 5 of the General Terms
and Conditions.
2.5 A Customer may obtain injection service over its Maximum Daily
Injection Volume if (i) all firm service customer nominations for
injection have been satisfied and (ii) Customer has storage
capacity available.
2.6 A Customer may obtain liquefaction service if (i) all LSV
Customer nominations have been satisfied, (ii) Customer nominates
the liquefaction service, and (iii) Customer has storage capacity
available.
2.7 A Customer may obtain withdrawal service over its Maximum Daily
Withdrawal Volume if (i) all firm service customer nominations
for withdrawal have been satisfied and (ii) Customer has
sufficient available LNG in storage.
2.8 A Customer may obtain vaporization service if (i) all LSV
Customer nominations have been satisfied, (ii) Customer nominates
the vaporization service, and (iii) Customer has sufficient
available LNG in storage.
Sheet
Index Table CP96-339-001
Original Sheet No. 19 : Effective
RATE SCHEDULE LNG
FIRM STORAGE SERVICE
(Continued)
3. RATES AND FUEL
The rates for service under this rate schedule shall be market-based as
negotiated between Total Peaking and Customer and shall include the
applicable rate components set forth in the LNG Rate Statement and as
described below:
(a) Capacity Reservation Charge. A monthly charge for
each Dt of Customer's Maximum Contract Storage
Capacity.
(b) Space Charge. A monthly charge for each Dt of
Customer's Storage Volume, as measured by total
receipts of LNG for a particular Month.
(c) Authorized Overrun Charge. A charge for each
authorized Dt of LNG (over Customer's Maximum
Contract Storage Capacity) per day stored during the
month, as measured at the end of each day.
(d) Unauthorized Overrun Charge. A charge for each
unauthorized Dt of LNG (over Customer's Maximum
Contract Storage Capacity) per day stored during the
month, as measured at the end of each day.
(e) Injection Demand Charge. A monthly charge for each
Dt of Customer's Maximum Daily Injection Volume.
(f) Injection Usage Charge. A charge for each Dt of
Customer's nominated LNG received from Customer's
Truck(s) for storage.
(g) Authorized Liquefaction Charge. A charge for each
Dt of Customer's nominated gas to be liquefied at
Total Peaking's Facilities, provided that all LSV
service customer nominations for liquefaction have
been satisfied and that Customer has storage
capacity available, plus fuel reimbursement.
(h) Withdrawal Demand Charge. A charge for each Dt of
Customer's Maximum Daily Withdrawal Volume.
(i) Withdrawal Usage Charge. A charge for each Dt of
nominated LNG Total Peaking delivers from storage to
Customer's Truck(s).
Sheet
Index Table CP96-339-001
Original Sheet No. 20 : Effective
RATE SCHEDULE LNG
FIRM STORAGE SERVICE
(Continued)
3. RATES AND FUEL
(Continued)
(j) Authorized Vaporization Charge. A charge for
quantities of LNG nominated, scheduled and
vaporized, provided that all firm service customer
nominations for vaporization have been satisfied and
that Customer has available LNG in storage, plus
fuel reimbursement.
Sheet
Index Table CP96-339-001
Original Sheet No. 21 : Effective
RATE SCHEDULE LNG
FIRM STORAGE SERVICE
(Continued)
3. RATES AND FUEL (Continued)
(k) Fuel Reimbursement. Total Peaking shall retain from
Customer's quantities delivered for liquefaction and
to be received after vaporization a percentage of
such gas as compensation for fuel and gas otherwise
used, or lost and unaccounted for in Total Peaking's
operations. Accordingly, Customer shall also
deliver or cause to be delivered to Total Peaking
such additional quantities of gas to be retained by
Total Peaking. Such amounts shall be negotiated
between Total Peaking and Customer.
(l) Balancing. If balancing or other charges are
incurred in accordance with the General Terms and
Conditions, then such charges shall also be
applicable.
(m) Regulatory Fees and Charges. Customer shall
reimburse Total Peaking 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.
(n) Taxes. Customer shall reimburse Total Peaking for
all applicable taxes as may be assessed Total
Peaking.
4. GENERAL TERMS AND CONDITIONS
All of the General Terms and Conditions of Total Peaking's FERC Gas
Tariff, as such provisions may be amended from time to time, are hereby
incorporated by reference and made a part of this rate schedule, where
applicable. In the event of any inconsistencies between the General
Terms and Conditions and this Rate Schedule LNG, the terms and
conditions of this Rate Schedule LNG shall control.
5. RESERVATIONS
Total Peaking reserves the right from time to time unilaterally to make
any changes to, or to supersede, the rates and charges and other terms
in this Rate Schedule LNG and the other provisions of Total Peaking's
FERC Gas Tariff, and the applicability thereof, including the Form or
Service Agreement hereunder, subject to the provisions of the Natural
Gas Act and the Commission's regulations thereunder.
Sheet
Index Table CP96-339-001
Original Sheet Nos. 22 And 23 : Effective
[SHEET NOS. 22 AND 23 ARE RESERVED FOR FUTURE USE ]
Sheet
Index Table CP96-339-001
Original Sheet No. 24 : Effective
RATE SCHEDULE LNG-I
INTERRUPTIBLE LNG STORAGE SERVICE
1. AVAILABILITY
This rate schedule is available for the purchase from Total Peaking of
a service consisting of the interruptible storage of LNG; and the
delivery of LNG to Customer, provided that:
(a) Total Peaking has determined that it has sufficient
available and uncommitted storage capacity and
injection and withdrawal capacity to perform service
requested by Customer;
(b) Customer and Total Peaking have executed a storage
service agreement under this rate schedule;
(c) Customer accepts responsibility for arranging any
liquefaction and transportation service required for
utilization of the storage service provided under
this rate schedule;
(d) Interruptible storage service under Rate Schedule
LNG-I shall be available only to the extent that the
storage capacity, receipt, and delivery services
under Rate Schedules LSV and LNG are not required
for such firm storage service. Total Peaking shall
not be required to perform service under Rate
Schedule LNG-I when Customer cannot demonstrate to
Total Peaking's satisfaction that Customer will have
the ability to remove LNG quantities required
pursuant to Section 27 of the General Terms and
Conditions of this tariff.
(e) Customer agrees that the LNG delivered to Total
Peaking shall conform to the quality specifications
set forth in Section 10 of the General Terms and
Conditions of this FERC Gas Tariff;
(f) Availability of service under this rate schedule
shall be subject to a determination by Total Peaking
that service requested hereunder shall not cause a
reduction in Total Peaking's ability to provide firm
services under Rate Schedules LSV and LNG; and
(g) Service under this rate schedule may not be
available to the extent that Total Peaking would be
required to construct, modify, expand or acquire any
facilities to enable Total Peaking to perform the
requested services.
Sheet
Index Table CP96-339-001
Original Sheet No. 25 : Effective
RATE SCHEDULE LNG-I
INTERRUPTIBLE LNG STORAGE SERVICE
(Continued)
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 Applicability
This rate schedule shall apply to LNG made available by Customer
to Total Peaking at Total Peaking's Facilities and nominated for
storage under this Rate Schedule up to the Maximum Contract
Storage Capacity (MCSC) set forth in the Service Agreement and to
the subsequent delivery by Total Peaking of stored LNG to
Customer in either liquid or gaseous, subject to the availability
of capacity, the General Terms and Conditions and the further
provision of the Service Agreement. Service rendered under this
rate schedule shall be interruptible and subject to Sections 6
and 16 of the General Terms and Conditions.
2.2 Service rendered under this rate schedule shall consist of the
receipt of LNG from Customer's Truck(s) up to Customer's Maximum
Daily Injection Volume at the Point of Receipt (LNG), the storage
of LNG up to Customer's Maximum Contract Storage Capacity, and
the subsequent withdrawal of LNG and delivery to Customer's
Truck(s) up to Customer's Maximum Daily Withdrawal Volume at the
Point of Delivery (LNG), all on an interruptible basis.
2.3 Customer may also elect to tender natural gas for liquefaction at
the Point of Receipt (Gas) or receive Regasified LNG at the Point
of Delivery (Gas), subject to availability, this Rate Schedule,
and the General Terms and Conditions; provided, however, that
Customer must nominate the means of receipt or delivery or both,
subject to the provision of section 4 of the General Terms and
Conditions.
2.4 LNG or natural gas may be received, subject to nomination by
Customer and available MCSC. LNG or natural gas may be delivered
at any time, subject to nomination by Customer and available
Storage Volume. The available Storage Volume shall be increased,
up to the MCSC, by the Quantity of LNG that Customer transfers
into storage in accordance with Section 5 of the General Terms
and Conditions. The available Storage Volume shall be reduced by
Customer's share of Boil-Off and the LNG that Customer transfers
out of Storage in accordance with Section 5 of the General Terms
and Conditions.
2.5 A Customer may obtain injection service over its Maximum Daily
Injection Volume if (i) all firm and interruptible service
customer nominations for injection have been satisfied and (ii)
Customer has storage capacity available.
Sheet
Index Table CP96-339-001
Original Sheet No. 26 : Effective
RATE SCHEDULE LNG-I
INTERRUPTIBLE LNG STORAGE SERVICE
(Continued)
2. APPLICABILITY AND CHARACTER OF SERVICE (Continued)
2.6 A Customer may obtain liquefaction service if (i) all LSV, LNG,
and LSV-1 Customer nominations for liquefaction have been
satisfied, (ii) Customer nominates the liquefaction service, and
(iii) Customer has storage capacity available.
2.7 A Customer may obtain withdrawal service over its Maximum Daily
Withdrawal Volume if (i) all firm and interruptible service
customer nominations for withdrawal have been satisfied and (ii)
Customer has sufficient available LNG in storage.
2.8 A Customer may obtain vaporization service if (i) all LSV,
LNG, and LSV-1 Customer nominations for vaporization have been
satisfied, (ii) Customer nominates the vaporization service, and
(iii) Customer has sufficient available LNG in storage.
3. RATES AND FUEL
The rates for service under this rate schedule shall be market-based as
negotiated between Total Peaking and Customer and shall include the
applicable rate components set forth in the LNG-I Rate Statement and as
described below:
(a) Monthly Inventory Charge. A monthly charge equal to
the product of the Inventory Charge per Dt times the
average daily Storage Volume for the Month.
(b) Space Charge. A monthly charge for each Dt of
Customer's Storage Volume, as measured by total
receipts of LNG for a particular Month.
(c) Authorized Overrun Charge. A charge for each
authorized Dt of LNG (over Customer's Maximum
Contract Storage Capacity) per day stored during the
month, as measured at the end of each day.
(d) Unauthorized Overrun Charge. A charge for each
unauthorized Dt of LNG (over Customer's Maximum
Contract Storage Capacity) per day stored during the
month, as measured at the end of each day.
(e) Injection Charge. A charge for each Dt of
Customer's nominated LNG received from Customer's
Truck(s) for storage, plus fuel reimbursement.
Sheet
Index Table CP96-339-001
Original Sheet No. 27 : Effective
RATE SCHEDULE LNG-I
INTERRUPTIBLE LNG STORAGE SERVICE
(Continued)
3. RATES AND FUEL (Continued)
(f) Authorized Liquefaction Charge. A charge for each
Dt of Customer's nominated gas to be liquefied at
Total Peaking's Facilities, provided that all LSV,
LNG, and LSV-1 service customer nominations for
liquefaction have been satisfied and that Customer
has storage capacity available, plus fuel
reimbursement.
(g) Withdrawal Charge. A charge for each Dt of
nominated LNG Total Peaking delivers from storage to
Customer's Truck(s), plus fuel reimbursement.
(h) Authorized Vaporization Charge. A charge for
quantities of LNG nominated, scheduled and
vaporized, provided that all LSV, LNG, and LSV-1
service customer nominations for vaporization have
been satisfied and that Customer has available LNG
in storage, plus fuel reimbursement.
(i) Fuel Reimbursement. Total Peaking shall retain from
Customer's quantities delivered for liquefaction and
to be received after vaporization a percentage of
such gas as compensation for fuel and gas otherwise
used, or lost and unaccounted for in Total Peaking's
operations. Accordingly, Customer shall also
deliver or cause to be delivered to Total Peaking
such additional quantities of gas to be retained by
Total Peaking. Such amounts shall be negotiated
between Total Peaking and Customer.
(j) Balancing. If balancing or other charges are
incurred in accordance with the General Terms and
Conditions, then such charges shall also be
applicable.
(k) Regulatory Fees and Charges. Customer shall
reimburse Total Peaking 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.
(l) Taxes. Customer shall reimburse Total Peaking for
all applicable taxes as may be assessed Total
Peaking.
Sheet
Index Table CP96-339-001
Original Sheet No. 28 : Effective
RATE SCHEDULE LNG-I
INTERRUPTIBLE LNG STORAGE SERVICE
(Continued)
4. GENERAL TERMS AND CONDITIONS
All of the General Terms and Conditions of Total Peaking's FERC Gas
Tariff, as such provisions may be amended from time to time, are hereby
incorporated by reference and made a part of this rate schedule, where
applicable. In the event of any inconsistencies between the General
Terms and Conditions and this Rate Schedule LNG-I, the terms and
conditions of this Rate Schedule LNG shall control.
5. RESERVATIONS
Total Peaking reserves the right from time to time unilaterally to make
any changes to, or to supersede, the rates and charges and other terms
in this Rate Schedule LNG-I and the other provisions of Total Peaking's
FERC Gas Tariff, and the applicability thereof, including the Form or
Service Agreement hereunder, subject to the provisions of the Natural
Gas Act and the Commission's regulations thereunder.
Sheet
Index Table CP96-339-001
Original Sheet Nos. 29 And 30 : Effective
[SHEET NOS. 29 AND 30 ARE RESERVED FOR FUTURE USE ]
Sheet
Index Table CP96-339-001
Original Sheet No. 31 : Effective
RATE SCHEDULE LSV-I
INTERRUPTIBLE LIQUEFACTION,
STORAGE, AND VAPORIZATION SERVICE
1. AVAILABILITY
This rate schedule is available for the purchase from Total Peaking of
an interruptible service consisting of the liquefaction of natural gas;
the storage of LNG; the vaporization LNG; and delivery of LNG or
Regasified natural gas to Customer, provided that:
(a) Total Peaking has determined that it has sufficient
available and uncommitted storage capacity and injection
and withdrawal capacity to perform service requested by
Customer;
(b) Customer and Total Peaking have executed a storage service
agreement under this rate schedule;
(c) Customer accepts responsibility for arranging any injection
and withdrawals (which require the use of trucks) and
transportation service for utilization of the storage
service provided under this rate schedule;
(d) Interruptible storage service under Rate Schedule LSV-1
shall be available only to the extent that the storage
capacity, receipt, and delivery services under Rate
Schedules LSV and LNG are not required for such firm
storage service. Total Peaking shall not be required to
perform service under Rate Schedule LSV-I when Customer
cannot demonstrate to Total Peaking's satisfaction that
Customer will have the ability to remove LNG quantities
required pursuant to Section 27 of the General Terms and
Conditions of this tariff.
(e) Customer agrees that the natural gas and LNG delivered to
Total Peaking shall conform to the quality specifications
set forth in Section 10 of the General Terms and Conditions
of this FERC Gas Tariff;
(f) Availability of service under this rate schedule shall be
subject to a determination by Total Peaking that service
requested hereunder shall not cause a reduction in Total
Peaking's ability to provide firm services under Rate
Schedules LSV and LNG; and
(g) Service under this rate schedule may not be available to
the extent that Total Peaking would be required to
construct, modify, expand or acquire any facilities to
enable Total Peaking to perform the requested services.
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 32 : Effective
Superseding: Original Sheet No. 32
RATE SCHEDULE LSV-I
INTERRUPTIBLE LIQUEFACTION,
STORAGE, AND VAPORIZATION SERVICE
(Continued)
2. APPLICABILITY AND CHARACTER OF SERVICE
2.1 Applicability
This rate schedule shall apply to natural gas or LNG made
available by Customer to Total Peaking at Total Peaking's
Facilities and nominated for storage under this Rate Schedule up
to the Maximum Contract Storage Capacity (MCSC) set forth in the
Service Agreement and to the subsequent delivery by Total Peaking
of stored LNG to Customer in either liquid or gaseous state,
subject to the availability of capacity, the General Terms and
Conditions and the further provision of the Service Agreement.
Service rendered under this rate schedule shall be interruptible
and shall not be subject to curtailment or interruption except as
provided in Sections 6 and 16 of the General Terms and
Conditions.
2.2 Service rendered under this rate schedule shall consist of the
receipt of natural gas at the Point of Receipt (Gas), the
liquefaction of natural gas up to Customer's Maximum Daily
Liquefaction Volume, the storage of LNG up to Customer's Maximum
Contract Storage Capacity, the vaporization of the LNG up to
Customer's Maximum Vaporization Volume, and the subsequent
delivery as Regasified LNG at the Point of Delivery (Gas), all on
an interruptible basis.
2.3 Customer may also elect to inject LNG at the Point of Receipt
(LNG) or withdraw LNG at the Point of Delivery (LNG), subject to
availability, this Rate Schedule, and the General Terms and
Conditions; provided, however, that Customer must nominate the
means of receipt or delivery or both, subject to the provision of
section 4 of the General Terms and Conditions.
2.4 Natural gas or LNG may be received, subject to nomination by
Customer and available MCSC. Natural gas or regasified LNG may
be delivered at any time, subject to nomination by Customer and
available LNG in storage ("Storage Volume"). The available
Storage Volume shall be increased, up to the MCSC, by the
Quantity of LNG that Customer transfers into storage in
accordance with Section 5 of the General Terms and Conditions.
The available Storage Volume shall be reduced by Customer's share
of Boil-Off and the LNG that Customer transfers out of Storage in
accordance with Section 5 of the General Terms and Conditions.
2.5 A Customer may obtain liquefaction service over its Maximum Daily
Liquefaction Volume if (i) all LSV, LNG, and LSV-I service
customer nominations for liquefaction have been satisfied and
(ii) Customer has storage capacity available.
Sheet
Index Table CP96-339-001
Original Sheet No. 33 : Effective
RATE SCHEDULE LSV-I
INTERRUPTIBLE LIQUEFACTION,
STORAGE, AND VAPORIZATION SERVICE
(Continued)
2. APPLICABILITY AND CHARACTER OF SERVICE (Continued)
2.6 A Customer may obtain injection service if (i) all LNG, LSV, and
LNG-I Customer nominations for injection have been satisfied,
(ii) Customer nominates the liquefaction service, and (iii)
Customer has storage capacity available.
2.7 A Customer may obtain vaporization service over its Maximum Daily
Vaporization Volume if (i) all LSV, LNG, and LSV-I customer
nominations for vaporization have been satisfied and (ii)
Customer has sufficient available LNG in storage.
2.8 A Customer may obtain withdrawal service if (i) all LNG, LSV, and
LNG-I Customer nominations for withdrawal have been satisfied,
(ii) Customer nominates the withdrawal service, and (iii)
Customer has sufficient available LNG in storage.
3. RATES AND FUEL
3.1 The rates for service under this rate schedule shall be market-
based as negotiated between Total Peaking and Customer and shall
include the applicable rate components set forth in the LSV-1
Rate Statement and as described below:
(a) Monthly Inventory Charge. A monthly charge equal to
the product of the Inventory Charge per Dt times the
average daily Storage Volume for the Month.
(b) Space Charge. A monthly charge for each Dt of
Customer's Storage Volume, as measured by total
receipts of LNG for a particular Month.
(c) Authorized Overrun Charge. A charge for each
authorized Dt of LNG (over Customer's Maximum
Contract Storage Capacity) per day stored during the
month, as measured at the end of each day.
(d) Unauthorized Overrun Charge. A charge for each
unauthorized Dt of LNG (over Customer's Maximum
Contract Storage Capacity) per day stored during the
month, as measured at the end of each day.
(f) Liquefaction Charge. A charge for each Dt of
Customer's gas received and liquefied for storage,
plus fuel reimbursement.
Sheet
Index Table CP96-339-001
Original Sheet No. 34 : Effective
RATE SCHEDULE LSV-I
INTERRUPTIBLE LIQUEFACTION,
STORAGE, AND VAPORIZATION SERVICE
(Continued)
3. RATES AND FUEL
(Continued)
(g) A charge for each Dt of Customer's nominated LNG
received from Customer's Truck(s) for storage, plus
fuel reimbursement, provided that all LSV, LNG, and
LNG-I service customer nominations for injection
have been satisfied and that Customer has storage
capacity available, plus fuel reimbursement.
Sheet
Index Table CP96-339-001
Original Sheet No. 35 : Effective
RATE SCHEDULE LSV-I
INTERRUPTIBLE LIQUEFACTION,
STORAGE, AND VAPORIZATION SERVICE
(Continued)
3. RATES AND FUEL (Continued)
(h) Vaporization Charge. A charge for quantities of LNG
nominated, scheduled and vaporized, plus fuel
reimbursement.
(i) Authorized Withdrawal Charge. A charge for each Dt
of nominated LNG Total Peaking delivers from storage
to Customer's Truck(s), plus fuel reimbursement,
provided that all LNG, LSV, and LNG-I service
customer nominations for vaporization have been
satisfied and that Customer has available LNG in
storage.
(j) Fuel Reimbursement. Total Peaking shall retain from
Customer's quantities delivered for liquefaction and
to be received after vaporization a percentage of
such gas as compensation for fuel and gas otherwise
used, or lost and unaccounted for in Total Peaking's
operations. Accordingly, Customer shall also
deliver or cause to be delivered to Total Peaking
such additional quantities of gas to be retained by
Total Peaking. Such amounts shall be negotiated
between Total Peaking and Customer.
(k) Balancing. If balancing or other charges are
incurred in accordance with the General Terms and
Conditions, then such charges shall also be
applicable.
(l) Regulatory Fees and Charges. Customer shall
reimburse Total Peaking 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.
(m) Taxes. Customer shall reimburse Total Peaking for
all applicable taxes as may be assessed Total
Peaking.
4. GENERAL TERMS AND CONDITIONS
All of the General Terms and Conditions of Total Peaking's FERC Gas
Tariff, as such provisions may be amended from time to time, are hereby
incorporated by reference and made a part of this rate schedule, where
applicable. In the event of any inconsistencies between the General
Terms and Conditions and this Rate Schedule LSV-1, the terms and
conditions of this Rate Schedule LSV-1 shall control.
Sheet
Index Table CP96-339-001
Original Sheet No. 36 : Effective
RATE SCHEDULE LSV-I
INTERRUPTIBLE LIQUEFACTION,
STORAGE, AND VAPORIZATION SERVICE
(Continued)
5. RESERVATIONS
Total Peaking reserves the right from time to time unilaterally to make
any changes to, or to supersede, the rates and charges and other terms
in this Rate Schedule LSV-1 and the other provisions of Total Peaking's
FERC Gas Tariff, and the applicability thereof, including the Form or
Service Agreement hereunder, subject to the provisions of the Natural
Gas Act and the Commission's regulations thereunder.
Sheet
Index Table CP96-339-001
Original Sheet Nos. 37 And 38 : Effective
[SHEET NOS. 37 AND 38 ARE RESERVED FOR FUTURE USE ]
Sheet
Index Table RP03-495-000
First Revised Sheet No. 39 : Effective
Superseding: Original Sheet No. 39
GENERAL TERMS AND CONDITIONS
(Continued)
1. APPLICATION AND DULY CONSTITUTED AUTHORITIES
1.1 The following General Terms and Conditions apply to all services
rendered by Total Peaking under its rate schedules on file with
and subject to the jurisdiction of the Federal Energy Regulatory
Commission.
1.2 The rate schedules of Total Peaking, these General Terms and
Conditions, and the respective obligations of the parties under
the service agreements, are subject to valid laws, orders, rules
and regulations of duly constituted authorities having
jurisdiction.
1.3 Customer shall furnish Total Peaking information, satisfactory to
Total Peaking, to enable Total Peaking to comply with any reports
required by state or federal government and agencies.
2. DEFINITIONS
The following terms and abbreviations, when used herein or in any
agreement incorporating these General Terms and Conditions shall have
the following meaning:
2.1 "British Thermal Unit" (Btu) - The amount 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, dry).
2.2 "Boil-Off" gas shall mean low pressure Gas (i) boiling off from
Total Peaking's storage tank and other facilities, (ii) flashing
from the liquid phase to the gaseous phase during loading and
unloading of Customer's LNG, and (iii) boiling off during
regasification.
2.3 "Business Day" - Consistent with NAESB Standard 3.2.1, the term
"Business Day" is defined as Monday through Friday, excluding
Federal Banking Holidays for transactions in the U.S., and similar
holidays for transactions occurring in Canada and Mexico.
Sheet
Index Table CP96-339-001
Original Sheet No. 40 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
2. DEFINITIONS (Continued)
2.4 "Contract Year" - A period of three hundred sixty-five (365)
consecutive days beginning on the date of initial delivery of
natural gas under the contract, or on any anniversary thereof;
provided, however, that any such year which contains a date of
February 29th shall consist of three hundred sixty-six (366)
consecutive days.
2.5 Critical Notices - Information pertaining to Total Peaking
conditions that affect scheduling or adversely affect scheduled
gas flow.
2.6 "Cubic Foot" - The volume of gas which occupies one cubic foot of
space at a temperature of 60 degrees Fahrenheit, a pressure of
14.73 psia, and dry.
2.7 "Customer" - Any person, company or agency that has executed a
service agreement with Total Peaking under one or more of Total
Peaking's rate schedules.
2.8 "Customer's Truck" shall mean truck(s) and trailer equipment
under the control of Customer or persons designated by Customer
and certified by the Department of Transportation to transport
LNG.
2.9 "Day" - A period of 24 consecutive hours beginning and ending at
9:00 A.M., Central Clock Time.
2.10 "Dekatherm" (dt) or "MMBtu" - shall mean one thousand cubic feet
of Gas (Mcf) with a heat content of 1,000 Btu per cubic foot on
a measurement basis specified under Section 11 herein and based
on the same pressure base as the volumes.
2.11 "Facilities" shall mean the land, facilities and rights belong to
Total Peaking at Milford, Connecticut for the receipt of LNG and
gas, liquefaction, storage, regasification, and delivery of LNG
and Regasified LNG.
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 41 : Effective
Superseding: Original Sheet No. 41
GENERAL TERMS AND CONDITIONS
(Continued)
2. DEFINITIONS (Continued)
2.12 "FERC" or "Commission" - The Federal Energy Regulatory Commission
or any successor agency.
2.13 "Fuel Reimbursement" - Shall have the meaning set forth in
Section 22 of the General Terms & Conditions of this tariff.
2.14 "Gross Heating Value" - Gross Heating Value on a dry basis which
is the number of British thermal units produced by the complete
combustion at constant pressure of the amount of dry gas which
would occupy a volume of one cubic foot at 14.73 Psia and 60
degrees F with combustion air at the same temperature and
pressure as the gas, the products of combustion being cooled to
the initial temperature of the gas and air and the water formed
by combustion condensed to the liquid state.
2.14A "IWS" - Total Peaking's Internet Web Site for the purpose of
posting public informaton.
2.15 "LNG" - Liquefied natural gas.
2.16 "Maximum Contract Storage Capacity" shall be the maximum quantity
of LNG which Total Peaking is obligated to store for Customer's
account at any time.
2.17 "Maximum Daily Injection Volume" shall be the maximum quantity of
LNG that Total Peaking is obligated to receive for storage from
Customer's Truck(s) on any day, but does not include any
additional quantities of gas to be retained by Total Peaking for
fuel and gas otherwise used, or lost and unaccounted for in its
operation.
2.18 "Maximum Daily Liquefaction Volume" shall be the maximum quantity
of gas that Total Peaking is obligated to liquefy for Customer on
any day, but does not include any additional quantities of gas to
be retained by Total Peaking for fuel and gas otherwise used, or
lost and unaccounted for in its operation.
2.19 "Maximum Daily Vaporization Volume" shall be the maximum quantity
of gas that Total Peaking is obligated to vaporize for Customer
on any day, but does not include any additional quantities of gas
to be retained by Total Peaking for fuel and gas otherwise used,
or lost and unaccounted for in its operation.
Sheet
Index Table CP96-339-001
Original Sheet No. 42 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
2. DEFINITIONS (Continued)
2.20 "Maximum Daily Withdrawal Volume" shall be the maximum quantity
of LNG that Total Peaking is obligated to deliver from storage to
Customer's Truck(s) on any day, but does not include any
additional quantities of gas to be retained by Total Peaking for
fuel and gas otherwise used, or lost and unaccounted for in its
operation.
2.21 "Mcf" - 1,000 cubic feet of gas.
2.22 "Month" - A period beginning at 9:00 A.M., Central Clock Time, on
the first day of the calendar month and shall end at the
aforesaid time on the first day of the next succeeding calendar
month.
2.23 "Natural Gas" or "Gas" - Natural gas processed or unprocessed,
vaporized liquid natural gas, synthetic gas, gas from coal seams
or any mixture of these gases.
2.24 "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 Total
Peaking's system or to maintain operations required to provide
efficient and reliable service. Whenever Total Peaking
experiences these conditions, any pertinent order will be
referred to as an Operational Flow Order.
2.25 "Point of Delivery" - The point or points at which Total Peaking
delivers gas from its facilities to Customers or for the account
of Customer; each Point of Delivery shall be set forth in the
service agreement(s) with Customer.
2.26 "Point of Receipt" - The point or points at which Total Peaking
receives gas into its facilities from or for the account of
Customer; each Point of Receipt shall be set forth in the service
agreement(s) with Customers.
2.27 "Quantity" or "Quantities" or "Volume" or "Volumes" shall mean
the number of units of Gas or LNG expressed in dt or MMBtu.
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 43 : Effective
Superseding: Original Sheet No. 43
GENERAL TERMS AND CONDITIONS
(Continued)
2. DEFINITIONS (Continued)
2.28 "Regasified LNG" shall mean LNG which as been converted from its
liquid state to a gaseous state by mechanical vaporization
process.
2.29 "Releasing Customer" - A Customer who has agreed to release some
or all of its rights under its firm service agreement.
2.30 "Replacement Customer" - A Customer who has assumed any released
rights to capacity of a Releasing Customer.
2.31 "Storage Volume" shall be the quantity of LNG in storage for
Customer's account at any particular time.
2.32 "Total Peaking" - Total Peaking Services, L.L.C.
2.33 "Transporter" - Customer's transporter designated to deliver the
gas via pipeline to the Point of Receipt or Customer's
transporter designated to receive gas from the Point of Delivery.
3. REQUEST FOR SERVICE
3.1 Requests. Any potential customer wishing to obtain service from
Total Peaking shall submit in writing to Total Peaking a request
for service in substantially the same format as that show in the
Form of Request for Storage Service found in this tariff. Such
request may be delivered in person or submitted by United States
mail, overnight courier service, or facsimile transmission (fax).
Total Peaking shall evaluate and respond to potential customer's
request within five Business Days of its receipt. If Total
Peaking and potential customer mutually agree to the rates
potential customer will pay for service, Total Peaking shall,
subject to execution of a service agreement, endeavor to provide
service within the time specified in the written request.
Potential customer's request for service shall be considered
complete only if the information specified in the Form of Request
for Storage Service is provided in writing.
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 44 : Effective
Superseding: Substitute Original Sheet No. 44
GENERAL TERMS AND CONDITIONS
(Continued)
3. REQUEST FOR SERVICE (Continued)
3.1 Requests (Continued)
Requests for service may be sent to:
Operating Manager
Total Peaking Services, L.L.C.
775 Oronoque Road
Milford, Connecticut 06460
3.2 Information Requirements. Each request shall include the
following information:
(a) Potential customer's name, address, representative
and telephone number.
(b) A statement of whether the potential customer is a
local natural gas distribution company (LDC), an
intrastate pipeline company, an interstate pipeline
company, marketer/broker, producer, end user or
other type of entity (which other entity must be
described).
(c) Type of service requested.
(d) Quantity in Dt/day requested for
(i) liquefaction and vaporization or
(ii) injection and withdrawal.
(e) Price offered by potential 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.
Sheet
Index Table CP96-339-001
Original Sheet No. 45 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
3. REQUEST FOR SERVICE (Continued)
3.2 Information Requirements (Continued)
(g) Evidence of credit worthiness. Total Peaking shall
not be required to provide service to any potential
customer who fails to meet Total Peaking's standards
for credit worthiness. In this regard Total Peaking
may require that potential customer provide the
following information:
(i) Last two fiscal years financial statements (to
include detailed balance sheets, profit and
loss statements and statements of cash flow
with explanatory footnotes), 10-K reports or
other filings with regulatory agencies with
detailed financial statements.
(ii) Copy of corporate charter or partnership
agreement if legal entity has not provided
credit information for Dun and Bradstreet
reporting.
(iii) A bank reference and at least three trade
references.
(iv) A written attestation from potential customer
that it is not operating under any chapter of
the bankruptcy laws and must not be subject to
liquidation or debt reduction procedures under
state laws.
(v) A written attestation from potential customer
that it is not subject to the uncertainty of
pending liquidation or regulatory proceedings
in state or federal courts which could cause a
substantial deterioration in its financial
condition.
Sheet
Index Table CP96-339-001
Original Sheet No. 46 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
3. REQUEST FOR SERVICE (Continued)
3.2 Information Requirements (Continued)
(vi) A written attestation from potential customer
that no significant collection lawsuits or
judgments are outstanding which would
seriously reflect upon the business entity's
ability to remain solvent.
(vii) If potential customer has an ongoing business
relationship with Total Peaking, no
uncontested delinquent balances should be
outstanding for services previously billed by
Total Peaking and potential customer must have
paid its account during the past according to
the established terms and not made deductions
or withheld payment for claims not authorized
by contract.
(viii) Total Peaking reserves the right to
request updated credit information at any time
if Total Peaking is not reasonably satisfied
with Customer's credit worthiness or ability
to pay based on information available to Total
Peaking at that time.
(h) Prepayment. To be considered valid, a request for
firm service, other than capacity release pursuant
to Section 23, must be accompanied by payment of the
lesser of (1) the applicable negotiated rate for one
Month or (2) $10,000. Such payment must be made by
Customer to Total Peaking. This payment plus the
interest accrued from the date payment is received
until the date service commences shall be used to
offset Customer's monthly bill. If Customer's
request expires, is withdrawn, or Total Peaking
declines to tender a Service Agreement, Total
Peaking shall refund Customer's payment plus the
accrued interest from the date payment is received
until the refund is sent to Customer. For purposes
of this section, accrued interest shall be computed
in a manner consistent with Section 154.501(d) of
the Commission's Regulations.
Sheet
Index Table CP96-339-001
Original Sheet No. 47 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
3. REQUEST FOR SERVICE (Continued)
3.3 Additional Information
(a) Customer shall also promptly provide such additional
Customer credit information as may be reasonably
required by Total Peaking, at any time during the
term of service under a service agreement, to
determine Customer's creditworthiness.
(b) After receipt of request for service, Total Peaking
may require that Customer furnish additional
information as a prerequisite to Total Peaking
offering to execute a service agreement with
Customer. Such information may include proof of
Customer's lawful right and/or title to cause the
gas to be delivered to Total Peaking for service
under this FERC Gas Tariff and of Customer's
contractual or physical ability to cause such gas to
be delivered to and received from Total Peaking.
3.4 Evaluation of Service Request
Total Peaking will accept requests for firm storage from
potential customers. Available capacity will be allocated to
those customers offering to pay the highest rates. Specifically,
capacity will be allocated to those customers offering to pay the
highest net present value per dekatherm basis. Net present value
shall be determined using the following formula:
n t
NPV = SUM1 Pt (1/(1+i))
Sheet
Index Table CP96-339-001
Original Sheet No. 48 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
3. REQUEST FOR SERVICE (Continued)
3.4 Evaluation of Service Request (Continued)
where:
Pt is the sum of the projected payments in year for
liquefaction, storage, and vaporization services
based upon the estimated firm rates for service and
the quantity of requested service;
n is the number of years of requested service; and
i is the annual interest rate on five year U.S.
Government Treasury notes at the time of evaluation.
If two or more submitted bids have the same NPV, and there is
insufficient capacity for all bids, capacity will be allocated on
a pro rata basis.
3.5 Execution of Service Agreement. If Customer's request for
service and credit evaluation comply with these General Terms and
Conditions, and Total Peaking accepts Customer's request for
service, Total Peaking will tender a service agreement to
Customer. In the event the service agreement is not executed by
Customer and returned within ten days after Total Peaking
tendered the service agreement, Total Peaking shall consider the
request for service invalid and the service agreement shall be
void. Total Peaking will not be required to tender an agreement
to Customer for execution that relates to requests for service
for which Total Peaking does not have sufficient available
capacity.
3.6 Customer's Performance. Customer is required to provide to Total
Peaking (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 Total Peaking to comply with any FERC reporting or
other requirements.
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 49 : Effective
Superseding: Substitute Original Sheet No. 49
GENERAL TERMS AND CONDITIONS
(Continued)
3. REQUEST FOR SERVICE (Continued)
3.7 Complaints. In the event that a Customer or potential Customer
has a complaint relative to service under this FERC Gas Tariff,
the Customer shall provide a description of the complaint, in
writing, including the identification of the service request (if
applicable), and communicate it to:
Operating Manager
Total Peaking Services, L.L.C.
775 Oronoque Road
Milford, Connecticut 06460
Total Peaking will verbally respond initially within two (2)
Business Days from the day of receipt of a complaint. Total
Peaking shall respond in writing within 30 days of receipt of the
complaint advising Customer or a potential Customer of the
disposition of the complaint.
3.8 Information
(a) Any person may request information on pricing, terms
of liquefaction, storage, vaporization or other
peaking service or capacity availability by
contacting Total Peaking at the following:
Operating Manager
Total Peaking Services, L.L.C.
775 Oronoque Road
Milford, Connecticut 06460
(b) Each Customer will be provided with a list of phone
numbers for Total Peaking's dispatch and control
personnel, who are on-call 24 hours a Day.
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 50 : Effective
Superseding: Original Sheet No. 50
GENERAL TERMS AND CONDITIONS
(Continued)
3. REQUEST FOR SERVICE (Continued)
3.9 Internet Web Site
(a) Total Peaking shall disseminate service information and
post information necessary to effectuate the release and
reassignment of capacity by means of an Internet Web Site
that will be updated. This Internet Web Site, referred
to herein as Total Peaking's "Internet Web Site" ("IWS"),
shall be available on a nondiscriminatory basis to any
customer or potential customer. Total Peaking shall
provide equal and timely access to any information posted
on the IWS. Total Peaking will provide all information
required to be posted thereon under regulations of the
FERC, together with such additional information as Total
Peaking considers appropriate.
(b) Total Peaking will provide the public with the following
information on its IWS: (1) information regarding capacity
available on Total Peaking's system; (2) information
regarding released capacity available from firm shippers
(if any); (3) information regarding service interruptions
due to force majeure and related capacity constraints; and
(4) names and telephone numbers of Total Peaking's
employees to contact in an emergency. In addition, Total
Peaking's IWS will provide reports on firm and interruptible
service, an index of customers, available capacity, semi-
annual storage reports and information on the corporate
organizational structure and marketing affiliate of Total
Peaking.
(c) A current copy of Total Peaking's FERC Gas Tariff shall be
available on a non-discriminatory basis to any shipper or
potential shipper from the IWS.
(d) Users of Total Peaking's IWS agree to indemnify Total
Peaking and hold Total Peaking harmless against any loss,
liability, or expense (including without limitation, court
costs and attorneys fees) incurred or suffered by the user
as the result of its use of Total Peaking's IWS, except for
losses, damages, or expenses caused solely by Total
Peaking's own negligence or willful misconduct.
(e) Total Peaking shall store for three years a copy of the
information posted on the IWS.
3.10 Construction of Facilities. Total Peaking shall not be required
to provide any requested service under any rate schedule which
would require construction or acquisition by Total Peaking of new
facilities or expansion of existing facilities.
Sheet
Index Table CP96-339-001
Original Sheet No. 51 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
4. NOMINATION AND SCHEDULING OF SERVICES
Service shall be provided only after Customer has furnished or caused
to be furnished to Total Peaking a nomination for such service in
accordance with Sections 4.1, 4.2, and 4.3 and Total Peaking has
scheduled the service in accordance with Sections 4.5, 4.6, and 4.7.
4.1 Contents of Nominations
Each nomination shall show the Customer's contract number and the
information required below concerning the Quantities of LNG to be
received, and stored and the LNG or Regasified LNG to be
delivered by Total Peaking.
(a) Information Required for All Nominations
(1) The Day(s) the natural gas or LNG is to be
received;
(2) The Quantities of natural gas or LNG to be
received;
(3) The estimated composition and heat content of
the natural gas or LNG;
(4) The source of the natural gas or LNG;
(5) The estimated pressure of the natural gas on
arrival at Total Peaking's Facilities;
(6) The estimated saturated pressure and
temperature of the LNG on arrival at Total
Peaking's Facilities;
(7) A delivery schedule, including Quantities and
dates of delivery, which shall comply with the
cycling requirement of Section 5.4(c) herein;
and
(8) Means of Receipt and Delivery.
Sheet
Index Table CP96-339-001
Original Sheet No. 52 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
4. NOMINATION AND SCHEDULING OF SERVICES (Continued)
4.1 Contents of Nominations (Continued)
(b) Additional Information Required for Particular Means
of Receipt and Delivery
(1) If the LNG is to be received from, or
delivered to Customer's Truck(s), the
nomination shall:
(A) State the tractor height, trailer
height, and anticipated empty and gross
weights;
(B) Provide proof that Customer's Truck is
certified by the Department of
Transportation to transport LNG; and
(C) State whether the Customer's Truck(s)
will require cooldown prior to delivery
of LNG.
(2) If the Total Peaking is to receive natural gas
or deliver Regasified LNG, the nomination
shall provide:
(A) The Quantity of Gas to be received or
delivered, net of the Quantity to be
retained by Total Peaking for Fuel
Reimbursement; and
(B) The Points of Receipt and Delivery.
(c) Nominations shall conform to the means of receipt or
delivery specified in the Service Agreement;
provided, however, that Total Peaking may accept
nominations that deviate from such means as
operating conditions permit and without detrimental
impact to other Customers and upon confirmation that
satisfactory arrangements for delivery have been
made.
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 53 : Effective
Superseding: Substitute Original Sheet No. 53
GENERAL TERMS AND CONDITIONS
(Continued)
4. NOMINATION AND SCHEDULING OF SERVICES (Continued)
4.1 Contents of Nominations (Continued)
(d) By submitting a nomination Customer represents and
warrants that it has obtained all necessary
regulatory approvals to deliver LNG to Total
Peaking's Facilities and that valid contractual
arrangements are in place by which the LNG will be
transported to the Facilities and LNG or Regasified
LNG will be transported from the Facilities. Total
Peaking shall be allowed to rely conclusively on the
information submitted as part of the nomination in
confirming the nomination and scheduling the
service.
4.2 Means By Which Nominations Are To Be Submitted
(a) Notices provided under this Section 4 must be
submitted in writing via fax or electronic means.
Customer shall provide notice of any changes in
deliveries to or receipt from Total Peaking to all
transporters and shall be responsible for and shall
hold Total Peaking harmless from any and all
liabilities and expense resulting from any such
changes, unless the added expense is due to the
negligence of Total Peaking.
Nominations may be submitted in writing to:
Gas Dispatcher
Total Peaking Services, L.L.C.
775 Oronoque Road
Milford, Connecticut 06460
Facsimile Number: 203-874-5281
(b) Customer may give written notice at any time to
change the designation of the person to provide the
nomination information set forth in this Section to
Total Peaking. If Customer designates another
person to provide this information, Total Peaking
shall be entitled to rely on the nominations
previously provided by Customer's designee.
Sheet
Index Table RP03-495-000
First Revised Sheet No. 54 : Effective
Superseding: Original Sheet No. 54
GENERAL TERMS AND CONDITIONS
(Continued)
4. NOMINATION AND SCHEDULING OF SERVICES (Continued)
4.3 Time For Submission of Nominations
(a) Nominations for storage service to be provided
during the Month shall be submitted by the last Day
of the preceding Month (the Nomination Date). If
Customer fails to provide a nomination by the
Nomination Date, Total Peaking may deem Customer's
nomination to be zero unless Customer has previously
provided Total Peaking a default nomination for such
Month or a late nomination is accepted in accordance
with Section 4.3(b).
(b) The standard nominations timeline shall be as
follows: 11:30 am for nominations leaving control of
the nominating party; 11:45 am for receipt of
nominations by Total Peaking (including from Title Transfer
Tracking Service Providers (TTTSPs); noon for quick
response; 3:30 pm for receipt of completed
confirmations by Total Peaking from upstream and
downstream connected parties; 4:30 pm for receipt of
scheduled quantities by Customer and point operator
(central clock time on the day prior to flow).
(c) The Evening Nomination Cycle shall be as follows: 6:00 pm
for nominations leaving control of the nominating party;
6:15 pm for receipt of nominations by the transporter
(including from TTTSPs); 6:30 pm to send Quick Response;
9:00 pm for receipt of completed confirmations by
transporter from upstream and downstream connected parties;
10:00 pm for Transportation Service Provider to provide
scheduled quantities to affected shippers 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 that does not cause another
Service Requester on the subject Transportation Service
Provider to receive notice that it is being bumped should
be effective at 9:00 a.m. on gas day; and when an Evening
Nomination causes another Service Requester on the subject
Transportation Service Provider to receive notice that it
is being bumped, the scheduled quantities should be
effective at 9:00 a.m. on gas day.
Sheet
Index Table RP03-495-000
Original Sheet No. 54A : Effective
(d) The Intraday 1 Nomination Cycle: 10:00 am for nominations
leaving control of the nominating party; 10:15 am for
receipt of nominations by the transporter (including from
TTTSPs); 10:30 am to send Quick Response; 1:00 pm for receipt
of completed confirmations by transporter from upstream and
downstream connected parties; 2:00 pm for Transportation
Service Provider to provide scheduled quantities to affected
shippers and point operators, and to provide scheduled
quantities to bumped parties (notice to bumped parties),
(central clock time on the gas day). Scheduled quantities
resulting from Intraday 1 Nominations should be effective
at 5:00 pm on gas day.
(e) The Intraday 2 Nomination Cycle: 5:00 pm for nominations
leaving control of the nominating party; 5:15 pm for receipt
of nominations by the transporter (including from TTTSPs);
5:30 pm to send Quick Response; 8:00 pm for receipt of
completed confirmations by transporter from upstream and
downstream connected parties; 9:00 pm for Transportation
Service Provider to provide scheduled quantities to affected
shippers and point operators (central clock time on the gas
day). Scheduled quantities resulting from Intraday 2
Nominations should be effective at 9:00 pm. on gas day.
Bumping is not allowed during the Intraday 2 Nomination
Cycle.
(f) For purposes of paragraphs (c) (d) and (e) of this section,
"provide" shall mean, for transmittals pursuant to standards
1.4.x, receipt at the designated site, and for purposes of
other forms of transmittal, it shall mean send or post.
Sheet
Index Table CP96-339-001
Original Sheet No. 55 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
4. NOMINATION AND SCHEDULING OF SERVICES (Continued)
4.3 Time For Submission of Nominations (Continued)
(d) Total Peaking shall have the right to refuse to
receive or deliver any LNG or Regasified LNG not
timely or properly nominated. Total Peaking shall
not be liable to Customer or any other person as a
direct or indirect consequence of such refusal and
Customer shall indemnify Total Peaking from and
against any and all losses, damages, expenses,
suits, actions and proceedings whatsoever
threatened, incurred or initiated as a result of
such refusal, except to the extent such loss,
damage, expense, claim, suit, action or proceeding
is the result of Total Peaking's negligence, bad
faith or willful misconduct.
4.4 Additional Information Requirements
(a) Customer shall comply with requests by Total Peaking
for additional information which Total Peaking
believes is necessary to perform service hereunder
or to comply with the valid reporting or other
requirements of the Commission or other regulatory
agencies having jurisdiction.
(b) Customer shall notify Total Peaking immediately of
any unexpected changes in Quantities tendered for
receipt or delivery, whether or not such notice
conforms to the times set out herein.
(c) Customer shall cause the operator of each truck or
Point of Delivery designated in any nomination or
change to a nomination to confirm all such
nominations or changes to nominations in writing
prior to implementation by Total Peaking.
Sheet
Index Table RP99-263-000
Substitute Original Sheet No. 56 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
4. NOMINATION AND SCHEDULING OF SERVICES (Continued)
4.5 Scheduling Procedures for the Receipt and Delivery of LNG by
Customer's Truck(s)
(a) If all nominations for the receipt and delivery of
LNG by Customer's Truck(s) during the Month cannot
be accommodated and all conflicts cannot be resolved
by mutual agreement among Total Peaking and the
affected Customers, service shall be scheduled in
the following order:
(1) Firm service under Rate Schedule LNG;
(2) Firm service under Rate Schedule LSV;
(3) Interruptible service under Rate Schedule LNG-
1 in sequence starting with the highest rate
for storage service;
(4) Interruptible service under Rate Schedule LSV-
1 in sequence starting with the highest rate
for storage service.
In the event two (2) or more Customers have the same
priority using the above criteria, service will be
scheduled in sequence starting with the service to
be provided pursuant to the Service Agreement with
the earliest request date.
(b) Once service is nominated and scheduled during any
Month under any Rate Schedule, such service shall
not be bumped for the purpose of scheduling other
service with equal or lower priority during the
Month.
Sheet
Index Table CP96-339-001
Original Sheet No. 57 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
4. NOMINATION AND SCHEDULING OF SERVICES (Continued)
4.6 Scheduling Procedure for Receipt of Natural Gas and Delivery of
Regasified LNG
(a) The Quantities of natural gas or Regasified LNG
nominated for receipt or delivery by Customers shall
be scheduled by Total Peaking in the following
order:
(1) Firm service under Rate Schedule LSV;
(2) Firm service under Rate Schedule LNG;
(3) Interruptible service under Rate Schedule LSV-
1, in sequence starting with the highest rate
for storage service.
(4) Interruptible service under Rate Schedule LNG-
1, in sequence starting with the highest rate
for storage service.
(b) Within each sequence of the categories listed above,
Customer's service agreement request date will
determine the scheduling priority. For Customers
with the same request date, Quantities will be
scheduled pro rata based on each Customer's MCSC.
(c) Once service is nominated and scheduled during any
Month under any Rate Schedule, such service shall
not be bumped for the purpose of scheduling other
Quantities with equal or lower priority during the
month.
5. OPERATING CONDITIONS
5.1 General
(a) Customer shall make or cause to be made all
necessary arrangements with other parties at the
point where Customer tenders LNG to Total Peaking
for storage, and at the point where Total Peaking
delivers LNG or Regasified LNG for Customer's
account, and such arrangements must be compatible
with Total Peaking's facility operations.
Sheet
Index Table CP96-339-001
Original Sheet No. 58 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
5. OPERATING CONDITIONS (Continued)
5.1 General (Continued)
(b) Total Peaking shall have the unqualified right to
commingle LNG received and, stored hereunder with
LNG from other sources, and to treat and handle all
such LNG as its own. It is recognized that the LNG
or Regasified LNG delivered to Customer will not
consist of the same molecules as received from
Customer.
5.2 Operating Conditions for the Receipt of Natural Gas
(a) Total Peaking shall not be required to receive
natural gas at a rate in excess of the rate of one-
twentyfourth (1/24) of Customer's Maximum Daily
Liquefaction Volume.
(b) Total Peaking shall not be obligated to receive
natural gas if the total Quantities nominated for
the Day are less than 4,500 Dt per Day.
5.3 Operating Conditions for the Receipt of LNG from, and the
Delivery of LNG to, Customer's Truck(s)
(a) Customer's Truck(s) shall not exceed the following
dimensions:
Width 10'-0"
Tractor height 13'-6"
Trailer height 13'-6"
Anticipated gross weight 80,000 lbs.
Axle loading 48,000 lbs./tandem axle
(b) Total Peaking shall make available or cause to be
made available facilities capable of loading and
unloading LNG certified trailers during Business
Days.
Sheet
Index Table CP96-339-001
Original Sheet No. 59 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
5. OPERATING CONDITIONS (Continued)
5.3 Operating Conditions for the Receipt of LNG from, and the
Delivery of LNG to, Customer's Truck(s) (Continued)
(c) The loading and unloading of LNG shall be carried
out in accordance with applicable safety and other
regulations.
(d) LNG shall be loaded or unloaded, as the case may be,
only into trailers certified by the Department of
Transportation to transport LNG and operated by
approved hazardous material operators.
(e) Customer shall give written notice to Total Peaking
of the date and hour of arrival at Total Peaking's
Facilities of Customer's Truck(s) not less than
twenty-four (24) hours in advance of the estimated
time of arrival.
(f) If the Customer's Truck does not arrive at Total
Peaking's Facilities as scheduled, Total Peaking
shall unload or load, as the case may be, Customer's
Truck at the first available time when such
unloading or loading can be accomplished without
detriment to any other scheduled service.
(g) It shall be Customer's responsibility to assure that
each Customer's Truck, Customer's driver and load of
LNG is in compliance with all applicable codes and
regulations pertaining to the design, construction,
and operation of containers for the transportation
of LNG, including such limitations as Total Peaking
may require in connection with its facilities.
(h) It shall be Customer's responsibility to have proper
insurance for Customer's Truck(s), and Customer
shall provide Total Peaking with a certificate of
insurance satisfactory to Total Peaking prior to the
movement of Customer's Truck onto Total Peaking's
property. This requirement is without limitation to
other insurance requirements specified in this
tariff or required by law.
Sheet
Index Table CP96-339-001
Original Sheet No. 60 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
5. OPERATING CONDITIONS (Continued)
5.3 Operating Conditions for the Receipt of LNG from, and the
Delivery of LNG to, Customer's Truck(s) (Continued)
(i) If Customer employs a carrier company to receive or
deliver LNG at Total Peaking's Facilities, Customer
shall cause such carrier company to comply with the
requirements set forth herein.
5.4 Operating Conditions for the Storage of LNG
(a) Boil-Off
(1) Customer's available Storage Volume shall be
reduced by Customer's share of Total Peaking's
Facilities's Boil-Off. Customer's share of
such Boil-Off shall consist of the sum of the
LNG boiling off as a direct result of the
loading or unloading of Customer's LNG, plus a
proportionate share of the day-to-day
Facilities Boil-Off, which share shall be the
ratio of Customer's Storage Volume to the
total amount of LNG in Storage.
(2) Customer shall make all necessary arrangements
for the delivery of Customer's share of the
Facilities' Boil-Off on a daily basis. If
Customer fails to nominate its share of the
Facilities' Boil-Off on any Day, or if
Customer's nomination is not confirmed or not
accepted at the Point of Delivery, Total
Peaking may take title to such Gas, free and
clear of any adverse claim.
(b) Transfer of Storage Volume
(1) Customer may transfer by sale or otherwise all
or a portion of its Storage Volume to any
Customer that receives storage service under
Rate Schedule LSV or LNG in this tariff if:
Sheet
Index Table CP96-339-001
Original Sheet No. 61 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
5. OPERATING CONDITIONS (Continued)
5.4 Operating Conditions for the Storage of LNG
(i) Both the transferee and transferor of
the Storage Volume shall provide Total
Peaking with verification of the
transfer in writing; and
(ii) The transfer does not cause the Storage
Volume to exceed the MCSC specified in
the applicable Service Agreement.
(2) Customer may transfer by sale or otherwise all
or a portion of its Storage Volume to any
Customer that receives storage service under
Rate Schedule LSV-I or LNG-I, if:
(i) Customer receives prior approval from
Total Peaking for such transfer; and
(ii) All of the requirements of Section
5.4(b) are met.
(c) Cycling
By April 1 of each year, Customer shall cause to be withdrawn
from Total Peaking's Facilities at least 50% of the Customer's
Storage Volume as of November 1 of the preceding year. If
Customer fails to so withdraw such LNG, then Total Peaking may,
at its option, take title to any amount of LNG in excess of 50%
of the Customer's November 1 Storage Volume free and clear of any
adverse claims, in which case Customer shall indemnify Total
Peaking and hold it harmless from all costs, damages, and
liabilities arising out of the failure of Customer to remove such
LNG and the disposal of such LNG by Total Peaking, including
storage charges under the applicable rate schedule. Total
Peaking shall be permitted to retain any proceeds from the sale
of LNG to which it takes title hereunder. Total Peaking shall
extend the time available for Customer to remove its Gas from
Storage by one Day for every Day that Customer has been unable to
withdraw properly nominated Quantities due to operational or
force majeure conditions at Total Peaking's Facilities.
Sheet
Index Table CP96-339-001
Original Sheet No. 62 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
5. OPERATING CONDITIONS (Continued)
5.5. Operating Conditions For Deliveries of LNG.
The quantity of LNG delivered by Total Peaking to Customer shall
be determined by having the transportation vehicles weighed on
certified scales before and after loading. Customer's Truck(s)
shall have the responsibility of furnishing Total Peaking with
certified weights prior to, and after, loading with LNG. The
weight of the LNG so delivered shall be converted into dekatherms
in accordance with the American Gas Association Gas Measurement
Committee Report No. 5 of Fuel Gas Energy Metering, as amended,
expanded or superseded from time to time, applied in an
appropriate manner.
5.6 Operating Conditions for the Delivery of Regasified LNG
(a) Total Peaking shall not be required to deliver
Regasified LNG at a rate in excess of the rate of
one-twentyfourth (1/24) of Customer's Maximum Daily
Vaporization Volume.
(b) Total Peaking shall not be obligated to deliver
Regasified LNG if the total Quantities nominated for
the Day are less than 2,000 Dt per Day.
6. CURTAILMENT AND INTERRUPTION
6.1 Interruption
Total Peaking shall have the unqualified right to interrupt
storage service, in whole or in part, at any time under its
Interruptible Rate Schedule(s) to provide service under its Firm
Rate Schedules.
6.2 Curtailment
Total Peaking shall have the right to curtail or discontinue
storage service, in whole or in part, at any time for reasons of
Force Majeure or when, in Total Peaking's sole judgment,
capacity, supply, or operating conditions so require or it is
desirable or necessary to make modifications, repairs or
operating changes to its Facilities. Total Peaking shall use
reasonable efforts to provide Customer such notice of the
curtailment as is reasonable under the circumstances.
Sheet
Index Table CP96-339-001
Original Sheet No. 63 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
6. CURTAILMENT AND INTERRUPTION (Continued)
6.3 Order of Curtailment and Interruption
When the curtailment or interruption is necessary, Service will
be curtailed in the following order:
(a) In the event of an interruption pursuant to Section
6.1 above, service shall be interrupted in the
reverse order from which such service was scheduled
in accordance with Sections 4.5 and 4.6 of these
General Terms and Conditions.
(b) In the event of a curtailment pursuant to Section
6.2 above, interruptible service shall be curtailed
first. Following the curtailment of interruptible
service, firm service shall be curtailed. Within
each category, service shall be curtailed in the
reverse order from which it was scheduled in
accordance with Sections 4.5 and 4.6 of these
General Terms and Conditions.
6.4 Curtailment Reports and Notices
(a) Total Peaking shall use reasonable efforts to
provide Customer with notice of curtailment at a
time and in a manner that is reasonable under then
existing conditions, and shall in any event confirm
in writing or by facsimile transmission the notice
given.
(b) Total Peaking shall have no responsibility to inform
Customer's end users, suppliers, other transporters
and any others involved in the transaction, as to
any notice of curtailment.
6.5 Curtailment Compliance
(a) When a curtailment notice has been issued, the
affected Customer shall undertake the required
action set forth in the curtailment notice. Failure
to comply with a curtailment notice shall subject
Customer to the penalty provisions of Section 21
herein as if such curtailment notice were an OFO.
Sheet
Index Table RP01-175-002
First Revised Sheet No. 64 : Effective
Superseding: Iginal Sheet No. 64
GENERAL TERMS AND CONDITIONS
(Continued)
6. CURTAILMENT AND INTERRUPTION (Continued)
6.5 Curtailment Compliance (Continued)
(b) Customer shall indemnify Total Peaking from and
against any and all losses, damages, expenses,
claims, suits, actions, and proceedings whatsoever
threatened, incurred, or initiated as a result of
Total Peaking's performance hereunder, except to the
extent such loss, damage, expense, claim, suit,
action or proceeding is the result of Total
Peaking's negligence, bad faith or willful
misconduct.
(c) Without regard to any other remedy provided by law
or by the provisions hereof, Total Peaking shall be
entitled to seek an order from the Commission or any
other appropriate tribunal requiring compliance with
curtailment or interruption ordered by Total Peaking
in compliance with this Section 6 or any directive
from any governmental authority having jurisdiction.
7. BALANCING
7.1 RESERVED
7.2 Final Balancing
Customer shall withdraw, or otherwise dispose of, all of
its Storage Volume by the date the Service Agreement
terminates.
Sheet
Index Table RP00-460-002
First Revised No. 65 : Effective
Superseding: Original Sheet No. 65
GENERAL TERMS AND CONDITIONS
(Continued)
7. BALANCING (Continued)
7.2 Final Balancing (Continued)
(a) If Customer fails to withdraw, or otherwise dispose
of, all of its Storage Volume prior to the
termination of the Service Agreement, Total Peaking
may retain any remaining quantities of Storage
Volume free and clear of any adverse claims;
provided, however, that Total Peaking will notify
Customer in writing sixty (60) days prior to
termination of its Service Agreement of the quantity
of Storage Volume being held by Total Peaking for
Customer's account.
(b) If Customer in good faith disagrees with the
Quantity of Storage Volume set forth in the
notification required above, then within fifteen
(15) days of such notification, Customer shall
notify Total Peaking in writing of such dispute and
request a reconciliation. If, as of the date of
termination of Customer's Service Agreement, the
Quantity of Storage Volume contained in Total
Peaking's notice has not been finally reconciled and
such failure to reconcile results in a retention
hereunder by Total Peaking, then title to the
difference between the Quantity subject to retention
according to Total Peaking's records and that
reflected on Customer's records shall not finally
pass to Total Peaking until such reconciliation has
been completed.
8. OPERATIONAL FLOW ORDERS (OFOs)
8.1 Total Peaking will have the right to issue an OFO to any Customer
directing Customer to adjust receipts or deliveries, as the case
may be, when, in Total Peaking's sole judgment, it is required to
alleviate conditions which threaten the Facilities's integrity,
safety or service or to ensure compliance with the provisions
contained in this Tariff. During the conditions which threaten
the Facilities's integrity, safety or service, an OFO will not be
issued to protect interruptible service. Before issuing an OFO,
Total Peaking will attempt to remedy those operating conditions
through requests for voluntary action provided, however, exigent
circumstances may exist which require immediate issuance of an OFO.
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 66 : Effective
Superseding: Original Sheet No. 66
GENERAL TERMS AND CONDITIONS
(Continued)
8. OPERATIONAL FLOW ORDERS (OFOs) (Continued)
Examples of conditions which may cause OFOs to be issued include,
but are not be limited to:
(a) Failure of Customer's Truck(s) to arrive on the
schedule date;
(b) Unscheduled plant or downstream pipeline maintenance
and repairs affecting capacity;
(c) Non-compliance with curtailment orders where such
non-compliance threatens the integrity of Total
Peaking's Facilities;
(d) Failure to deliver LNG or Regasified LNG in
accordance with the delivery schedule where such
failure interferes with Total Peaking's ability to
provide scheduled service.
(e) The release of capacity under Section 23; or
(f) The recall of capacity under Section 23.12(e).
If Customer fails to so remove Quantities of Gas as directed,
then Total Peaking may, at its option, take title to such
Quantities free and clear of any adverse claims, in which case
Customer shall indemnify Total Peaking and hold it harmless from
all costs, damages, and liabilities arising out of the failure of
the Customer to remove such Quantities and the disposal of such
Quantities by Total Peaking, including storage charges under the
applicable rate schedule. Total Peaking shall be permitted to
sell the Quantities to which it takes title in accordance with
this Section 8 and to retain the proceeds from such sale;
provided, however, in the event that, notwithstanding its
exercise of due diligence, Customer is inhibited by Total Peaking
from so withdrawing its Quantities of Gas, Total Peaking shall
pay to Customer any net proceeds from Total Peaking's sale of
such Quantities.
Sheet
Index Table RP00-460-002
First Revised No. 67 : Effective
Superseding: Original Sheet No. 67
GENERAL TERMS AND CONDITIONS
(Continued)
8. OPERATIONAL FLOW ORDERS (OFOs) (Continued)
8.2 An OFO may be issued on a contract basis or on all or a portion
of Total Peaking's Facilities. Ordinarily, an OFO issued by
10:00 a.m. on a Gas Day will be effective at the beginning of the
following Gas Day. When operating conditions threaten the
Facilities' integrity, three hours notice, or lesser notice if
necessary, may be given. An OFO may be issued for a specific
period of time or until further notice is given.
8.3 Nothing shall limit Total Peaking's right to take action as may
be required to physically adjust actual receipts and actual
deliveries of Gas in order to alleviate conditions which threaten
the integrity of its Facilities.
8.4 Situation Reports, Notices and Indemnity
(a) Total Peaking shall use reasonable efforts to
provide Customer with such notice of OFOs as is
reasonable under then existing conditions, and shall
in any event confirm the notice by telephone and
facsimile transmission. Such notice shall be
provided to the person, including any agent,
designated by the Customer, to submit or confirm
nominations.
(b) Total Peaking will publish all notices of implementation
of an OFO and all provisions of an OFO on Total Peaking's
IWS as expeditiously as possible. Upon termination of an
OFO, Total Peaking will post on Total Peaking's IWS relevant
information specific to the individual situation regarding
the issuance and lifting of the particular OFO.
(c) Customer shall indemnify Total Peaking from and
against any and all losses, damages, expenses,
claims, suits, actions, and proceedings whatsoever
threatened, incurred, or initiated as a result of
Total Peaking's performance hereunder, except to the
extent such loss, damage, expense, claim, suit,
action of proceeding is the result of Total
Peaking's negligence, bad faith or willful
misconduct.
Sheet
Index Table CP96-339-001
Original Sheet No. 68 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
9. MISCELLANEOUS SALES
After the effective date of this Tariff, Total Peaking may from time-
to-time sell LNG or Regasified LNG as required to dispose of that which
it is permitted to retain pursuant to these General Terms and
Conditions. The point of sale for such sales shall be negotiable. The
purchaser shall be responsible for any necessary transportation of the
LNG or Regasified LNG from the point of sale.
10. QUALITY
10.1 The natural gas or LNG to be received hereunder for storage
service shall be merchantable and shall have in its gaseous
state:
(a) A Gross Heating Value of not less than nine hundred
fifty (950) Btu and not more than one thousand two
hundred (1,200) Btu per standard cubic foot;
(b) Constituent elements varying within the following
percentage limits (in molecular percentage):
Nitrogen between 0.00 and 1.40
Methane between 84.55 and 100.00
Ethane between 0.00 and 9.20
Propane between 0.00 and 3.25
Isobutane between 0.00 and 0.60
Normal butane between 0.00 and 0.75
Pentanes Plus between 0.00 and 0.25
(c) A hydrogen sulfide content not to exceed 0.50 parts
per million in volume;
(d) A total sulfur content of not more than 30 mg/Nm3;
(e) A mercaptan sulfur content not exceeding 2.30 mg/Nm3;
(f) No water, carbon dioxide or mercury;
Sheet
Index Table CP96-339-001
Original Sheet No. 69 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
10. QUALITY (Continued)
(g) No active bacteria or bacterial agent, including but
not limited to, sulphate reducing bacteria or acid
producing bacteria; and
(h) No hazardous or toxic substances.
Total Peaking shall not be obligated to receive any LNG that does
not meet these standards.
10.3 Customer shall indemnify Total Peaking from any loss, cost,
damage, or expense incurred by Total Peaking as a direct or
indirect result of Customer's failure to comply with the
provisions of this Section 10, except to the extent such loss,
damage, expense, claim, suit, action or proceeding is the result
of Total Peaking's negligence, bad faith or willful misconduct or
is the direct result of Total Peaking's deliberate decision to
take Customer's nonconforming natural gas or LNG.
11. MEASUREMENT
11.1 Measurement of Natural Gas Received from Customer's Transporter
Unless otherwise agreed upon by the parties, Customer shall cause
the measurement of the quantities of natural gas received by
Total Peaking to be performed by the Transporter delivering such
gas at the Point of Delivery (Gas) in accordance with such
Transporter's normal practices for measurement and testing of
measuring equipment. Customer shall seek to assure the
maintenance, or testing of the equipment used to measure the
quantities redelivered by Total Peaking and shall cooperate with
any requests of Total Peaking to do so.
Sheet
Index Table CP96-339-001
Original Sheet No. 70 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
11. MEASUREMENT (Continued)
11.2 Measurement of Quantity of LNG Received from, or Delivered to,
Customer's Truck(s)
(a) Customer's Truck(s) shall be weighed immediately
before and immediately after loading or unloading,
as the case may be. The difference in the two
weights expressed in pounds shall constitute the
weight of LNG received or delivered. Customer's
Truck(s) shall be weighed using scales installed,
maintained, operated and verified in accordance with
the regulations of the Connecticut Bureau of Weights
and Measures.
(b) The total Quantity received or delivered each Day
shall be the product of the average Dt's per pound
of LNG determined for each truckload during the Day
in accordance with Section 5 and the weight of LNG
received or delivered during that Day.
11.3 Measurement and Tests for Delivery of Regasified LNG
Unless otherwise agreed upon by the parties, Customer shall cause
the measurement of the quantities of Regasified LNG delivered by
Total Peaking to be performed by the Transporter receiving such
Regasified LNG at the Point of Delivery in accordance with such
transporter's normal practices for measurement and testing of
measuring equipment. Customer shall seek to assure the
maintenance, or testing of the equipment used to measure the
quantities redelivered by Total Peaking and shall cooperate with
any requests of Total Peaking to do so.
Sheet
Index Table CP96-339-001
Original Sheet No. 71 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
11. MEASUREMENT (Continued)
11.4 Failure of Meters
In the event a meter is out of service, or registering
inaccurately, the volume of LNG received or delivered hereunder
shall be estimated:
(a) By using the registration of any check meter or
meters if installed and accurately registering, or
in the absence thereof;
(b) By correcting the error, if such error is
ascertainable by calibration, test or mathematical
calculation; or
(c) In the absence of both (a) and (b) then by
estimating the quantity of delivery by mutually
agreed method.
11.5 Test of Meters
The accuracy of any measuring equipment for LNG and Regasified
LNG, other than recording calorimeters, installed by either party
shall be verified at reasonable intervals by the installing party
upon notice given to the other party. Either party shall notify
the other when it desires a special test of any measuring
equipment other than recording calorimeters installed by either
party, and the parties shall thereupon cooperate to secure a
prompt verification of the accuracy of such equipment; provided
that no party shall be required to verify the accuracy of its
equipment more frequently than once in any fourteen (14) day
period. Recording calorimeters shall be verified by the
installing party not less than once per day at approximately the
same hour each day while in use, and if requested, in the
presence of representatives of the other party.
Sheet
Index Table CP96-339-001
Original Sheet No. 72 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
11. MEASUREMENT (Continued)
11.6 Correction of Errors of Meters
If, upon test, any measuring equipment for measuring LNG and
Regasified LNG, including recording calorimeter, is found to be
in error by not more than two percent (2%), previous recordings
of such equipment shall be considered accurate in computing
deliveries hereunder but such equipment shall be adjusted at once
to record correctly. If, upon test, measuring equipment shall be
found to be inaccurate by an amount exceeding two percent (2%) at
a recording corresponding to the average hourly rate of flow
while recording for the period since the last preceding test, or
if, upon test, a recording calorimeter shall be found to be
inaccurate by an amount exceeding two percent (2%), any previous
recordings of such equipment shall be corrected to zero error for
any period which is definitely known or agreed upon by any Buyer
affected or otherwise correction shall be made for a period equal
to one-half of the time elapsed since the date of last test, not
to exceed a correction period of sixteen (16) Days.
11.7 Preservation of Records
Each party shall preserve for a period of at least three (3)
years all test data, charts, and other similar records relating
to the equipment referred to in the preceding paragraphs of this
Section 11.
Sheet
Index Table CP96-339-001
Original Sheet No. 73 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
12. BILLING
12.1 Invoice. Not later than the ninth (9th) Business Day of each
month, Total Peaking 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 Total Peaking in determining the amount billed. If
actual quantities are not available by the ninth (9th) Business
Day of the month, Total Peaking may invoice based on best
available data subject to adjustment to actuals at a later date.
Quantities at points where OBAs exist shall be invoiced based on
scheduled quantities.
12.2 Application of Payments for Released Capacity. Payments to Total
Peaking by a Replacement Customer for released capacity shall be
applied as follows: (i) Total Peaking shall retain amounts equal
to the Releasing Customer's usage charges; (ii) Total Peaking
will credit the balance to Demand Charges due from the
Replacement Customer; and (iii) Total Peaking shall remit the
remaining balance, if any, or shall charge any balance due, to
the Releasing Customer, provided that the Releasing Customer is
only liable to the extent of its Demand Charges. Total Peaking
is not obligated to the Releasing Customer for any payments not
received from the Replacement Customer.
12.3 Payment. Customer shall pay Total Peaking by wire transfer the
full amount reflected on the invoice within ten (10) days of its
receipt of same. If the tenth (10th) Day shall fall upon a
weekend or legal holiday, then such payment shall be made on the
last regular Business Day prior to such tenth (10th) Day.
Customer making payment shall submit supporting documentation;
Total Peaking receiving payment shall apply payment per
supporting documentation provided by Customer; and if payment
differs from invoiced amount, remittance detail shall be provided
with the payment.
Sheet
Index Table CP96-339-001
Original Sheet No. 74 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
12. BILLING (Continued)
12.4 Late Payments. Should Customer fail to make timely payment of
part or all of the amount of any bill, payment, when made, either
partly or all, shall be deemed a late payment and Total Peaking
shall charge interest from the due date of payment until the
actual date of payment at an annual interest rate equal to two
percent (2%) above the prime rate published under "Money Rates"
by the Wall Street Journal, or the maximum legal rate, whichever
is lesser, prorated for the number of days that the payment was
late.
Total Peaking shall bill Customer for any interest due under this
subsection in its next billing for gas service, and Customer
shall pay such amount in accordance with Subsection 12.3 above.
Notwithstanding the foregoing provisions of this subsection,
where a Customer fails to make timely payments three times during
any twelve-month period, the applicable interest rate for
subsequent late payments during such twelve month period shall be
twice the sum of the current national prime interest rate plus 1-
1/2 percent, but not in excess of the maximum lawful rate. Total
Peaking may waive the interest on a late payment made within five
days of the due date where Customer has diligently paid its prior
bills on time, and lateness in payment is of a nonrecurring
nature.
Should Customer fail to pay the bill for thirty days after
payment is due, Total Peaking shall provide notice to Customer
that its payment is in arrears. If payment is not made or
guaranty provided within 60 days after receipt of such notice,
service will be suspended until payment is made or security
provided. If payment is not made or security furnished, then
termination of service may be sought, including FERC abandonment
authorization.
Sheet
Index Table CP96-339-001
Original Sheet No. 75 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
12. BILLING (Continued)
12.5 Billing Error. If an error is discovered in any billing, such
error shall be adjusted within 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 by Total Peaking of any underpayment. In
the event Customer fails to forward the entire undisputed amount
due to Total Peaking when same is due, interest on the unpaid
portion shall accrue at a rate equal to two percent (2%) above
the prime rate published under "Money Rates" by the Wall Street
Journal, from time to time, or the maximum legal rate, whichever
is the lesser, compounded daily 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
Total Peaking, 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 Total Peaking, in addition to all
other legal remedies available to it, shall seek authorization to
terminate service hereunder.
12.6 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 Total
Peaking 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 12.5 above from the original due date until the date
actually paid.
Sheet
Index Table CP96-339-001
Original Sheet No. 76 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
12. BILLING (Continued)
12.7 Right to Audit. Both Total Peaking 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 service
agreement. Upon request, Customer shall also make available to
Total Peaking 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 Total Peaking 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 Total
Peaking 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.
13. TAXES
If at any time Total Peaking is required to remit any taxes assessed on
the gas pursuant to Customer's service agreement, then Total Peaking
shall have the right to collect from Customer such taxes, including any
penalties and interest. Customer agrees to reimburse Total Peaking for
the taxes assessed on the gas, including any penalties and interest,
within fifteen (15) days of the date of invoice from Total Peaking.
Customer recognizes that Total Peaking may be required to file federal
and state tax returns, and Customer agrees to furnish Total Peaking
with adequate information pertaining to the taxation on the gas.
14. INSURANCE
Customer shall be responsible for providing its own insurance coverage
with respect to its gas in the Total Peaking LNG facilities.
Sheet
Index Table CP96-339-001
Original Sheet No. 77 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
15. TITLE AND RISK OF LOSS
15.1 As between Customer and Total Peaking: Customer shall be in
control and possession of the gas prior to delivery to Total
Peaking for storage or injection at the Point(s) of Receipt
located at Total Peaking's facility and after redelivery by Total
Peaking to Customer at the Point(s) of Delivery located at Total
Peaking's facility, and shall indemnify and hold Total Peaking
harmless from any damage or injury caused thereby. Total Peaking
shall be in control and possession of the gas after the receipt
of the same at the Point(s) of Receipt and until redelivery by
Total Peaking 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. The risk of loss for all gas
injected into, stored in and withdrawn from storage shall remain
with Customer, and Total Peaking shall not be liable to Customer
for any loss of gas, except as may be occasioned due to the
intentional or negligent acts or omissions by Total Peaking. Any
losses of gas, unless due to the intentional or negligent act or
omissions of Total Peaking, shall be shared proportionally by all
Customers.
15.2 Customer warrants for itself, its successors, and assigns, that
it, or a third party on whose behalf Customer is acting, will at
the time of delivery to Total Peaking for service hereunder have
good and marketable title to all gas delivered free and clear of
all liens, encumbrances and claims whatsoever. Customer shall
indemnify Total Peaking and save it harmless from suits, actions,
debts, accounts, damages, costs, losses and expenses arising from
or out of adverse claims of any or all persons to said gas,
including claims for any royalties, taxes, license fees or
charges applicable to such gas or to the delivery thereof to
Total Peaking for service hereunder.
Sheet
Index Table CP96-339-001
Original Sheet No. 78 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
16. FORCE MAJEURE
16.1 Definition of Force Majeure
The term force majeure as employed herein shall mean acts of God,
strikes, lockouts or other industrial disturbances, acts of the
public enemy or terrorists, wars, blockades, insurrections,
riots, epidemics, landslides, lightning, earthquakes, fires,
storms, floods, washouts, arrests, the order of any court or
government authority having jurisdiction while the same is in
force and effect, civil disturbances, explosions, breakage,
accidents to machinery or lines of pipe, freezing of or damage to
receipt or delivery facilities, National Weather Service warnings
or advisories, whether official or unofficial, that result in the
evacuation of facilities, inability to obtain or unavoidable
delay in obtaining labor material, permits or equipment,
vandalism and any other cause whether of the kind herein
enumerated or otherwise, not reasonably within the control of the
party claiming suspension and which by the exercise of due
diligence such party is unable to prevent or overcome.
In the event of either party being rendered unable, wholly or in
part, by reason of an event of force majeure to carry out its
obligations other than (1) the obligation of Customer to pay
monthly demand charges to Total Peaking and (ii) the obligation
to make payment of amounts accrued and due at the time thereof,
it is agreed that on such party's giving notice and full
particulars of such force majeure in writing or by telecopy to
the other party within seventy-two (72) hours after the
occurrence of the cause relied on, the obligations of both
parties, so far as they are affected by such force majeure, shall
be suspended during the continuance of any inability so caused,
but for no longer period, and such cause shall so far as possible
be remedied with all reasonable dispatch.
Neither party shall be liable in damages to the other for any
act, omission or circumstance occasioned by, or in consequence
of, force majeure or operating conditions, as herein defined.
Sheet
Index Table CP96-339-001
Original Sheet No. 79 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
16. FORCE MAJEURE (Continued)
16.1 Definition of Force Majeure (Continued)
Such causes or contingencies affecting the performance by either
party, however, shall not relieve it of liability unless such
party shall give notice and full particulars of such cause or
contingency in writing or by telecopy to the other party within
a reasonable time after the occurrence relied upon, nor shall
such causes or contingencies affecting the performance by either
party relieve it of liability in the event of its failure to use
due diligence to remedy the situation and remove the cause with
all reasonable dispatch, provided that the resolution of strikes,
lockouts or other labor disputes shall be within the sole
discretion of the party involved therein. Such causes or
contingencies affecting the performance of either party shall not
relieve Customer from (i) its obligation to make payments of
monthly demand charges except to the extent that such causes or
contingencies are caused by Total Peaking's negligence or willful
misconduct, and (ii) its obligation to make payment of amounts
accrued and due at the time thereof.
16.2 Daily Interruption or Allocation of Services Due to Force Majeure
(a) If, due to an event of force majeure, Total Peaking
is unable to receive, liquefy, vaporize or redeliver
gas tendered by Customers for firm contract storage
service, then Total Peaking, upon providing as much
notice as possible under all of the circumstances,
shall order reduction of Customers' firm contract
storage, as well as applicable liquefaction,
vaporization, injection, or withdrawal entitlements
on a pro rata basis based on firm contract
entitlements to the extent necessary depending upon
the type and location of the occurrence, in
accordance with this Tariff.
(b) Notice provided by Total Peaking to Customer of such
reduced contract quantity entitlement shall be by
telephone or telecopy. Such notice shall be
confirmed in writing as soon as reasonably possible.
Sheet
Index Table CP96-339-001
Original Sheet No. 80 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
17. POINT(S) OF RECEIPT AND POINT(S) OF DELIVERY
17.1. Points of Receipt.
(a) The Point of Receipt for Customer's tender of gas
for liquefaction ["Point of Receipt (Gas)"] shall be
at the point of connection between Total Peaking and
Iroquois Gas Transmission System ("Iroquois") at
Iroquois' Meter Station No. 13, near Milford,
Connecticut.
(b) The Point of Receipt for Customer's tender of LNG
["Point of Receipt (LNG")] shall be the
loading/unloading area adjacent to Total Peaking's
storage tank near Milford, Connecticut.
17.2 Points of Delivery.
(a) The Point of Delivery for Total Peaking's tender of
Regasified LNG ["Point of Delivery (Gas)"] shall be
the outlet of the vaporization unit at Total
Peaking's facilities near Milford, Connecticut.
(b) The Point of Delivery for Total Peaking's tender of
LNG ["Point of Delivery (LNG)"] shall be the
loading/unloading area adjacent to Total Peaking's
storage tank near Milford, Connecticut.
18. PRESSURES
18.1 Deliveries of natural gas to Total Peaking at the Point of
Receipt shall be made at sufficient pressures to enter Total
Peaking's system but in no event shall Total Peaking be obligated
to receive such deliveries at pressures higher than 1,440 psig.
18.2 Total Peaking shall deliver natural gas to Customer or Customer's
transporter at sufficient pressures at the Point of Delivery to
enter the downstream transporter's system but in no event shall
Total Peaking be obligated to make such deliveries at pressures
greater than 199 psig.
Sheet
Index Table RP03-495-000
Second Revised Sheet No. 81 : Effective
Superseding: Sub 1st Revised Sheet No. 81
GENERAL TERMS AND CONDITIONS
(Continued)
18. PRESSURES (Continued)
18.3 Natural gas delivered by Total Peaking to Customer or Customer's
transporter in the liquid phase shall be at the pressure
developed by the force of gravity on the liquid head contained in
Total Peaking's storage tank or at the pressure developed by
auxiliary equipment that may be in operation at the time of
delivery.
19. NOTICES
Any notice, request, demand, or statement, provided for in Customer's
service agreement, except as otherwise herein provided, may be posted
on Total Peaking's IWS, given in writing, delivered in person or by
United States Mail, to the parties hereto at the addresses shown below
or at such other addresses as may hereafter be furnished to the other
party in writing:
Customer: INVOICES, NOTICES, AND CORRESPONDENCE
Total Peaking: CORRESPONDENCE AND NOTICES
Total Peaking Services, L.L.C.
775 Oronoque Road
Milford, Connecticut 06460
Attention: Robert A. Cables
Payments Shall Be Made By Wire Transfer To:
Total Peaking Services, L.L.C.
Bank: Fleet Bank, Hartford, CT.
Account No. 9428440737
ABA Ref. No. 011 500 010
STATEMENTS
Total Peaking Services, L.L.C.
Any notice initially delivered by fax shall be confirmed by regular
mail within one (1) week after transmission of the fax.
Sheet
Index Table RP01-175-001
Second Revised Sheet No. 82 : Effective
Superseding: First Revised Sheet No. 82
GENERAL TERMS AND CONDITIONS
(Continued)
20. MAXIMUM DAILY VOLUMES
20.1 Total Peaking shall endeavor to liquefy, vaporize, inject,
and withdraw on any day as much of each firm Customer's
nomination for such day as plant operating conditions
permit. If, however, on any day, the total of all firm
Customers' nominations exceed the liquefaction,
vaporization, injection, or withdrawal capacity of the
plant,1:39 PM 12/19/00 then the nominations will be
allocated based on each firm Customer's proportionate
share of the total applicable capacity, but each firm
Customer shall not be allocated less than its Maximum
Daily Liquefaction Volume, Maximum Daily Vaporization
Volume, Maximum Daily Injection Volume, or Maximum Daily
Withdrawal Volume, unless caused by a force majeure event
as provided in Section 16 of the General Terms and
Conditions.
20.2 Total Peaking shall be obligated to accept gas for
liquefaction in accordance with the above procedure only
when Customer's Storage Volume is less than Customer's
Maximum Contract Storage Capacity.
21. PENALTIES
RESERVED
22. FUEL REIMBURSEMENT
22.1 Categories of Fuel Usage. The two general categories of
fuel usage are: (1) Direct Fuel Usage, consisting of (a)
compression fuel, (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 facility (if any), and (c) lost and unaccounted
for volumes to the extent required for the operation and
maintenance of Total Peaking's gas storage facilities.
22.2 Fuel Reimbursement. Fuel Reimbursement shall be calculated
separately for each service. Each Fuel Reimbursement
charge shall be negotiated by Total Peaking and Customer
such that reimbursement of fuel may be paid in kind as set
forth in Customer's service agreement(s).
Sheet
Index Table RP01-175-002
2nd Revised Sheet No. 82 : Effective
Superseding: First Revised Sheet No. 82
GENERAL TERMS AND CONDITIONS
(Continued)
20. MAXIMUM DAILY VOLUMES
20.1 Total Peaking shall endeavor to liquefy, vaporize, inject,
and withdraw on any day as much of each firm Customer's nomination for
such day as plant operating conditions permit. If, however, on any
day, the total of all firm Customers' nominations exceed the liquefaction,
vaporization, injection, or withdrawal capacity of the plant, then the
nominations will be allocated based on each firm Customer's proportionate
share of the total applicable capacity, but each firm Customer shall not be
allocated less than its Maximum Daily Liquefaction Volume, Maximum Daily
Vaporization Volume, Maximum Daily Injection Volume, or Maximum Daily
Withdrawal Volume, unless caused by a force majeure event as provided
in Section 16 of the General Terms and Conditions.
20.2 Total Peaking shall be obligated to accept gas for liquefaction in accordance
with the above procedure only when Customer's Storage Volume is less than
Customer's Maximum Contract Storage Capacity.
21. PENALTIES
RESERVED
22. FUEL REIMBURSEMENT
22.1 Categories of Fuel Usage. The two general categories of fuel
usage are: (1) Direct Fuel Usage, consisting of (a)
compression fuel, (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 facility
(if any), and (c) lost and unaccounted for volumes to the extent
required for the operation and maintenance of Total Peaking's gas
storage facilities.
22.2 Fuel Reimbursement. Fuel Reimbursement shall be calculated
separately for each service. Each Fuel Reimbursement
charge shall be negotiated by Total Peaking and Customer
such that reimbursement of fuel may be paid in kind as set
forth in Customer's service agreement(s).
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 83 : Effective
Superseding: Original Sheet No. 83
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE
Any Customer under Rate Schedule LSV or LNG may seek to release for
assignment to others any or all of its firm service entitlements,
subject to the following terms and conditions:
23.1 Notice of Offer. A Customer offering to release firm service
entitlements shall furnish written notice to Total Peaking, or
via the IWS as specified by Total Peaking, of the terms of its
offer. The Customer may propose a prearranged designated
Replacement Customer to which the capacity would be released.
Offers shall be binding until written or electronic notice of
withdrawal is received by Total Peaking 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 Total Peaking shall
post on its IWS. 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) Total Peaking's service agreement number.
(c) A description of the capacity to be released and
assigned. The notice must state the portion of the
Maximum Contract Storage Capacity, the Maximum Daily
Liquefaction Volume, and the Maximum Daily
Withdrawal Volume and the associated Point(s) of
Receipt and Point(s) of Delivery, subject to the
proposed release and assignment. Release Quantity
shall be expressed as a numeric quantity only.
(d) The proposed effective date and term of the release
and assignment.
(e) The identity of any pre-arranged designated
Replacement Customer 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.
Sheet
Index Table RP03-495-000
First Revised Sheet No. 84 : Effective
Superseding: Original Sheet No. 84
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE (Continued)
23.1 Notice of Offer (Continued)
(g) whether, to what extent, and the conditions pursuant
to which capacity will be subject to recall.
(h) whether contingent bids that extend beyond the bid
period may be submitted, how to evaluate and
prioritize such bids against non-contingent bids,
and whether 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.
(i) any extensions of the minimum posting/bid periods.
(j) whether Releasing Customer desires to utilize the
option for Biddable releases described in Section
23.3 below and any minimum terms applicable thereto.
and
(k) other special terms and conditions Customer imposes
on the release of its capacity, including, but not
limited to, minimum rates, term and quantity.
(l) whether Releasing Customer elects to specify dollars
and cents or percents of maximum contract rate in
the denomination of bids. Once the choice is made,
the bids shall comport with the choice.
(m) for purposes of bidding and awarding, maximum/
minimum rates shall include the contract reservation
rate and all demand surcharges, as a total number or
as stated separately.
Sheet
Index Table RP03-495-000
First Revised Sheet No. 85 : Effective
Superseding: Original Sheet No. 85
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE (Continued)
23.2 Posting and Bidding Timeline.
(a) General. For the Capacity Release business process timing
model, only the following methodologies shall be supported by
Total Peaking 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 rated, 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 Total Peaking's discretion.
However, Total Peaking is not required to offer other choices
or similar timeline evaluation treatment for other choices, nor,
is Total Peaking held to the timeline should the Releasing
Customers elect another method of evaluation. 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
credit worthy before the capacity release bid is tendered and
(ii) there are no special terms or conditions of the release.
Total Peaking will comply with the Capacity Release timeline
established by the North American Energy Standards Board as
follows:
(b) NAESB Standard Timeline. NAESB Standard 5.3.1 (Version 1.6)
states: The Capacity Release timeline is applicable to all parties
involved in the Capacity Release process; however, it is only
applicable if 1) all information provided by the parties to the
transaction is valid and the acquiring shipper has been determined
to be creditworthy before the capacity release bid is tendered and
2) there are no special terms or conditions of the release.
(c) Bidding Periods. For releases, NAESB Standard 5.3.2 (Version 1.6)
provides the following Bidding Periods:
For biddable releases (less than 1 year):
- offers should be tendered by 12:00 P.M. on a Business Day;
- open season ends no later than 1:00 P.M. on a Business Day
(evaluation period begins at 1:00 P.M. during which contingency
is eliminated, determination of best bid is made, and ties are
broken);
Sheet
Index Table RP03-495-000
Original Sheet No. 85A : Effective
- evaluation period ends and award posting if no match required
at 2:00 P.M.;
- match or award is communicated by 2:00 P.M.;
- match response by 2:30 P.M.;
- where match required, award posting by 3:00 P.M.;
- contract issued within one hour of award posting (with a new
contract number, when applicable); nomination possible
beginning at the next available nomination cycle for the
effective date of the contract.(Central Clock Time).
For biddable releases (1 year or more):
- offers should be tendered by 12:00 P.M. four Business Days
before award;
- open season ends no later than 1:00 P.M. on the Business Day
before timely nominations are due (open season is three Business
Days);
- evaluation period begins at 1:00 P.M. during which contingency
is eliminated, determination of best bid is made, and ties are
broken;
- evaluation period ends and award posting if no match required
at 2:00 P.M.;
- match or award is communicated by 2:00 P.M.;
- match response by 2:30 P.M.;
- where match required, award posting by 3:00 P.M.;
- contract issued within one hour of award posting (with a new
contract number, when applicable); nomination possible
beginning at the next available nomination cycle for the
effective date of the contract. (Central Clock Time).
For non-biddable releases:
Timely Cycle
- posting of prearranged deals not subject to bid are due by
10:30 A.M.;
- contract issued within one hour of award posting (with a new
contract number, when applicable); nomination possible
beginning at the next available nomination cycle for the
effective date of the contract. (Central Clock Time).
Evening Cycle
- posting of prearranged deals not subject to bid are due by
5:00 P.M.;
- contract issued within one hour of award posting (with a new
contract number, when applicable); nomination possible
beginning at the next available nomination cycle for the
effective date of the contract. (Central Clock Time).
Sheet
Index Table RP03-495-000
Original Sheet No. 85B : Effective
Intraday 1 Cycle
- posting of prearranged deals not subject to bid are due by
9:00 A.M.;
- contract issued within one hour of award posting (with a new
contract number, when applicable); nomination possible
beginning at the next available nomination cycle for the
effective date of the contract.(Central Clock Time).
Intraday 2 Cycle
- posting of prearranged deals not subject to bid are due by
4:00 P.M.;
- contract issued within one hour of award posting (with a new
contract number, when applicable); nomination possible
beginning at the next available nomination cycle for the
effective date of the contract. (Central Clock Time).
(d) Posting of offers and bids. Total Peaking shall post offers and
bids, including pre-arranged deals, upon receipt, unless Releasing
Customer requests otherwise. If a Releasing Customer requests a
posting time, Total Peaking 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.
23.3 Pre-arranged Releases. Customer may designate an entity (a
prearranged designated 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 Section 23.2, herein, with the
pre-arranged designated 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 designated Replacement Customer is for a period of
Sheet
Index Table RP03-495-000
Second Revised Sheet No. 86 : Effective
Superseding: Substitute First Revised Sheet No. 86
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE (Continued)
23.3 Pre-arranged Releases. (Continued)
31 days or less, the Releasing Customer shall provide notice to
Total Peaking in accordance with this section and may implement
the release without complying with such prior posting and bidding
procedures. Customers proposing Capacity Release of 32 to 364
days still must follow the bidding procedures contained herein.
Notice of such exempted releases shall be posted on the IWS in
accordance with Section 23.2 herein.
23.4 Posting. Following receipt of a notice of offer to release
capacity which satisfies the requirements set forth in this
section, Total Peaking will post such information on its IWS in
accordance with the timeline set forth in section 23.2 herein,
which posting will include: (1) the details of any offer to release
capacity, i.e. quantity, time period, receipt and delivery points,
restrictions and conditions associated with the offer; (2) details
of all bids for the capacity; (3) details of the bid that was
awarded, and (4) any withdrawals of offers or bids. Total Peaking
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.
23.5 Bidding and Selection of Replacement Customer. All bids must
contain the applicable information required in this section and
must also be accompanied by a Request for Service in the form set
forth at Section 3 of the General Terms and Conditions of this
FERC Gas Tariff. If Releasing Customer desires to solicit bids
for releases of 31 days or less, it may direct Total Peaking to
post notice of the availability of such capacity and, in lieu of
permitting bids during the otherwise applicable posting period,
award the capacity to the bidder which submits first in time a
valid bid meeting any minimum terms specified by the Releasing
Customer. 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 Total
Peaking before 2:00 p.m. on the last day 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.
Total Peaking shall evaluate the bids in accordance with the
Sheet
Index Table CP96-339-001
Original Sheet No. 87 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE (Continued)
23.5 Bidding and Selection of Replacement Customer. (Continued)
provisions of this section and determine the best bid by
3:00 p.m. on the day before nominations are due. Total
Peaking shall notify Releasing Customer, the best bidder,
and any pre-arranged designated Replacement Customer of
such determination by 4:00 p.m. on the day before
nominations are due. Upon such notice by the prearranged
designated Replacement Customer, or expiration of the
period during which it may match the best bid (or, if not
applicable, the notice required at the close of the bid
period shall suffice), the chosen Replacement Customer then
shall execute promptly a service agreement pursuant to the
applicable rate schedule covering the released capacity for
the period of the release. To expedite the implementation
and utilization of released capacity, Releasing Customer
may require bidders, or bidder may do so on its own accord,
to submit with its bid duplicate originals, executed on
behalf of the prospective Replacement Customer, of a
service agreement (Total Peaking will make such documents
available to any bidders which so request) with express
consent and approval for Total Peaking, if that bidder is
selected as the Replacement Customer, to prepare and deem
effective the applicable exhibits to said service agreement
to incorporate the terms of the bid and release, and
thereby legally bind Replacement Customer upon execution by
Total Peaking alone. Following implementation of the
release, Total Peaking shall post notice on its TBB of the
winning bidder.
23.6 Best Bid. When Total Peaking makes awards of capacity for which
there have been multiple bids meeting minimum conditions, Total
Peaking shall award the bids, best bid first, until all offered
Daily Liquefaction Volume, Daily Withdrawal Volume or Storage
Capacity is awarded. Total Peaking shall evaluate and determine
the best bid among those otherwise consistent with any terms and
conditions specified by the Releasing Customer as follows:
Sheet
Index Table CP96-339-001
Original Sheet No. 88 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE (Continued)
23.6 Best Bid (Continued)
(a) Total Peaking 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 potential Replacement Customers and require
Total Peaking in applying such standard to exercise
no more than a ministerial function. The Releasing
Customer shall indemnify and hold Total Peaking
harmless from and against all demands, losses,
claims, expenses, causes of action and/or damages
suffered or incurred by Total Peaking 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, Total Peaking 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.
23.7 Qualification of Prospective Replacement Customer. A prospective
Replacement Customer must satisfy all requirements of the
applicable rate schedule and the General Terms and Conditions of
this FERC Gas Tariff. Prior to submitting a bid pursuant to this
section, a bidder must pre-qualify as a prospective Replacement
Customer by submitting a credit application as provided for in
Section 3.2 of these General Terms and Conditions specifying that
the submission is for the purpose of pre-qualifying to submit
bids on released capacity. Total Peaking will apply its
creditworthiness criteria to assess the submissions.
Sheet
Index Table CP96-339-001
Original Sheet No. 89 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE (Continued)
23.8 Nominations. Following its selection, execution of a service
agreement and compliance with other applicable Tariff provisions,
and prior to the flow of Gas, the Replacement Customer shall be
required to make nominations pursuant to the terms and conditions
of the applicable rate schedule and the General Terms and
Conditions of this FERC Gas Tariff.
23.9 Billing. The Replacement Customer shall be billed and make
payments to Total Peaking in accordance with the applicable rate
schedule, other provisions of this FERC Gas Tariff and of its
service agreement incorporating its bid terms. Unless Total
Peaking otherwise agrees, the Replacement Customer shall pay or
be liable for the applicable charges (plus all applicable
surcharges, Fuel Reimbursement, taxes, penalties, etc.)
applicable under the relevant rate schedule attributable to its
usage of the released capacity. Total Peaking shall continue to
bill the Releasing Customer all applicable charges under its
existing service agreement, excluding 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. Invoices sent to the Releasing
Customer shall reflect a credit equal to any reservation charges
(plus all 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, Total Peaking shall pursue payment from the Replacement
Customer by notifying such Customer by registered letter, return
receipt requested, that it has five 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, Total Peaking shall reverse the credit and bill
the Releasing Customer for such past due amounts, plus applicable
interest.
Sheet
Index Table CP96-339-001
Original Sheet No. 90 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE (Continued)
23.10 Rights and Obligations of the Parties
(a) Unless Total Peaking otherwise agrees, the service
agreement between the Releasing Customer and Total
Peaking shall remain in full force and effect with
the Customer to receive a credit to its invoice as
described hereinabove. The 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) Total Peaking 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 Total Peaking's
FERC Gas Tariff and their respective service
agreements. In the event that instructions or
nominations from the Releasing Customer and
Replacement Customer are, in Total Peaking's
opinion, inconsistent or conflicting, Total Peaking
shall comply with the instructions of the Releasing
Customer; provided, however, that such instructions
must not be inconsistent with Total Peaking's FERC
Gas Tariff or the terms of either the Releasing
Customer's or Replacement Customer's service
agreement, in Total Peaking's opinion. The
Releasing Customer will indemnify Total Peaking
against any claim or suit by the Replacement
Customer, its successors assigns, arising from any
action taken by Total Peaking in reliance upon the
Releasing Customer's nominations and instructions
and will hold Total Peaking harmless for any action
taken by Total Peaking in reliance upon the
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 91 : Effective
Superseding: Original Sheet No. 91
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE (Continued)
23.10 Rights and Obligations of the Parties (Continued)
23.10(b) (Continued)
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 Total Peaking against any claim or
suit by the Releasing Customer, its successors or
assigns, arising from any action taken by Total
Peaking in reliance upon the nominations and
scheduling instructions of the Replacement Customer
and will hold Total Peaking harmless for any actions
taken by Total Peaking in reliance upon the
instructions of the Releasing Customer.
23.11 Marketing Fee. If Total Peaking and the Releasing Customer so
agree Total Peaking may receive a negotiated fee for its
marketing efforts.
23.12 Limitations
(a) Releases and assignments hereunder shall be for
period(s) of one or more Day(s) and the maximum term
must be for no longer than the expiration of the
service agreement subject to the assignment.
(b) Total Peaking may invalidate any offer to release or
any bid subsequent to its posting on the IWS 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.
Sheet
Index Table CP96-339-001
Original Sheet No. 92 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE (Continued)
23.12 Limitations (Continued)
(c) Any terms and conditions imposed on the offer to
release by the Releasing Customer as provided for in
this section must be objectively stated, reasonable,
capable of administration or implementation by Total
Peaking 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 service agreement.
(d) A Releasing Customer may re-release to the same
replacement shipper for a term of 31 days or less at
the agreed upon applicable maximum rates 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 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. A
Releasing Customer may also re-release (without a
twenty-eight day waiting period) to the same
Replacement Customer for any term at the agreed upon
rates.
(e) If the Releasing Customer retains recall rights, it
shall specify the condition(s) precedent to such
recall and any recall must be for a period of one or
more Day(s). If the Releasing Customer wishes to
recall capacity to be effective for a gas day, the
notice should be provided to Total Peaking and the
Replacement Customer no later than 8:00 a.m. Central
Clock Time on the nomination day. The Releasing
Customer shall exercise and administer such recall
Sheet
Index Table CP96-339-001
Original Sheet No. 93 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
23. CAPACITY RELEASE (Continued)
23.12 Limitations (Continued)
rights and Total Peaking may rely on the Releasing
Customer's notice and instructions. Releasing
Customer shall indemnify and hold Total Peaking
harmless from and against all demands, losses,
causes of action, expenses and/or damages resulting
from or relating to Releasing Customer's exercise of
its recall rights and Total Peaking's compliance
therewith including claims by the affected
Replacement Customer(s). Total Peaking shall also
support the function of reputting by Releasing
Customers. Reput method and rights should be
specified at the time of the deal. Reput method and
rights are individually negotiated between the
Releasing Customer and the Replacement Customer.
24. PERIODIC RATE ADJUSTMENTS AND SURCHARGES
Total Peaking shall have the right to file for changes to its
rates and to all other charges applicable to the service
hereunder and all other surcharges as may be applicable. Such
changed rates and charges shall be effective and applicable,
subject to refund as determined by the FERC, after any notice as
may be required by the FERC or at the end of any suspension
period ordered by the FERC, and such changed rate or charge shall
be the effective rate or charge under the Service Agreement;
provided, however, that nothing set forth herein shall prohibit,
or be construed to prohibit, Customer from protesting or opposing
any change to a rate or charge as may be proposed or otherwise
sought by Total Peaking.
25. RIGHT OF FIRST REFUSAL
25.1 Right of First Refusal at End of Contract Term. Total Peaking
may discontinue service to a Customer at the end of the primary
term or any renewed term of the Customer's LSV or LNG Agreement
unless (i) the Customer exercises any applicable renewal right in
the LSV or LNG Agreement; or (ii) in the case of a long term LSV
or LNG Agreement, the Customer exercises its right of first
refusal for the capacity covered by the LSV or LNG Agreement by
matching the terms offered to Total Peaking during an open
Sheet
Index Table CP96-339-001
Original Sheet No. 94 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
25. RIGHT OF FIRST REFUSAL (Continued)
25.1 Right of First Refusal at End of Contract Term (Continued)
season, conducted pursuant to Section 3 of the General Terms and
Conditions of Total Peaking's currently effective tariff, for
such capacity by any qualified prospective successor customer.
A "long term LNG-1 Agreement," as that term is used in this
Section, is an LNG-1 Agreement having a primary term of one (1)
year or more. A prospective successor customer is "qualified,"
within the meaning of this section, if such prospective successor
customer meets the creditworthiness criteria set forth in Section
3 of the General Terms and Conditions of Total Peaking's
currently effective tariff.
25.2 Exercise of Right of First Refusal.
(a) Not less than twelve (12) months prior to the
termination or expiration of a long term LSV or LNG
Agreement, an open season will be held for the
purpose of awarding the capacity that is to become
available upon the long term LSV or LNG Agreement's
termination or expiration. This open season will be
conducted pursuant to the terms and conditions set
forth in Section 3 of the General Terms and
Conditions of Total Peaking's currently effective
tariff.
(b) Bids from qualified successor customers who desire,
in whole or in part, the capacity to be made
available upon the expiration or termination of the
long-term LSV or LNG Agreement must be received by
Total Peaking no later than six (6) months before
the effective date of the expiration or termination
of the long-term LSV or LNG Agreement. Upon
expiration of the open season, Total Peaking will
select the highest bid received from a qualified
successor customer and communicate the terms of the
highest bid, including, if applicable, whether the
highest bid is for a higher priority service, to the
current
Sheet
Index Table CP96-339-001
Original Sheet No. 95 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
25. RIGHT OF FIRST REFUSAL (Continued)
25.2 Exercise of Right of First Refusal. Continued
capacity holder, who may elect, within ten (10)
Business Days or such greater time as Total Peaking
may specify, to execute a renewal LSV or LNG
Agreement upon the same terms. In determining which
bid for the capacity is the highest, Total Peaking
will use the present value formula set forth in
Section 18.1 of the General Terms and Conditions of
Total Peaking's currently effective tariff.
(c) If the current capacity holder does not elect to
match the terms of such highest bid, its LSV or LNG
Agreement will expire at the conclusion of its term
and Total Peaking will be deemed to have all
necessary abandonment authorization under the NGA
with respect to such service. Total Peaking may
enter into a new LSV or LNG Agreement with the
qualified successor customer who submitted the
highest bid.
(d) Total Peaking shall retain the right to require a
minimum rate, which shall be market-based, for bids
during any such open season.
25.3 Continuation of Service. If during the open season, Total
Peaking receives no bids or rejects all bids, Total Peaking and
the current capacity holder may negotiate for continuation of
service under mutually satisfactory rates, terms, and conditions.
26. MARKETING AFFILIATE RULE COMPLIANCE PROCEDURES
26.1 Uniform Application. All terms and conditions contained in this
tariff shall be applied in a uniform and nondiscriminatory manner
without regard to affiliation of any entity to Total Peaking.
26.2 Comparability of Service. Total Peaking shall provide service
under rate schedules LSV, LNG, LNG-I, and LSV-I on a basis that
is equal in quality for all gas liquefied, stored, vaporized
and/or delivered under those rate schedules, regardless of the
identity of the Customer.
Sheet
Index Table CP96-339-001
Original Sheet No. 96 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
26. MARKETING AFFILIATE RULE COMPLIANCE PROCEDURES (Continued)
26.3 Shared Facilities and Employees. Total Peaking shares no
facilities or operating employees with any marketing
affiliate.
27. REMOVAL OF INVENTORY
27.1 Removal. If (a) a Customer's storage capacity is curtailed under
the terms of this tariff, (b) a Customer's storage capacity is
released or recalled from release under Section 23 of these
General Terms and Conditions, or (c) a Customer's service
agreement terminates, then Customer shall remove its LNG
inventory at the maximum rate achievable by Total Peaking's
facilities commencing (i) at the earliest practicable time
following notice by Total Peaking but no later than twenty-four
hours following such notice, in the event of curtailments; (ii)
upon the effectiveness of the release, in the event of a capacity
release under Section 23; (iii) at the time specified in the
notice of recall, in the event of a capacity recall under
Section 23; or (iv) upon the termination of the service
agreement, in the event of a termination. If the Customer fails
to so remove such LNG then Total Peaking may, at its option, take
title to such LNG free and clear of any adverse claims, in which
case Customer shall indemnify Total Peaking and hold it harmless
from all costs, damages, and liabilities arising out of the
failure of the Customer to remove such LNG and the disposal of
such LNG by Total Peaking, including storage charges under the
applicable rate schedule. In the event that, notwithstanding its
exercise of due diligence, Customer is inhibited from so
withdrawing its LNG, Total Peaking shall pay to Customer any net
proceeds from Total Peaking's sale of the LNG. Total Peaking
shall use reasonable efforts to maximize the sales price of such
LNG.
Sheet
Index Table RP03-495-000
Second Revised Sheet No. 97 : Effective
Superseding: First Revised Sheet No. 97
GENERAL TERMS AND CONDITIONS
(Continued)
27. REMOVAL OF INVENTORY (Continued)
27.2 Liability. Total Peaking shall not be taken to have breached its
obligations under any rate schedule, service agreement, or these
General Terms and Conditions of this tariff by reason of any
Customer's failure to remove its LNG under this Section 27 or
Total Peaking's inability to dispose of such inventory if it has
elected to take title to such inventory.
28. TERM OF EXECUTED SERVICE AGREEMENTS
28.1 Firm Service Agreements. The primary term to be covered by an
executed firm service agreement shall be as mutually agreed at
the time of execution. Upon the expiration of the primary term,
the term of such firm service agreement shall continue from year-
to-year until terminated either by Total Peaking or by Customer
upon twelve months prior written notice to the other specifying
a termination date at the end of such agreed period or any
yearly period thereafter unless the applicable service agreement
provides otherwise.
28.2 Interruptible Service Agreements. The primary term to be covered
by an executed interruptible service agreement shall be as
mutually agreed at the time of execution. Upon the expiration of
the primary term, the term of such interruptible service
agreement shall continue from month-to-month until terminated
either by Total Peaking or by Customer upon one month's prior
written notice to the other specifying a termination date at the
end of such agreed period or any monthly period thereafter unless
the applicable service agreement provides otherwise.
29. NORTH AMERICAN ENERGY STANDARDS BOARD
Total Peaking has adopted the following North American Energy Standards
Board definitions and standards (through version 1.6) which were
incorporated in 18 C.F.R. Section 284.12(b) in accordance with Order
No. 637 and Order No. 637-A, together with WGQ Recommendations R02002
and R02002-2.
Sheet
Index Table RP03-495-000
Second Revised Sheet No. 98 : Effective
Superseding: First Revised Sheet No. 98
1.1.6, 1.1.7, 1.1.8, 1.2.1, 1.2.2, 1.2.5, 1.2.13, 1.2.14, 1.2.15,
1.2.16, 1.2.17, 1.2.18, 1.2.19, 1.3.1, 1.3.2, 1.3.3, 1.3.4, 1.3.7,
1.3.15, 1.3.16, 1.3.20, 1.3.23, 1.3.24, 1.3.25, 1.3.27, 1.3.28, 1.3.29,
1.3.30, 1.3.31, 1.3.64, 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, 1.3.78, 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, 2.3.24, 2.3.25, 2.3.26,
2.3.27, 2.3.28, 2.3.29, 2.3.31, 2.3.36, 2.3.37, 2.3.38, 2.3.39, 2.3.40,
2.3.41, 2.3.42, 2.3.43, 2.3.44, 2.3.45, 2.3.46, 2.3.47, 2.3.48, 2.3.49,
2.3.50, 3.3.2, 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, 3.3.26, 4.3.1,
4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8, 4.3.9, 4.3.10, 4.3.11,
4.3.12,4.3.13, 4.3.14, 4.3.15, 5.1.2, 5.1.3, 5.1.4, 5.2.1, 5.2.2, 5.2.3,
5.3.5, 5.3.7, 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, 5.3.24, 5.3.41, 5.3.42, 5.3.44, 5.3.45, 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.
Sheet
Index Table RP00-496-001
1st Revised Sheet No. 99 : Effective
Superseding: Substitute Original Sheet No. 99
FORM OF REQUEST FOR STORAGE SERVICE
Customers seeking service from Total Peaking must submit a request for
service in the following form:
Total Peaking Services, L.L.C.
775 Oronoque Road
Milford, Connecticut 06460
Attn: Operating Manager
_________________________________ ("Customer") hereby requests storage
service from Total Peaking Services, L.L.C. ("Total Peaking") and hereby
provides the following information in connection with this request:
(a) Complete legal name of Customers:
______________________________________________________________
______________________________________________________________
(b) Type of legal entity and state of incorporation:
______________________________________________________________
______________________________________________________________
(c) Type of company:
____________ Interstate Pipeline
____________ Local Distribution Company
____________ Intrastate Pipeline
____________ Producer
____________ End-User
____________ Marketer
____________ Broker
____________ Other (describe)
(d) The specific affiliation of the party requesting service with
Total Peaking: ______________________________________________