| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 0 : Pending |
| FERC Gas Tariff | | Original Sheet No. 0 |
| Original Volume 1 |
FERC GAS TARIFF
Original Volume No. 1
of
CENTRAL NEW YORK OIL AND GAS COMPANY, LLC
Filed With The
Federal Energy Regulatory Commission
Communications Concerning This Tariff
Should Be Addressed To:
Jay C. Jimerson
General Counsel
Central New York Oil And Gas Company, LLC
One Leadership Square
Suite 1510
211 North Robinson
Oklahoma City, Oklahoma 73102-7101
(405) 235-0993
(405) 235-0992 (FAX)
e-mail: jcjimerson@earthlink.net
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 0 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
FERC GAS TARIFF
Original Volume No. 1
of
CENTRAL NEW YORK OIL AND GAS COMPANY, LLC
Filed With The
Federal Energy Regulatory Commission
Communications Concerning This Tariff
Should Be Addressed To:
Jay C. Jimerson
General Counsel
Central New York Oil And Gas Company, LLC
One Leadership Square
Suite 1510
211 North Robinson
Oklahoma City, Oklahoma 73102-7101
(405) 235-0993
(405) 235-0992 (FAX)
e-mail: jimerson@pcworx.com
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 1 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
TABLE OF CONTENTS
Original Volume No. 1 Sheet No.
TABLE OF CONTENTS 1
PRELIMINARY STATEMENT 2
SYSTEM MAP 3
CURRENTLY EFFECTIVE RATES 4
RATE SCHEDULE FSS 10
RATE SCHEDULE ISS 30
GENERAL TERMS AND CONDITIONS 70
SERVICE REQUEST FORM 120
FORM OF FSS SERVICE AGREEMENT 130
FORM OF ISS SERVICE AGREEMENT 136
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 2 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
PRELIMINARY STATEMENT
Central New York Oil And Gas Company, LLC ("CYNOG"), a
New York limited liability company, owns and causes to be
operated a natural gas storage facility and related
compression equipment and pipelines, collectively known as
the Stagecoach Storage Project, located in Tioga County, New
York. The Stagecoach Storage Project receives, injects,
stores, withdraws and delivers natural gas transported in
interstate commerce, and is accordingly a "natural-gas
company" subject to the jurisdiction of the Federal Energy
Regulatory Commission under the Natural Gas Act of 1938, as
amended, 15 U.S.C. 717-717w.
This Original Volume No. 1 of the FERC Gas Tariff of
CNYOG contains the Rates and Charges, Rate Schedules, Forms
of Service Agreements and the General Terms and Conditions
applicable to Storage Service performed by CYNOG pursuant to
the FSS and ISS Rate Schedules.
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 3 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
SYSTEM MAP
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 4 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
CURRENTLY EFFECTIVE RATES
FIRM STORAGE SERVICE (FSS)*
RATE UNITS
Deliverability Reservation Market Based/
$/dth
Rate Negotiable
Capacity Reservation Market Based/
$/dth
Rate Negotiable
Injection Rate Market Based/
$/dth
Negotiable
Overrun Injection Market Based/
$/dth
Rate Negotiable
Withdrawal Rate Market Based/
$/dth
Negotiable
Overrun Withdrawal Market Based/
$/dth
Rate Negotiable
Base Gas Rate Market Based/
$/dth
Negotiable
* All quantities of natural gas are measured in dekatherms
(dth)
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 5 : Effective |
| FERC Gas Tariff | | Original Sheet No. 5 |
| Original Volume 1 |
CURRENTLY EFFECTIVE RATES (Cont.)
INTERRUPTIBLE STORAGE SERVICE (ISS)*
RATE UNITS
Interruptible Storage Rate Market Based/ $/dth-day
Negotiable
ELECTRIC POWER AND USE/LOSS - FSS AND ISS
RATE UNITS
Seller's Injection Use Actual Incurred $/dth and %
(see below)
Seller's Withdrawal Use Actual Incurred $/dth and %
(see below)
Seller will bill Customer each Month for Seller's Injection
Use (i) for electric power used in Seller's operations at
the rate of $0.05 per dekatherm of the gas nominated for
injection on Customer's behalf during the preceding Month,
and (ii) for Gas lost or unaccounted for in Seller's
operations at the rate of one quarter of one percent (0.25%)
of the Gas nominated for injection on Customer's behalf in
the preceding Month. There will be no Seller's Withdrawal
Use assessed against withdrawals nominated on Customer's
behalf.
* All quantities of natural gas are measured in
dekatherms (dth).
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet Nos. 6-9 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
SHEET NOS. 6-9 RESERVED FOR FUTURE USE
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 10 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS
FIRM STORAGE SERVICE
1. AVAILABILITY
This Rate Schedule is available to any person,
corporation, partnership or any other party
(hereinafter referred to as "Customer") for the
purchase of natural gas storage service from Central
New York Oil And Gas Company, LLC (hereinafter referred
to as "Seller"), when:
(a) Seller has determined that it has sufficient
available and uncommitted storage capacity or
capacity released in accordance with Section 7 of
this Rate Schedule FSS to perform service
requested by Customer (Seller is not required to
provide any requested services for which it does
not have such available capacity, or that would
require Seller to construct or acquire new
facilities); and
(b) Customer and Seller have executed a Service
Agreement under this Rate Schedule.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all Storage Service
which is rendered by Seller for Customer pursuant to an
executed Agreement under this Rate Schedule.
Storage Service rendered by Seller under this Rate
Schedule shall consist of:
(a) The receipt of Gas on behalf of Customer at the Point
of Injection/Withdrawal at daily quantities up to the
Maximum Daily Injection Quantity plus Seller's Injection
Use;
(b) The Storage of Gas in quantities not to exceed the
Maximum Storage Quantity, except as provided for in Section
6 of this Rate Schedule; and
(c) The Tender for redelivery by Seller to or for
the account of Customer at the Point of
Injection/Withdrawal at a quantity not to exceed
Customer's Working Storage Gas at daily quantities
up to the Maximum Daily Withdrawal Quantity
reduced by Seller's Withdrawal Use.
(d) The receipt of Gas on behalf of Customer and
redelivery of Gas for the account of Customer in
excess of its applicable Maximum Daily Injection
Quantity and Maximum Daily Withdrawal Quantity on
a commercially reasonable efforts basis by Seller
when required to allow Customer full utilization
of its Maximum Storage Quantity.
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 11 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(e) Firm Storage Service under this Rate Schedule
shall be firm up to the Maximum Storage Quantity,
the Maximum Daily Injection Quantity and the
Storage Demand Withdrawal Quantity. The Maximum
Storage Quantity, the Maximum Daily Injection
Quantity and the Storage Demand Withdrawal
Quantity shall be specified in the executed
Service Agreement. Notwithstanding the foregoing,
Customer shall be permitted to inject or withdraw
Gas on a commercially reasonable efforts basis,
pursuant to Section 6 of this Rate Schedule FSS.
(f) Base Gas. Customer may elect by giving
Seller written notice no later than six (6) Months
prior to the commencement of the first Storage
Contract Year to provide a volume of Gas for use
by Seller as Base Gas equal to Customer's Base Gas
Quantity. Customer's Base Gas Quantity shall be
delivered hereunder at daily rates and times
within the ability of Customer to Tender for
delivery and the ability of Seller to receive and
store. Customer and Seller shall use their
commercially reasonable efforts to schedule the
delivery of Customer's Base Gas Quantity at
relatively uniform daily delivery rates prior to
the commencement of the first Storage Contract
Year, with such variations as may be mutually
agreed upon; provided however, all of Customer's
Base Gas Quantity must have been Tendered for
delivery by Customer not later than December 15th
of the first Storage Contract Year and Seller will
use its commercially reasonable efforts to accept
such Tendered Base Gas volumes on behalf of
Customer. In the event Customer fails to Tender
its Customer's Base Gas Quantity by December 15th,
of the first Storage Contract Year, Customer's
Working Storage Gas shall be reduced by a
sufficient volume so that the volume of the
reduction when added to the volume of Customer's
Base Gas Quantity actually delivered will equal
Customer's Base Gas Quantity, provided that if
after such reduction, the volume of Customer's
Base Quantity delivered is less than Customer's
Base Gas Quantity. Seller's obligation to receive
or redeliver Customer's Working Storage Gas shall
terminate until Customer has Tendered to Seller
all of Customer's Base Gas Quantity.
Seller shall redeliver Customer's Base Gas during
the eighteen month period, or such longer period if Customer
is unable to accept Gas for redelivery, following the end of
the term of Customer's Service Agreement at daily rates and
times within the ability of Seller to Tender for delivery
and Customer's ability to receive. In the event the Base
Gas storage capacity is needed to satisfy the requirements
of new or existing customers, Seller may retain any
quantities of Customer's Base Gas Quantity, free and clear
of any adverse claims, which Customer fails to withdraw
within 30 days of written notice by Seller of Seller's need
of the Base Gas storage capacity to meet other requirements.
If Seller is unable to Tender for delivery Customer's
properly nominated volumes on any Gas Day during the 30 day
period, the 30 day period shall be extended by the number of
days Seller is unable to tender the quantity of Gas
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 12 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
nominated for redelivery. In addition, if
Customer's Maximum Daily Withdrawal Quantity is
insufficient to allow total withdrawal of its Base
Gas Quantity within the 30 day period, that period
will be extended by the number of days necessary
for Customer's Maximum Daily Withdrawal Quantity
to achieve total withdrawal of the volumes.
Customer may mortgage, pledge or assign its
interest in Customer's Base Gas Quantity delivered
hereunder and redelivery will be made in
accordance with notification(s) reasonably
satisfactory to Seller of any such mortgages,
pledges or assignments by Customer and/or
successors in interest to Customer, but in no
event shall redelivery be made earlier than as
specified hereinabove.
3. GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of this Original
Volume No. 1 FERC Gas Tariff are applicable to this
Rate Schedule, and are specifically incorporated herein
by reference.
4. RATES AND CHARGES
The amounts which shall be paid by Customer to Seller
for each Month during the period of service hereunder
shall include the sum of the charges due under the
subsections of this Section 4 and charges under Section
5 that are applicable to Customer for such Month,
computed by use of the applicable rates set forth in
this Rate Schedule FSS and in the Customer's Agreement
which are effective during such Month or portions
thereof. Customer's Agreement will reflect the
negotiated rates and may or may not include each of the
billing components set forth below.
Each total rate computed for a specific transaction
shall be rounded to the nearest one tenth of a cent.
If, at initiation of service, service is provided for
only a portion of a Month, any applicable reservation
fee shall be prorated for the number of days that
service is provided.
4.1 Unless otherwise agreed to by Seller and
Customer the following Storage Charges will apply:
(a) Reservation Charges:
(1) The FSS Deliverability
Reservation Rate shall be paid each
Month for each Dekatherm of Customer's
Storage Demand Withdrawal Quantity.
(2) The FSS Capacity Reservation Rate shall
be paid each Month for each Dekatherm of Customer's Maximum
Storage Quantity.
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 13 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(3) If, due to Seller's
scheduling of necessary maintenance of
pipeline facilities, events of force
majeure, necessary maintenance of
compression facilities and/or facility
outages for tie-in of new facilities,
Seller fails to Tender for redelivery or
accept for storage injection at the
Point of Injection/Withdrawal for the
account of Customer during any Gas Day
the quantity of Gas that Customer has so
nominated for such Gas Day up to a
Customer's Maximum Daily Injection
Quantity or Maximum Daily Withdrawal
Quantity, as applicable, then subject to
the provisions of the General Terms and
Conditions, Customer's Monthly bill
shall be reduced by an amount equal to
the product of
(i):
((A x B)/C + D) / E
Where:
A = Deliverability Reservation Rate
B = Storage Demand Withdrawal
Quantity
C = Maximum Storage Quantity
D = Capacity Reservation Rate
E = The Number of Days in the Month
and
(ii): the difference
between such quantity of Gas nominated
for injection or withdrawal up to the
Maximum Daily Injection Quantity or
Maximum Daily Withdrawal Quantity, as
applicable, and the applicable quantity
actually injected or withdrawn by Seller
for the account of Customer during such
Gas Day. Such reductions of Seller's
Reservation Charges shall not be
applicable if Seller and Customer agree
upon and place into effect the makeup of
such injection deficiency or withdrawal
deficiency under mutually acceptable
terms.
(b) Commodity Charge: The Injection/Withdrawal Rate shall
be paid each Month for each Dekatherm of Gas which is
delivered to or for the account of Customer and each
Dekatherm of Gas Customer delivers or causes to be delivered
at the Point of Injection/Withdrawal during the Month. Such
charges shall be applicable both on injection and on
withdrawal
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 14 : Effective |
| FERC Gas Tariff | | Original Sheet No. 14 |
| Original Volume 1 |
4.2 Overrun Service Charge: An Overrun Charge shall be paid
for each Dekatherm of service provided on behalf of Customer
pursuant to Section 6 of this Rate Schedule. As set forth
in the Customer's Agreement, the Overrun Service Charge
shall consist of the Overrun Injection Rate for each
Dekatherm of Gas the Customer delivers or causes to be
delivered at the Point of Injection/Withdrawal in excess of
the Customer's Maximum Daily Injection Quantity and the
Overrun Withdrawal Rate for each Dekatherm of Gas which is
delivered to or for the account of the Customer in excess of
the Customer's Maximum Daily Withdrawal Quantity.
4.3 Seller's Use Charge: Seller will bill Customer each
Month for Seller's Injection Use (i) for electric power used
in Seller's operations at the rate of $0.05 per dekatherm of
the gas nominated for injection on Customer's behalf during
the preceding Month, and (ii) for Gas lost or unaccounted
for in Seller's operations at the rate of one quarter of one
percent (0.25%) of the Gas nominated for injection on
Customer's behalf in the preceding Month. There will be no
Seller's Withdrawal Use assessed against withdrawals
nominated on Customer's behalf.
4.4 Base Gas Charge:
(a) Each Customer under Rate Schedule FSS who
does not elect to furnish Base Gas shall pay the Base Gas
Charge each Month for each Dekatherm of Customer's Maximum
Storage Quantity;
(b) Customer, however, shall have the option,
exercisable from time to time by giving Seller at least 30
days prior notice after storage operations commence, to
provide all or a portion of Customer's Base Gas Quantity, by
means of purchase thereof in place from Seller;
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 15 : Effective |
| FERC Gas Tariff | | Original Sheet No. 15 |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(c) The amount to be paid for Customer's Base Gas
Quantity to be purchased in place from Seller shall be
determined by multiplying Customer's Base Gas Quantity by
the higher of (i) Seller's average net book cost per dth for
injected Base Gas, or (ii) the monthly average of the quotes
for Dominion Transmission - North Point as published in
Inside FERC for the month in which Seller receives such
notice from Customer (or other mutually agreed upon
publication in the event that Inside FERC discontinues
publishing such quotes);
(d) Customer shall pay Seller for purchase of the
amount due for Customer's Base Gas Quantity within 30 days
of the receipt of Seller's invoice therefor; and
(e) Effective on the first Gas Day of the Month
after payment of the amount invoiced for Customer's Base Gas
Quantity, Seller shall cease charging the FSS Base Gas
Charge to Customer, on the portion of Customer's Base Gas
Quantity purchased by Customer.
5. ADDITIONAL CHARGES
5.1 Commission and Other Regulatory Fees: Customer
shall reimburse Seller for all fees required by the
Commission or any other regulatory body which are related to
service provided under this Rate Schedule including, but not
limited to, filing, reporting and application fees and the
Commission's Annual Charge Adjustment ("ACA").
5.2 Other Charges: Customer shall pay any other
charges applicable to service hereunder authorized by the
Commission or any other successor agency having
jurisdiction.
6. STORAGE OVERRUN SERVICE
6.1 Customer may request Seller to inject quantities
greater than Customer's Maximum Daily Injection Quantity.
If Seller has injection capacity available, Seller shall
inject such quantities and Customer shall pay Seller for
such injections at the Overrun Injection Rate set forth in
Customer's Agreement.
6.2 Customer may request Seller to withdraw quantities
greater than Customer's Maximum Daily Withdrawal Quantity.
If Seller has withdrawal capacity available, Seller shall
withdraw such quantities and Customer shall pay Seller for
such withdrawals at the Overrun Withdrawal Rate set forth in
Customer's Agreement.
6.3 Customer may not inject gas into storage pursuant
to this rate schedule if the quantity of Customer's Gas in
storage equals Customer's Maximum Storage Quantity.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 16 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
6.4 Customer may not withdraw Gas from storage in
excess of the quantity of Customer's Working
Storage Gas that is actually in storage at any
given time.
6.5 Seller shall have the right to interrupt all
or part of the overrun quantity nominated as the
operation of its storage facilities may require
pursuant to Section 4 of the General Terms and
Conditions of this FERC Gas Tariff in which event
Seller shall notify Customer.
7. CAPACITY RELEASE
Any Customer or Replacement Customer under Rate
Schedule FSS shall be entitled to release all or a
portion of its capacity to Seller for resale.
Additionally, Customer may release its capacity on a
volumetric basis.
Any Customer or Replacement Customer releasing capacity
will be designated as a Releasing Customer. Any person
purchasing released capacity shall be designated as a
Replacement Customer. Any Customer that wants to
release capacity must notify Seller that it wants to
release capacity and the terms and conditions of such
release.
7.1 PROCEDURE FOR MAKING OFFER TO RELEASE.
(a) Releasing Customer shall
communicate its release notice through
Seller's EBB. The Releasing Customer shall
submit the following information, objectively
stated and applicable to all potential
Customers on a non-discriminatory basis:
(1) the pricing provisions of
the offer to release; any
maximum/minimum rates specified by the
Releasing Customer should include the
tariff reservation rate and all demand
surcharges as a total number or as
stated separately;
(2) the specific quantity to be released in
dth expressed as a numeric quantity only; the basis for
released quantity should be per Day for storage injection or
storage withdrawal, and a per-release quantity for storage
capacity and total release period quantity (Releasing
Customer in establishing terms for capacity release shall
not be limited to the service categories set forth in
Section 9; Releasing Customer may release quantities up to
the Maximum Daily Injection Quantity, Storage Demand
Withdrawal Quantity, and Maximum Storage Quantity set forth
in Releasing Customer's Service Agreement);
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 17 : Pending |
| FERC Gas Tariff | | Original Sheet No. 17 |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(3) the duration of release or term including any
right to recall;
(4) the terms and conditions of any recall rights;
(5) whether the release is on a permanent or
temporary basis;
(6) the length of time the offer to release should
be posted for bidding on Seller's EBB;
(7) whether there are any reput rights;
(8) any other conditions or contingencies of the
offer to release, including nondiscriminatory
provisions necessary to evaluate bids; and the tie
breaking criteria, provided, however, that bid
evaluations will be limited to highest rate, net
revenue and present value;
(9) the legal name of the Replacement Customer that
is designated in any Pre-Arranged Release
("Designated Replacement Customer");
(10) the bid evaluation method; and
(11) for volumetric releases, any minimum volumetric
commitment.
(b) Seller's creditworthiness standards shall apply to
any potential Replacement Customer and Releasing
Customer shall not establish its own creditworthiness
standards for bidding customer.
(c) Releasing Customer may withdraw any existing offer
to release, if a valid and acceptable bid has not been
received. Releasing Customer shall be subject to the
provisions of Section 8 of this Rate Schedule prior to
the commencement of the Agreement with Replacement
Customer. Releasing Customer has
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 17 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(3) the duration of release or term
including any right to recall;
(4) the terms and conditions
of any recall rights. Recalls shall not
be for less than one (1) Gas Day.
Releasing Customer may only recall such
released capacity that Replacement
Customer has not filled. If Releasing
Customer wishes to recall capacity to be
effective for a Gas Day, it must provide
notice to Seller and the Replacement
Customer no later than 8:00 a.m. Central
Clock Time on the nomination Day. The
Releasing Customer shall make such
recall by notifying Seller in writing of
such recall and by submitting a
nomination change to Seller, pursuant to
Section 4.1 of the General Terms and
Conditions of this FERC Gas Tariff;
(5) whether the release is on a permanent or
temporary basis;
(6) the length of time the
offer to release should be posted for
bidding on Seller's EBB;
(7) whether there are any reput rights;
(8) any other conditions or
contingencies of the offer to release,
including nondiscriminatory provisions
necessary to evaluate bids; and the tie
breaking criteria, provided, however,
that bid evaluations will be limited to
highest rate, net revenue and present
value;
(9) the legal name of the
Replacement Customer that is designated
in any Pre-Arranged Release ("Designated
Replacement Customer");
(10) the bid evaluation method; and
(11) for volumetric releases, any minimum
volumetric commitment.
(b) Seller's creditworthiness standards
shall apply to any potential Replacement
Customer and Releasing Customer shall not
establish its own creditworthiness standards
for bidding customer.
(c) Releasing Customer may withdraw any existing
offer to release, if a valid and acceptable bid has not been
received. Releasing Customer shall be subject to the
provisions of Section 8 of this Rate Schedule prior to the
commencement of the Agreement with Replacement Customer.
Releasing Customer has
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Substitute Original Sheet No. 18 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
the right to withdraw its offer to
release during the bid period via the EBB or
EDM, where unanticipated circumstances
justify such withdrawal and no minimum bid
has been made. Releasing Customer shall have
the option to accept contingent bids which
extend beyond the close of the bidding
period. Releasing Customer cannot extend the
original bid period or the pre-arranged deal
Matching Period without posting a new
release. Re-release of Released Capacity
shall be allowed on the same terms and basis
as the primary release (except for volumetric
releases that may not be re-released).
(d) CAPACITY RELEASE TIMELINE. The
"Capacity Release Timeline" set forth below
is applicable to all parties of the Capacity
Release process; however it is only
applicable if: (1) all information provided
by parties to the transaction is valid and
Replacement Customer has been determined to
be creditworthy before the capacity release
bid is tendered and (2) the release contains
no special terms or conditions of the
release.
(i) SHORT TERM RELEASES (less
than 5 months) - the following
information is required at time stated,
all listed times are Central Clock Time:
(a) Offers must be
tendered by 1:00 p.m. on the day
before nominations for short-term
releases;
(b) Open season
ends no later than 2:00 p.m. on the
day before nominations are due
(evaluation period begins at 2:00
p.m. during which contingency is
eliminated, determination of best
bid is made, and ties broken);
(c) evaluation period ends at 3:15
p.m.;
(d) match or award is communicated by
3:15 p.m.;
(e) match response by 4:00 p.m.;
(f) award posting by 5:00 p.m.;
(g) contract tendered with contact
number within one hour of the award of released capacity;
nomination possible at the first opportunity pursuant to
Section 4 of the General Terms and Conditions of this Tariff
following the award of released capacity.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 19 : Effective |
| FERC Gas Tariff | | Original Sheet No. 19 |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(ii) LONG TERM RELEASES (5 months or more) - The
Capacity Release Timeline set forth above also applies to
long term releases, except that offers of capacity must be
posted on the EBB no later than 1:00 p.m. Central Clock
Time, four (4) Business Days before capacity is awarded.
(e) COMPETITIVE BIDDING PROCEDURE. Bids may be
submitted by potential Replacement Customers via the EBB
during the posting period. Seller shall post the terms of
each complete bid, but will not post the identity of the
bidder. Posted bids will be accessible via EDM. Seller
will also require all information set forth in Section 2 of
the General Terms and Conditions of this FERC Gas Tariff.
Upon expiration of the offer, Seller shall remove such offer
of release from its EBB.
Potential Replacement Customers may withdraw
their posted bids at any time during the bidding period via
the EBB or EDM. Bids posted by potential Replacement
Customers are binding until written or electronic notice of
withdrawal is received by Seller. Potential Replacement
Customers cannot withdraw bids after the bidding period
ends. Such potential Replacement Customers may not post
another bid for the same capacity lower than their previous
bid.
(f) PRE-ARRANGED RELEASE
(i) Releasing Customer shall have the right
to release capacity to a Pre-Arranged Replacement Customer
without posting an offer on the EBB if: (1) the Replacement
Customer confirms via the EBB the terms and conditions of
the Pre-Arranged Release; and (2) the release is for less
than 31 Days. If Releasing Customer exercises such right,
it must notify Seller prior to the nomination of the
released entitlements, and the Replacement Customer shall
adhere to the contracting requirements. The Replacement
Customer shall meet any eligibility requirements under this
Section 7. For capacity release not subject to posting and
bidding, Replacement Customer shall have the right to submit
Nominations to Seller at the next scheduled opportunity
pursuant to Section 4 of the General Terms and Conditions of
Seller's FERC Gas Tariff following notification to Seller of
such prearranged capacity release and Seller will tender to
Replacement Customer within one hour of such notification a
contract with contract number regarding such capacity
release.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 20 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(ii) Matching Rights. A Pre-
Arranged Replacement Customer shall have the
right of first refusal for a time period as
negotiated by the Releasing Customer and the
Pre-Arranged Replacement Customer ("Matching
Period"). If no Matching Period has been
negotiated, the Matching Period will be
deemed to be one (1) hour following the time
the Pre-Arranged Replacement Customer has
been notified of the winning bid. In the
event a bid is received that more closely
meets the criteria specified by the Releasing
Customer, Seller shall provide the Pre-
Arranged Replacement Customer an opportunity
during the Matching Period to match or exceed
the bid that more closely meets the criteria
specified by the Releasing Customer. No
later than 3:15 p.m. Central Clock Time of
the Day prior to the Day nominations are due,
the Pre-Arranged Replacement Customer shall
receive notification on the EBB of the terms
and conditions of the prevailing bid and
shall have the Matching Period to respond via
the EBB. No later than 4:00 p.m. Central
Clock Time of the Day prior to the Day
nominations are due, the Replacement Customer
shall post on the EBB its match response.
Absent a response, the capacity shall be
awarded to the prevailing bidder no later
than 5:00 p.m. Central Clock Time on the Day
prior to the Day nominations are due.
(g) Released Capacity will be awarded
no later than 5:00 p.m. Central Clock Time of
the Day prior to nomination Day. The
capacity will be awarded to the Replacement
Customer which otherwise satisfies the
requirements of this FERC Gas Tariff and also
meets all of the conditions of the offer to
release capacity. In the case of multiple
bid winners, the highest ranking bid will
receive the entire maximum amount of capacity
bid. The next highest ranking bidder will
receive the remainder of the offered capacity
provided that the amount remaining is above
the bidder's minimum acceptable quantity.
Any remaining capacity will be awarded to the
next highest bidder under the same provisions
as above. This process will repeat until
either all of the offered capacity is
awarded or the remaining capacity falls below
either the Releasing Customer's minimum
quantity or all of the remaining bidder's
acceptable quantities. Seller shall not be
required to contract with parties submitting
bids that do not meet the conditions of the
offer to release capacity, however, subject
to approval of Releasing Customer, Seller may
accept bids offering a
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 21 : Pending |
| FERC Gas Tariff | | Original Sheet No. 21 |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
price or term less than that set forth in the
release. Bids will be evaluated by the criteria
provided by the Releasing Customer. If no
criteria are provided by the Releasing Customer,
bids will be accepted in the order of priority
based upon the highest economic value offered by
the competing bids as defined in Section 10 of the
General Terms and Conditions of this FERC Gas
Tariff. The ultimate awarding of the capacity
will be posted subsequently on Seller's EBB by
5:00 p.m. Central Clock Time on the Day before
nomination Day, unless bidder was a contingent
bidder and the contingency did not occur. Seller
will tender a numbered Agreement to the winning
bidder by 10:00 a.m. Central Clock Time of the Day
nominations are due, and the winning bidder shall
enter into an Agreement with Seller pursuant to
Section 7.4. Seller is required to meet the
Capacity Release Timeline for processing capacity
releases only if the Releasing Customer's best bid
methodology is either: (1) highest rate, (2)
highest net revenue, or (3) greatest net present
value. In all cases, Replacement Customers will
be subject to all requirements of this Tariff.
Storage Service to the Replacement Customer may
commence, prior to the posting of the winning bid,
if capacity has been awarded and a contract
executed.
(h) Recall/Reput Rights
(i) A Releasing Customer cannot in any way
modify recall rights as specified by a previous
Releasing Customer, but may specify its own
recall rights, subject to any recall rights
specified by a previous Releasing Customer. A
potential Replacement Customer is responsible
for obtaining from the Releasing Customer with
whom it is negotiating for released capacity
any information concerning recall rights
specified by a previous Releasing Customer. A
Releasing Customer specifying recall conditions
shall be the only party that can exercise and
administer such recall rights. In the event of
any conflict, the instructions and
communications of the Releasing Customer
specifying the recall conditions shall govern.
If the release specifies that the Releasing
Customer has reput rights and the recall ends
prior to the end of the release term at the end
of the recall period, capacity shall revert
back to the Replacement Customer, if
applicable, subject to Seller's nomination
procedures.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 21 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
price or term less than that set
forth in the release. Bids will be evaluated
by the criteria provided by the Releasing
Customer. If no criteria are provided by the
Releasing Customer, bids will be accepted in
the order of priority based upon the highest
economic value offered by the competing bids
as defined in Section 10 of the General Terms
and Conditions of this FERC Gas Tariff. The
ultimate awarding of the capacity will be
posted subsequently on Seller's EBB by 5:00
p.m. Central Clock Time on the Day before
nomination Day, unless bidder was a
contingent bidder and the contingency did not
occur. Seller will tender a numbered
Agreement to the winning bidder by 10:00 a.m.
Central Clock Time of the Day nominations are
due, and the winning bidder shall enter into
an Agreement with Seller pursuant to Section
7.4. Seller is required to meet the Capacity
Release Timeline for processing capacity
releases only if the Releasing Customer's
best bid methodology is either: (1) highest
rate, (2) highest net revenue, or (3)
greatest net present value. In all cases,
Replacement Customers will be subject to all
requirements of this Tariff. Storage Service
to the Replacement Customer may commence,
prior to the posting of the winning bid, if
capacity has been awarded and a contract
executed.
(h) Recall/Reput Rights
(i) A Releasing Customer
cannot in any way modify recall rights
as specified by a previous Releasing
Customer, but may specify its own recall
rights, subject to any recall rights
specified by a previous Releasing
Customer. A potential Replacement
Customer is responsible for obtaining
from the Releasing Customer with whom it
is negotiating for released capacity any
information concerning recall rights
specified by a previous Releasing
Customer. A Releasing Customer
specifying recall conditions shall be
the only party that can exercise and
administer such recall rights. In the
event of any conflict, the instructions
and communications of the Releasing
Customer specifying the recall
conditions shall govern. Released
capacity can only be recalled for full
pipeline days and the party recalling
the capacity shall be subject to
Seller's nomination procedures, in
accordance with Section 4 of the General
Terms and Conditions of this FERC Gas
Tariff. If the release specifies that
the Releasing Customer has reput rights
and the recall ends prior to the end of
the release term at the end of the
recall period, capacity shall revert
back to the Replacement Customer, if
applicable, subject to Seller's
nomination procedures.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 21A : Pending |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(ii) Releasing shippers may, to the extent
permitted as a condition of the capacity
release, recall released capacity (scheduled or
unscheduled) at the Timely Nomination cycle and
the Evening Nomination cycle, and recall
unscheduled released capacity at the Intra-Day
1 and Intra-Day 2 Nomination cycles by
providing notice to the Transporter by the
following times for each cycle: 8 a.m. CCT for
the Timely Nomination cycle; 5:00 p.m. CCT for
the Evening Nomination Cycle; 8 a.m. CCT for
the Intra-Day 1 Nomination cycle, and 3:00 p.m.
for the Intra-Day 2 Nomination cycle.
Notification to replacement shippers provided
by Transporter within one hour of receipt of
recall notification.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 22 : Pending |
| FERC Gas Tariff | | Original Sheet No. 22 |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(iii) Seller shall have no liability to any party
in relying on the recall instructions and
conditions specified by the Releasing Customer,
except to the extent that such party
establishes that Seller has incorrectly applied
such instructions as a result of the negligent
action or willful misconduct of Seller.
7.2 EXECUTION OF SERVICE AGREEMENT. Once the
provisions of this Section 7 are satisfied, and as
a condition precedent to receiving service pursuant
to a capacity release, Replacement Customer shall
execute a Service Agreement with Seller.
7.3 BILLING ADJUSTMENT. Releasing Customer shall
remain fully obligated under the terms of its
Service Agreement with Seller during any capacity
release except for Usage Charges incurred by any
Replacement Customer that has purchased capacity
released by the Releasing Customer. Seller shall
credit the invoice of Releasing Customer each Month
for the Deliverability and Capacity charges and
volumetric rates invoiced, by Seller to Replacement
Customer provided, however, that such credit:
(a) shall not include any charges
billed to the Replacement Customer under
Section 5 of this Rate Schedule or Rate
Schedule ISS, and
(b) shall be reduced by the amount of
any marketing fee Seller is entitled to
collect pursuant to Section 7.4 of this
Rate Schedule.
If a Replacement Customer fails to pay all or any
part of its charges under the Deliverability
Reservation Rate, Capacity Reservation Rate or
Base Gas Rate which have been credited to
Releasing Customer within fifteen (15) days of the
due date, such unpaid amount, with applicable
interest accruing from the date Replacement
Customer's payment was due, will be charged to the
Releasing Customer's next monthly bill and will be
due and payable by Releasing Customer, unless
Replacement Customer in good faith shall dispute
the billed charges in accordance with the
provisions set forth in Section 8.2 of the General
Terms and Conditions of this FERC Gas Tariff. If
such failure to pay continues for thirty (30) days
after payment is due, and the Replacement Customer
has not disputed billings in accordance with
Section 8.2 of the General Terms and Conditions of
this FERC Gas Tariff, then Seller may, in addition
to any other remedies it may have hereunder,
terminate its Agreement with the Replacement
Customer, and the Replacement Customer shall be
deemed to have consented to abandonment of service
under the Agreement. If the Agreement with the
Replacement Customer is so terminated and service
abandoned, the capacity will
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 22 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(ii) Seller shall have no
liability to any party in relying on the
recall instructions and conditions
specified by the Releasing Customer,
except to the extent that such party
establishes that Seller has incorrectly
applied such instructions as a result of
the negligent action or willful
misconduct of Seller.
7.2 EXECUTION OF SERVICE AGREEMENT. Once the
provisions of this Section 7 are satisfied, and as
a condition precedent to receiving service
pursuant to a capacity release, Replacement
Customer shall execute a Service Agreement with
Seller.
7.3 BILLING ADJUSTMENT. Releasing Customer shall
remain fully obligated under the terms of its
Service Agreement with Seller during any capacity
release except for Usage Charges incurred by any
Replacement Customer that has purchased capacity
released by the Releasing Customer. Seller shall
credit the invoice of Releasing Customer each
Month for the Deliverability and Capacity charges
and volumetric rates invoiced, by Seller to
Replacement Customer provided, however, that such
credit:
(a) shall not include any charges
billed to the Replacement Customer under
Section 5 of this Rate Schedule or Rate
Schedule ISS, and
(b) shall be reduced by the amount of
any marketing fee Seller is entitled to
collect pursuant to Section 7.4 of this Rate
Schedule.
If a Replacement Customer fails to pay all or any
part of its charges under the Deliverability Reservation
Rate, Capacity Reservation Rate or Base Gas Rate which have
been credited to Releasing Customer within fifteen (15)
days of the due date, such unpaid amount, with applicable
interest accruing from the date Replacement Customer's
payment was due, will be charged to the Releasing Customer's
next monthly bill and will be due and payable by Releasing
Customer, unless Replacement Customer in good faith shall
dispute the billed charges in accordance with the provisions
set forth in Section 8.2 of the General Terms and Conditions
of this FERC Gas Tariff. If such failure to pay continues
for thirty (30) days after payment is due, and the
Replacement Customer has not disputed billings in accordance
with Section 8.2 of the General Terms and Conditions of this
FERC Gas Tariff, then Seller may, in addition to any other
remedies it may have hereunder, terminate its Agreement with
the Replacement Customer, and the Replacement Customer shall
be deemed to have consented to abandonment of service under
the Agreement. If the Agreement with the Replacement
Customer is so terminated and service abandoned, the
capacity will
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 23 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
revert to the Releasing Customer, and will be
governed by the terms and conditions of its
existing Service Agreement with Seller. If
Releasing Customer pays delinquent amounts owed by
Replacement Customer and Seller subsequently
receives payment from Replacement Customer of some
or all of such amounts, Seller will credit the
amounts received from the Replacement Customer in
Seller's next monthly bill to the Releasing
Customer. Until the delinquent amounts are paid,
neither Releasing Customer nor the Replacement
Customer will be absolved of responsibility for
paying such amount.
7.4 MARKETING FEE. Seller may negotiate with
Releasing Customer to market all or a portion of
the released capacity to potential Replacement
Customers who, as a result of such marketing
activity, bid for such capacity during the
competitive bidding procedure. If Seller
contracts with a Replacement Customer found by
Seller, Seller shall be entitled to a marketing
fee which will be negotiated between Seller and
Releasing Customer, such marketing fee to be
deducted monthly from credits due Releasing
Customer with respect to each dth of capacity
purchased by the Replacement Customer. Each
Replacement Customer found by Seller shall submit
with its bid a statement attesting to Seller's
marketing efforts in connection with such
Replacement Customer's decision to purchase
released capacity. Such statement shall
constitute conclusive evidence of Seller's
proactive marketing effort entitling Seller to a
marketing fee.
7.5 TERM. Any release under this Section 7 for
service under Rate Schedule FSS shall be for a
maximum term not longer than the remaining term of
the underlying FSS Service Agreement.
7.6 VOLUMETRIC RELEASE. Customer may release
capacity on a volumetric basis, provided that:
(a) all requirements and conditions of
the release be specified by the Releasing
Customer in the release notice, including any
minimum storage volume requirement;
(b) the requirements and conditions specified by
Releasing Customer must meet all of the requirements and
conditions of Seller's First Revised Volume No. 1 FERC Gas
Tariff;
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 24 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
(c) Seller will bill the volumetric
rate for release established by the
volumetric release for volumes actually
injected into storage by Seller for the
account of Replacement Customer or the
minimum storage volume requirement if actual
injected volumes are less than the required
minimum storage requirement; and
(d) Replacement Customer shall remain
fully responsible for all Usage Charges
incurred.
7.7 Releases of 31 Days or Less. Capacity
Releases and Pre-Arranged Releases for a period of
31 Days or less need not comply with Section 7.1.
Notices of releases shall be posted on Seller's
EBB within forty-eight (48) hours after release
transaction commences. Releases of a period of 31
Days or less may not roll-over, extend, or
continue in any way without complying with Section
7.1, and may not be re-released to the same
Replacement Customer until twenty eight (28) Days
after the first release period has ended.
7.8 All potential Replacement Customers that
desire to bid on released capacity must pre-
qualify with Seller by submitting the information
required in a Service Request Form and by
demonstrating creditworthiness in the same manner
and subject to the same standards and procedures
as required for Customers under Rate Schedule FSS.
Once the conditions of this Tariff are met and the
terms and conditions specified in the Releasing
Customer's offer to release are met, the
Replacement Customer will then be considered as
any other Customer on Seller's system. Any such
Replacement Customer must comply with all
provisions of Seller's FERC Gas Tariff. Prior to
the commencement of service pursuant to any
release request, the Replacement Customer shall
submit to Seller, in accordance with Section 2.1
of the General Terms and Conditions of this FERC
Gas Tariff, a check in an amount equal to the
lesser of $10,000 or the aggregate reservation
charges which would be due for two Months of
released service.
8. GAS IN STORAGE AFTER TERMINATION OF AGREEMENT
If a Customer that has not renewed its FSS Service
Agreement, or that has released storage capacity, fails to
withdraw its Working Storage Gas by the date such FSS
Agreement terminates or the capacity release becomes
effective, then, at Seller's option, and upon forty-eight
(48) hours notice, Customer will be deemed to have agreed to
the Storage of such remaining Working Storage Gas under Rate
Schedule ISS or at Seller's option, Seller may retain any
remaining quantities of Working Storage Gas free and clear
of any adverse claims; provided however, that Seller will
notify Customer in writing prior to November 1 of the
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 25 : Pending |
| FERC Gas Tariff | | Original Sheet No. 25 |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
Storage Contract Year in which the term of its FSS
Agreement will expire of the quantity of Working
Storage Gas being held by Seller for Customer's account
and the above options available to Seller in the event
Customer fails to withdraw all of its Working Storage
Gas by the end of said Storage Contract Year. In the
event Seller is unable to withdraw Customer's properly
nominated volumes, up to the Customer's Maximum Daily
Withdrawal Quantity, on any Gas Day during the last
Storage Year prior to the expiration of the Agreement,
then the term of the Agreement shall be extended by the
number of days Seller is unable to tender quantities of
Gas for redelivery.
9. DEFINITIONS
9.1 The term "Maximum Daily Injection Quantity"
shall mean: one-half of the Storage Demand
Withdrawal Quantity.
9.2 The term "Maximum Daily Withdrawal Quantity"
shall mean the quantity calculated pursuant to the
following table:
Number of
Consecutive
% of Maximum Days at Maximum
Daily
Service Category Storage Quantity
Withdrawal Quantity*
1 10.00% 10
2 5.00% 20
3 3.33% 30
4 1.67% 60
5 1.00% 100
* Withdrawals of duration in excess of the
above number of consecutive days shall be
considered Overrun Service pursuant to Section 6.
9.3 The term "Storage Demand Withdrawal Quantity"
shall mean the quantity calculated pursuant to the
following table:
Service Category % of Maximum Storage
Quantity
1 10.00%
2 5.00%
3 3.33%
4 1.67%
5 1.00%
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 25 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
Contract Year in which the term of its FSS Agreement
will expire of the quantity of Storage Volumes being
held by Seller for Customer's account and the above
options available to Seller in the event Customer fails
to withdraw all of its Working Storage Gas by the end
of said Storage Year. In the event Seller is unable to
withdraw Customer's properly nominated volumes, up to
the Customer's Maximum Daily Withdrawal Quantity, on
any Gas Day during the last Storage Year prior to the
expiration of the Agreement, then the term of the
Agreement shall be extended by the number of days
Seller is unable to tender quantities of Gas for
redelivery.
9. DEFINITIONS
9.1 The term "Maximum Daily Injection Quantity"
shall mean: one-half of the Storage Demand
Withdrawal Quantity.
9.2 The term "Maximum Daily Withdrawal Quantity"
shall mean the quantity calculated pursuant to the
following table:
Number of Consecutive
% of Maximum Days at Maximum
Daily
Service Category Storage Quantity
Withdrawal Quantity*
1 10.00% 10
2 5.00% 20
3 3.33% 30
4 1.67% 60
5 1.00% 100
* Withdrawals of duration in excess of the
above number of consecutive days shall be
considered Overrun Service pursuant to Section 6.
9.3 The term "Storage Demand Withdrawal Quantity"
shall mean the quantity calculated pursuant to the
following table:
Service Category % of Maximum Storage
Quantity
1 10.00%
2 5.00%
3 3.33%
4 1.67%
5 1.00%
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 26 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE FSS (continued)
9.4 The term "Permanent Capacity Release" shall
mean the release of capacity by the Customer for
the remaining term of its Service Agreement with
Seller. If (i) the terms and conditions of the
new service agreement with the Replacement
Customer are at least as favorable to Seller as
the agreement between Seller and the Releasing
Customer, and (ii) the Replacement Customer is at
least as creditworthy as the Releasing Customer,
Releasing Customer shall not be liable for any
charges incurred by the Replacement Customer after
the Permanent Capacity Release. Replacement
Customer shall be subject to all terms of this
FERC Gas Tariff.
9.5 The term "Customer's Base Gas Quantity" shall
mean the quantity of gas which the Customer
supplies to Seller determined by multiplying
Customer's Maximum Storage Quantity by Seller's
actual Base Gas to working capacity ratio.
9.6 The term "Storage Contract Year" shall mean
the period from April 1 of a calendar year through
March 31 of the following calendar year.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet Nos. 27-29 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
SHEET NOS. 27-29 RESERVED FOR FUTURE USE
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 30 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE ISS
INTERRUPTIBLE STORAGE SERVICE
1. AVAILABILITY
This Rate Schedule is available to any person,
corporation, partnership or any other party
(hereinafter referred to as "Customer") for the
purchase of natural gas storage service from Central
New York Oil And Gas Company, LLC (hereinafter referred
to as "Seller"), when Customer and Seller have executed
a Service Agreement under this Rate Schedule.
2. APPLICABILITY AND CHARACTER OF SERVICE
This Rate Schedule shall apply to all Storage Service
which is rendered by Seller for Customer pursuant to an
executed Service Agreement under this Rate Schedule.
Storage Service rendered by Seller under this Rate
Schedule shall consist of:
(a) The receipt of Gas on behalf of Customer at
the Point of Injection/Withdrawal up to the
Maximum Storage Quantity plus Seller's Injection
Use at daily quantities up to the Maximum Daily
Injection Quantity plus Seller's Injection Use;
(b) The Storage of Gas in quantities not to exceed the
Maximum Storage Quantity; and
(c) The Tender of Gas to or for the account of
Customer at the Point of Injection/Withdrawal at a
quantity not to exceed Customer's Working Storage
Gas reduced by Seller's Withdrawal Use at daily
quantities up to the Maximum Daily Withdrawal
Quantity reduced by Seller's Withdrawal Use.
Storage Service rendered under this Rate Schedule shall
be interruptible, and shall be available only when
capacity is not being used for injection, storage and
withdrawal of higher priority services. Such
interruptible service shall be offered in accordance
with the provisions established in the General Terms
and Conditions of this Tariff.
Seller may, if storage capacity is required by
Customers having a higher priority, require Customer to
withdraw quantities held in storage by Seller for or on
behalf of Customer under Rate Schedule ISS within the
lesser of thirty (30) days, or the number of days equal
to the term of Customer's ISS Service Agreement, of the
date notice is provided to Customer by Seller.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 31 : Effective |
| FERC Gas Tariff | | Original Sheet No. 31 |
| Original Volume 1 |
RATE SCHEDULE ISS (continued)
3. GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of this Original
Volume No. 1 FERC Gas Tariff are applicable to this Rate
Schedule and are specifically incorporated herein by
reference.
4. RATES AND CHARGES
The amounts which shall be paid by Customer to Seller
for each Month during the period of service hereunder shall
include the sum of the amounts due under the subsections of
this Section 4 and charges under Section 5 that are
applicable to Customer for such Month, computed by use of
the applicable rates set forth on in the Customer's ISS
Service Agreement which are effective during such Month or
portions thereof. Each total rate computed for a specific
transaction shall be rounded to the nearest one tenth of a
cent.
4.1 Interruptible Service Charge: An Interruptible
Storage Charge shall be paid for each Day calculated as the
Interruptible Storage Rate times the maximum volume in
Dekatherms which is stored for or on behalf of Customer
during the Day.
4.2 Seller's Use Charge: Seller will bill Customer
each Month for Seller's Injection Use (i) for electric power
used in Seller's operations at the rate of $0.05 per
dekatherm of the gas nominated for injection on Customer's
behalf during the preceding Month, and (ii) for Gas lost and
unaccounted for in Seller's operations at the rate of one
quarter of one percent (0.25%) of the gas nominated for
injection on Customer's behalf in the preceding Month.
There will be no Seller's Withdrawal Use assessed against
withdrawals nominated on Customer's behalf.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 32 : Effective |
| FERC Gas Tariff | | Original Sheet No. 32 |
| Original Volume 1 |
RATE SCHEDULE ISS (continued)
4.3 Overrun Service Charge: An overrun rate shall be
paid for each Dekatherm of service provided on behalf of
Customer pursuant to Section 6 of this Rate Schedule. As
set forth in the Customer's Agreement, the Overrun Service
Charge shall consist of the Interruptible Storage Rate for
each Dekatherm which is stored for or on behalf of Customer
during a Day greater than the Customer's Maximum Storage
Quantity.
5. ADDITIONAL CHARGES
5.1 Commission and Other Regulatory Fees: Customer
shall reimburse Seller for all fees required by the
Commission or any other regulatory body which are related to
service provided under this Rate Schedule including, but not
limited to, filing, reporting and application fees and the
Commission's Annual Charge Adjustment ("ACA").
5.2 Other Charges: Customer shall pay any other
charges applicable to service hereunder authorized by the
Commission or any successor agency having jurisdiction.
6. STORAGE OVERRUN SERVICE
Customer may request Seller to provide storage service
under this Rate Schedule for quantities of gas in excess of
Customer's Maximum Storage Quantity. Service requested
under this section must be nominated separately as "overrun"
by Customer. Seller may provide such Overrun Service on an
interruptible basis if, in Seller's judgment, it can provide
the service without adverse effect on Seller's operations or
on Seller's ability to meet higher priority obligations.
Customer shall pay the Overrun Service Charge pursuant to
Section 4.3 of this Rate Schedule ISS for such overrun
storage service.
7. FAILURE TO WITHDRAW
If Customer fails to withdraw all Working Storage Gas
quantities held in storage by Seller for or on behalf of
Customer by the end of the applicable withdrawal period set
forth in Section 2 above, or by the date the ISS Agreement
terminates, then Seller may retain such remaining quantities
of Working Storage Gas free and clear of any adverse claims,
unless such failure to withdraw was due to Seller's
inability to withdraw the quantities nominated by Customer,
in which event such applicable withdrawal period shall be
extended by the number of days Seller is unable to tender
quantities of Gas for redelivery.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 33 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
RATE SCHEDULE ISS (continued)
8. DEFINITIONS
8.1 The term "Maximum Daily Injection Quantity"
shall mean 5.00% of the Maximum Storage Quantity.
8.2 The term "Maximum Daily Withdrawal Quantity"
shall mean 10.00% of the Maximum Storage Quantity.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet Nos. 34-69 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
SHEET NOS. 34-69 RESERVED FOR FUTURE USE
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 70 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS
(Index to Provisions)
1. DEFINITIONS 71
2. REQUESTS FOR STORAGE SERVICE 75
3. STORAGE SERVICE 80
4. NOMINATIONS, SCHEDULING AND ALLOCATION 80
5. PRESSURE AT POINT OF INJECTION/WITHDRAWAL 86
6. MEASUREMENT AND MEASUREMENT EQUIPMENT 86
7. QUALITY 91
8. BILLING AND PAYMENT 94
9. FORCE MAJEURE 96
10. PRIORITY OF SERVICE REQUESTS AND SERVICE AGREEMENTS 97
11. MISCELLANEOUS 100
12. FACILITIES 104
13. ELECTRONIC BULLETIN BOARD 104
14. RESPONSIBILITY FOR ASSOCIATED TRANSPORTATION 104
15. TITLE TRANSFERS OF GAS IN STORAGE 104
16. OPERATIONAL FLOW ORDERS 105
17. OFF-SYSTEM CAPACITY 108
18. PENALTY REVENUE CREDITING 108
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 71 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
1.1 The term "Agreement" shall mean the Service
Agreement executed by the Customer and Seller and
any exhibits, attachments and/or amendments
thereto.
1.2 The term "Base Gas" shall mean Gas required to
remain in the storage field sufficient to protect
the integrity of the storage field.
1.3 The term "Btu" shall mean one (1) British thermal
unit, the amount of heat required to raise the
temperature of one (1) pound of water one degree
(1) Fahrenheit at sixty degrees (60) Fahrenheit.
The reporting basis for Btu is 14.73 psia (101.325
kPa), 60 degrees Fahrenheit (15 degrees C), and
dry.
1.4 The term "Business Day" shall mean Monday through
Friday, excluding all federal banking holidays for
transactions in the United States and similar
holidays for transactions in Canada and Mexico.
1.5 The term "Central Clock Time" shall mean Central
Standard Time except for that period when daylight
savings is in effect. During that period, Central
Clock Time shall mean Central Daylight Time.
1.6 The terms "Commission" and "FERC" shall mean the
Federal Energy Regulatory Commission or any
successor regulatory authority having
jurisdiction.
1.7 The term "Customer" shall mean any person,
corporation, partnership or any other party that
executes a valid Service Agreement with Central
New York Oil And Gas Company, LLC for the Storage
of Gas under the terms and conditions of Seller's
FERC Gas Tariff.
1.8 The term "Dekatherm" (dth) shall mean the quantity
of heat energy which is equivalent to one (1)
million (1,000,000) Btu.
1.9 The determination of quantities deemed to be
delivered for purposes of use of the term "Each
Dekatherm Of Gas Which Is Delivered" shall be the
pro rata allocation of the quantities of Gas
nominated, after adjustments for Seller's Use and
pursuant to Section 4.3 hereof, for injection into
storage or for withdrawal from storage.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 72 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
1.10 The term "Equivalent Quantities" shall mean a
quantity of Gas containing an amount of dths equal
to the amount of dths received by Seller for the
account of Customer at the Point of
Injection/Withdrawal reduced by the dths removed
for Seller's Injection and/or Withdrawal Use as
attributable to the Storage of Customer's Gas.
1.11 The term "Gas" shall mean natural gas, including
casing head gas produced with crude oil, gas from
gas wells and gas from condensate wells and
synthetic natural gas.
1.12 The terms "Gas Day" or "Day" shall mean the GISB
standard Gas Day from 9:00 a.m. to 9:00 a.m.
(Central Clock Time).
1.13 The terms "Gas Industry Standards Board" or "GISB"
shall mean that accredited organization
established to set standards for certain natural
gas industry business practices and procedures.
1.14 The Terms "GISB Standards" shall mean the
standardized business practices, procedures and
criteria which have been adopted and published by
the Gas Industry Standards Board and which have
been adopted by reference by the Commission.
1.15 The term "Maximum Storage Quantity" shall mean the
greatest number of dths that Seller is obligated
to store on behalf of Customer on any Gas Day.
1.16 The term "Month" shall mean the period beginning
on the first Gas Day of a calendar month and
ending at the same hour on the first Gas Day of
the next succeeding calendar month.
1.17 The term "OBA" shall mean a contract between two
parties which specifies the procedures to manage
operating variances at an interconnect.
1.18 The term "Operational Flow Order" or ("OFO") shall
mean the verbal and/or written communication (e.g.
EBB) Seller shall utilize to inform Customers of
necessary actions to preserve and protect the
security and integrity of its system.
1.19 The term "Operator" shall mean a party that
operates the facilities that interconnect with
Seller's facilities.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 73 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
1.20 The term "Point of Injection/Withdrawal" shall
mean the outlet flange of the meter at the point
of interconnection between Seller's Stagecoach
Storage Facility and third party transporter's
facilities located in Tioga County, New York or
such other location as may be designated by Seller
and its Customer, including points on off-system
capacity.
1.21 The term "Releasing Customer" shall mean any
Customer releasing capacity under Section 7 of
Rate Schedule FSS.
1.22 The term "Replacement Customer" shall mean any
Customer to which capacity is released under
Section 7 of Rate Schedule FSS.
1.23 The term "Seller" shall mean Central New York Oil
And Gas Company, LLC.
1.24 The term "Seller's Injection Use" shall mean the
applicable percentage stated in Seller's Rate
Schedules multiplied by the quantity of Gas
injected into storage for the account of Customer.
1.25 The term "Seller's Use" shall mean the sum of the
Seller's Injection Use and the Seller's Withdrawal
Use.
1.26 The term "Seller's Withdrawal Use" shall mean the
applicable percentage stated in Seller's Rate
Schedules multiplied by the quantity of Gas
withdrawn from storage for the account of
Customer.
1.27 The term "Service Day" shall mean the Gas Day
during which Customer receives storage service
pursuant to a nomination in accordance with
Section 4 of the General Terms and Conditions of
this FERC Gas Tariff.
1.28 The term "Storage" or "Storage Service" shall mean
the storage of Gas.
1.29 The terms "Tender", "Tender Gas" and "Tender of
Gas" shall mean that the delivering party is able
and willing, and offers, to deliver Gas to or for
the account of the receiving party at the Point of
Injection/ Withdrawal.
1.30 The term "Usage Charges" shall mean all variable
charges associated with the injection/withdrawal
of Gas by Seller, including power costs associated
with electric drive compressors.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 74 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
1.31 The term "Wire Transfer" shall mean payments
made/effected by wire transfer (Fedwire, CHIPS, or
Book Entry), or Automated Clearinghouse, or any
other recognized electronic or automated payment
mechanism that is agreed upon by Seller in the
future.
1.32 The term "Working Storage Gas" shall mean the
quantity of Gas, other than Base Gas, held in
storage at any given time, by Seller, for the
account of Customer.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 75 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
2. REQUESTS FOR STORAGE SERVICE
2.1 Requests. To seek to qualify for Storage Service
pursuant to Rate Schedules FSS or ISS a potential
Customer shall submit a request for such service
in writing to the Seller. Seller shall evaluate
and respond to such requests as soon as is
reasonably possible, and shall begin service, if
an Agreement is executed, as soon as is reasonably
possible, after execution of the Agreement. Such
a request shall be considered acceptable only if
the information specified in Section 2.2 below is
provided in writing, but Seller may waive all or
any portion of such information in individual
instances, when the information is already in the
possession of Seller. Each request for service
under Rate Schedules FSS by or on behalf of each
proposed Customer shall be accompanied by
refundable earnest money in the form of either
wire transfer or a check payable to Central New
York Oil And Gas Company, LLC in the amount of the
lesser of ten thousand dollars ($10,000) or the
aggregate reservation charges which would be due
for two Months of service for such requested
service, which amount shall be applied, until
fully used, against the first amounts due by
Customer to Seller as reservation charges;
provided, however, that if the request is not
accepted by Seller or if service is not otherwise
offered, Seller will refund earnest money thirty
(30) days after notice to potential Customer that
Seller is not accepting offer.
Requests for service shall be sent to:
Central New York Oil And Gas Company, LLC
10000 Memorial
Suite 530
Houston, Texas 77024
Attention: Tariff Administrator
2.2 Form of Request for Storage Service
(a) Each request, to be considered as
an acceptable and valid request, must furnish
the applicable portion of that information
set forth below. The "Central New York Oil
And Gas Company, LLC Service Request Form" is
set forth in this FERC Gas Tariff and may be
changed from time to time and reissued by
Seller.
(b) Requestor's Identification: Name,
address, representative, telephone number of
party requesting service.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 76 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
(c) Customer's Identification: (Note:
The "Customer" is the party which proposes to
execute the Agreement).
(1) Name, address, representative and
telephone number of Customer;
(2) A statement of whether
Customer is a local distribution
company, an intrastate pipeline, an
interstate pipeline, marketer/broker,
producer, end user or other type of
entity (which shall be described);
(3) A statement of whether
Customer is acting for itself or as
agent for someone else (who must be
named); and
(4) A statement of whether
Customer is a Replacement Customer and
the contract number under which
Replacement Customer is requesting
service.
(d) Type of Service(s) Requested:
Specify which Volume No. 1 Rate Schedule
service is desired.
(e) Quantity: (stated in Dekatherms)
(1) Maximum Storage Quantity,
which shall not be less than 100,000
Dekatherms, except for volumes under
Section 7 of Rate Schedule FSS.
(2) Storage Demand Withdrawal
Quantity, which shall be determined in
accordance with Seller's Rate Schedules.
(f) Term of Service:
(1) Date service is requested to commence.
(2) Date service is requested
to terminate (Agreements for FSS shall
terminate on March 31).
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 77 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
(g) Certified Statement: A certified
statement that the Customer has, or will
have, by the time of execution of an
Agreement with Seller, title to, or the legal
right to cause to be delivered to Seller, for
Storage, the Gas which is to be delivered to
Seller and facilities or contractual rights
which will cause such Gas to be delivered to
and received from Seller.
(h) Credit Evaluation:
(1) Customer's Bank References.
(2) Customer should submit
year end audited financial statements of
Customer (if available) together with
the latest quarterly report. If audited
financial statements are not available,
Customer should furnish unaudited
financial statements. In such event,
Seller may request additional credit
information.
(3) Customer's Affiliates,
including parent, subsidiaries of parent
and of such subsidiaries, and
subsidiaries of Customer.
(4) In the event proceedings
have been commenced by or against such
Customer for any relief under any
bankruptcy or insolvency law, or any law
relating to the relief of debtors,
readjustment of indebtedness,
reorganization, arrangement, composition
or extension; or in the event a decree
or order of a court having jurisdiction
in the premises for the appointment of a
receiver or liquidator or trustee or
assignee in bankruptcy or insolvency of
such Customer, or of a substantial part
of its property, or for the winding up
or liquidation of its affairs, shall
have been entered, or any substantial
part of the property of such Customer
shall be sequestered or attached and
shall not be returned to the possession
of such Customer or released from such
attachment within thirty (30) days
thereafter; or in the event such
Customer shall make a general assignment
for the benefit of creditors or shall
admit in writing its inability to pay
its debts generally as they become due,
Customer shall be required to fully
disclose any and all actions regarding
the above described proceedings against
Customer or related parties defined in
(3) above, in its request for service.
(5) Any other information
requested by Seller pursuant to Section
11.5 of the General Terms and
Conditions.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 78 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
2.3 Subsequent Information
(a) If any of the events or actions
described in 2.2(h)(4) above, shall be
initiated or imposed during the term of
service hereunder, Customer shall provide
notification thereof to Seller within two (2)
Business Days of any such initiated or
imposed event or action. Customer shall also
provide, forthwith, such additional Customer
credit information as may be reasonably
required by Seller, at any time during the
term of service hereunder, to determine
Customer's creditworthiness.
(b) After receipt of a request for
Storage Service hereunder, Seller may require
that Customer furnish additional information
as a prerequisite to Seller offering to
execute an Agreement with Customer. Such
information may include proof of Customer's
title to the Gas involved and/or its legal
right to cause the Gas to be delivered to
Seller for Storage and of Customer's
contractual and/or physical ability to cause
such Gas to be delivered to and received from
Seller.
2.4 Request Validity. Customer's request for Storage
Service shall be considered null and void if
Seller has tendered an Agreement for execution to
Customer and Customer fails to execute the
Agreement within thirty (30) days thereafter.
Seller will not execute an Agreement under this
Rate Schedule FSS for which it does not have
sufficient available capacity. If sufficient
capacity is available, but Customer does not
desire to or cannot begin Storage Service within
thirty (30) days after the date the request is
made pursuant to Section 2.1 of these General
Terms and Conditions of this Tariff, or such other
period as the parties may agree to in writing,
then such request shall be considered null and
void.
2.5 Customer's Performance. If a Customer that
has executed an Agreement for service under Rate
Schedule ISS fails, on the later of the date
service is to commence or fifteen (15) days after
the Customer executes the Agreement or the
completion of construction of any necessary
facilities or the issuance of any necessary
governmental authorization, to nominate, pursuant
to Section 4.1 of these General Terms and
Conditions, a quantity of Gas for Storage, or
fails, having nominated a quantity of Gas and
Seller having scheduled the quantity for Storage,
pursuant to Section 4.3 of these General Terms and
Conditions, to Tender such Gas for Storage on the
date it is scheduled, the Seller may terminate
Customer's Agreement and the Customer's
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 79 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
request for service shall be deemed null and
void; provided, however, that the Customer's
Agreement shall not be terminated nor shall the
Customer's request for service be deemed null and
void if the Customer's failure to nominate or
Tender is caused by an event of force majeure on
Seller's system, as defined in Section 9 of these
General Terms and Conditions.
2.6 Complaints: In the event that a Customer or
potential Customer has a complaint relative to
service under this FERC Gas Tariff, the Customer
shall:
(a) Provide a description of the
complaint, verbally or in writing, including
the identification of the storage request (if
applicable), and communicate it to:
Central New York Oil And Gas Company, LLC
Attention: G. Steve Clifton
10000 Memorial
Suite 530
Houston, Texas 77024
Phone: (713) 520-0993
(b) Within forty-eight (48) hours, or
two Business Days, whichever is later from
the day of receipt of a complaint, Seller
will respond initially to the complaint and
Seller shall respond in writing within thirty
(30) days advising Customer or potential
Customer of the disposition of the complaint.
2.7 Information: Any person may request
information on the pricing or other terms of
Storage Service and/or capacity availability by
contacting Seller at the following:
Central New York Oil And Gas Company, LLC
Attention: Tariff Administrator
10000 Memorial
Suite 530
Houston, Texas 77024
Phone: (713) 520-0993
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 80 : Pending |
| FERC Gas Tariff | | Original Sheet No. 80 |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
2.8 Relationship with Marketing Affiliates:
(a) No operating employees are common
to Seller and any of its marketing affiliates.
Seller and its marketing affiliates have
certain common officers and directors who
serve on the Boards of Directors of Seller
and its marketing affiliates.
(b) Operating personnel of Seller and
operating personnel of Seller's marketing
affiliates do not share any facilities except
telephone and computer hardware.
2.9 Electronic Bulletin Board. Information
regarding services rendered and capacity available
under this Tariff may be obtained from Seller's
electronic bulletin board which can be accessed at
StagecoachStorage.com or such other site as Seller
may notify Customer from time to time.
3. STORAGE SERVICE
3.1 Treatment of Gas. Seller may subject or
permit the subjection of Gas stored hereunder to
compression, cooling, cleaning, or other processes
to such extent as may be required in Seller's sole
opinion.
4. NOMINATIONS, SCHEDULING AND ALLOCATION
4.1 Nominations.
(a) Seller will accept nominations for
storage service as provided herein. A valid
nomination is a data set which contains, at a
minimum, the mandatory data elements included
in the GISB Standards related to nominations,
and any additional Seller-required data
elements. All Standard and Intra-Day
Nominations for service shall be made via
Electronic Delivery Mechanism ("EDM") meeting
the requirements of the Commission. Seller
will accept nominations via mail, fax,
courier service or personal delivery. Seller
will support the receipt of nominations, via
the methods listed above, and EDM in a manner
designed to enable Customers to submit
nominations seven days a week, twenty-four
hours a day.
Each nomination shall indicate whether it is
being submitted as a Standard or Intra-Day Nomination. The
standard quantity for nominations,
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 80 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
2.8 Relationship with Marketing Affiliates:
(a) No officers of Seller serve as
officers of the marketing affiliates of
Seller. No employees are common to Seller and
any of its marketing affiliates. Seller and
its marketing affiliates have certain common
directors who serve on the Boards of
Directors of Seller and its marketing
affiliates.
(b) Operating personnel of Seller and
operating personnel of Seller's marketing
affiliates do not share any facilities except
telephone and computer hardware.
2.9 Electronic Bulletin Board. Information
regarding services rendered and capacity available
under this Tariff may be obtained from Seller's
electronic bulletin board which can be accessed at
eCORP's website at eCORPUSA.com or such other site
as Seller may notify Customer from time to time.
3. STORAGE SERVICE
3.1 Treatment of Gas. Seller may subject or
permit the subjection of Gas stored hereunder to
compression, cooling, cleaning, or other processes
to such extent as may be required in Seller's sole
opinion.
4. NOMINATIONS, SCHEDULING AND ALLOCATION
4.1 Nominations.
(a) Seller will accept nominations for
storage service as provided herein. A valid
nomination is a data set which contains, at a
minimum, the mandatory data elements included
in the GISB Standards related to nominations,
and any additional Seller-required data
elements. All Standard and Intra-Day
Nominations for service shall be made via
Electronic Delivery Mechanism ("EDM") meeting
the requirements of the Commission. Seller
will accept nominations via mail, fax,
courier service or personal delivery. Seller
will support the receipt of nominations, via
the methods listed above, and EDM in a manner
designed to enable Customers to submit
nominations seven days a week, twenty-four
hours a day.
Each nomination shall indicate
whether it is being submitted as a Standard
or Intra-Day Nomination. The standard
quantity for nominations,
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 81 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
confirmations and scheduling is
dekatherms per Gas Day in the United States,
Gigajoules per Gas Day in Canada and
Gigacalories per Gas Day in Mexico. (For
reference 1 dekatherm = 1,000,000 Btus; 1
Gigajoules = 1,000,000,000 joules, and 1
gigacalorie = 1,000,000,000 calories). For
commercial purposes, the standard conversion
factor between dekatherms and Gigajoules is
1.055056 Gigajoules per dekatherm and between
dekatherms and Gigacalories is 0.251996
Gigacalories per dekatherm. The standard Btu
is the International Btu, which is also
called the Btu(IT); the standard joule is the
joule specified in the SI system of units.
Customer may use an agent to provide all
or a portion of its nomination data, provided
that Seller is so advised in advance in
writing. A Customer that uses an agent for
such nomination purposes shall hold Seller
harmless for all actions or inactions of its
agent.
(b) Standard Nominations. A "Standard
Nomination" is a nomination for storage
service for any Gas Day. The Standard
Nomination shall include a begin date and end
date, which must be within the term of the
Customer's service agreement. Each Gas Day
within a date range nomination is considered
an original nomination. Subsequent nomination
for one or more Gas Days within the range
supersede only the Gas Days specified. The
Gas Days outside the range of the subsequent
nomination are unaffected. Nominations have
a prospective effect only. Seller shall
process all new or revised nominations that
are submitted by 11:30 a.m. Central Clock
Time and received by 11:45 a.m. Central Clock
Time on the Day before the applicable Service
Day. Customer may nominate zero (0) for a
daily quantity, but in the event Customer
nominates a daily quantity in excess of zero
(0), such daily quantity shall not be less
than five-hundred (500) dth. Customer shall
also inform Seller in advance of each Month
of the desired order of priority of
injections and withdrawals under each
Agreement and Seller may rely thereon (or in
the absence of such information, upon
Seller's judgment) if allocation under such
Agreement is required.
(c) Standard Nominations Timetable.
The timetable for a Standard Nominations
shall be as follows on the Day before a
Service Day, Central Clock Time
11:30 a.m. for nominations leaving control of
Customer;
11:45 a.m. for receipt of nominations by
Seller;
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 82 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
12:00 noon for Seller to send quick
response for nominations submitted via EDM;
3:30 p.m. for Seller to receive
completed confirmations from connected
parties;
4:30 p.m. for Customer and
Operators to receive scheduled volume
information from Seller.
In addition, at the end of each Gas
Day, Seller shall provide the final scheduled
quantities for the just completed Gas Day.
Seller, pursuant to GISB Standards 1.4.x,
will send an end of Gas Day Scheduled
Quantity document. Receivers of the end of
Gas Day Scheduled Quantity document can waive
the Seller's sending of the Scheduled
Quantity document. Seller, as receiver of
nominations, initiates the confirmation
process. The party receiving a request for
confirmation or an unsolicited confirmation
response may waive the obligation of the
Seller to send. The sending party will
adhere to nomination, confirmation and
scheduling deadlines. The party receiving
the communication shall have the right to
waive any deadline, on a non-discriminatory
basis.
(d) Other Nominations. Seller may, at
its option, accept nominations which are not
timely as described above. In that event,
Seller shall not be required to comply with
the Standard Nomination timeline set out
above.
4.2 Intra-Day Nominations.
(a) An "Intra-Day Nomination" is a
nomination submitted after the nomination deadline
whose effective time is no earlier than the
beginning of the Gas Day and runs through the end
of that Gas Day. An Intra-Day Nomination shall be
effective for one (1) Gas Day only. Intra-Day
Nominations may be used to nominate new injections
or withdrawals. The nomination process set forth
in Section 4.1(a) shall apply to the Intra-Day
nominations. An Intra-Day quantity shall be a
revised daily quantity.
(1) Timetables for Intra-Day Nominations
shall be as follows:
(a) Evening Nomination Cycle: shall be
as follows on the Gas Day before a Service Day, Central
Clock Time
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| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 83 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND
CONDITIONS (continued)
6:00 p.m. for nominations
leaving control of Customer;
6:15 p.m. for receipt of
nominations by Seller;
6:30 p.m. for
Seller to send quick response for
nominations submitted via EDM;
9:00 p.m. for
Seller to receive completed
confirmations from connected
parties;
10:00 p.m. for
Customer and Operators to receive
scheduled volume information from
Seller and to provide scheduled
quantities to bumped parties
(notice to bumped parties).
9:00 a.m. for flow of gas.
(b) Intra-Day 1
Nomination Cycle: shall be as
follows on the Service Day, Central
Clock Time:
10:00 a.m. for
nominations leaving control of
Customer;
10:15 a.m. for receipt of
nominations by Seller;
10:30 a.m. for
Seller to send quick response for
nominations submitted via EDM;
1:00 p.m. for
Seller to receive completed
confirmations from connected
parties;
2:00 p.m. for
Customer and Operators to receive
scheduled volume information from
Seller and to provide scheduled
quantities to bumped parties
(notice to bumped parties);
5:00 p.m. for flow of Gas.
(c) Intra-Day 2
Nomination Cycle: shall be as
follows on the Service Day, Central
Clock Time:
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 84 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
5:00 p.m. for
nominations leaving control of
Customer;
5:15 p.m. for receipt of
nominations by Seller;
5:30 p.m. for
Seller to send quick response for
nominations submitted via EDM;
8:00 p.m. for
Seller to receive completed
confirmations from connected
parties;
9:00 p.m. for
Customer and Operators to receive
scheduled volume information from
Seller;
9:00 p.m. for flow of Gas.
(d) For purposes of
4.2(a)(1)(a), (b), and (c)
"provide" shall mean, for
transmittals pursuant to standards
1.4.x, receipt at the designated
site, and for purposes of other
forms of transmittal, it shall mean
send or post.
An Intra-Day Nomination is subject
to Operator's confirmations and Seller's
operating conditions. If Operator
confirmation is not received, the Intra-Day
Nomination will not be accepted. Seller will
not accept a reduced Intra-Day Nomination for
any quantity deemed already delivered based
on an average hourly flow.
(b) For purposes of providing notice of
any nomination changes to a Customer and/or
Customer's agent, Seller shall contact either
party by telephone or other instant
communication device. With respect to
changes initiated by Seller, if a Customer so
elects, such Customer may provide a telephone
number and Seller will contact Customer at
such phone number to alert Customer that a
change has been made; provided that where an
interruptible Customer's nomination is bumped
by a firm Customer's Intra-Day Nomination,
Seller shall provide notice of such bump to
the interruptible Customer in the same manner
that Seller uses to notify Customers of OFOs.
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 85 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
4.3 Scheduling of Storage and Allocation of
Service. For each Gas Day, Seller will schedule
injections and withdrawals of Gas, on the basis
of: Storage nominations made by Customers (which
Seller is hereby authorized to rely upon in its
scheduling); storage capacity available on
Seller's system in light of nominations and
requests; and overall operating conditions from
time to time. If, on any Gas Day, Seller
determines that the capacity of its system is
insufficient to serve all storage nominations
scheduled for such Gas Day, or to accept the
quantities of Gas tendered, capacity shall be
allocated to provide service in the following
order:
(a) In scheduling deliveries of firm
storage nominations on any Gas Day when
capacity is constrained, Seller shall
allocate service on a pro rata basis to those
firm storage Customers nominating volumes on
such Gas Day based upon such Customer's
contracted daily injection or withdrawal
volumes compared to the contracted daily
injection or withdrawal volumes of all other
Customers nominating volumes on such Gas Day.
(b) In scheduling nominated quantities
for interruptible Storage Services hereunder,
after providing for firm Storage Service,
Seller shall utilize the priorities
established in Section 10 of these General
Terms and Conditions, provided however that
no interruptible Customer shall have a claim
of priority on any Gas Day to quantities in
excess of the lesser of (1) such
interruptible Customer's Maximum Daily
Injection Quantity or Maximum Daily
Withdrawal Quantity as applicable or (2) such
interruptible Customer's nomination.
4.4 Delivery of Gas. Seller, subject to the
other provisions hereof, shall make daily delivery
of Equivalent Quantities of Gas at the Point of
Injection/Withdrawal in accordance with Seller's
scheduled deliveries.
4.5 Hourly Variation. Injections and withdrawals
shall be made at uniform hourly rates to the
extent practicable.
4.6 Limitation on Obligation. Should the quantities
of Gas received from Customer(s) by Seller at the Point of
Injection/Withdrawal exceed the Maximum Daily Injection
Quantity plus the Seller's Injection Use, Seller shall
notify Customer(s) of such fact within a reasonable time
after such becomes known, and Customer(s) shall seek to
reduce deliveries to Seller forthwith. In the event any
such excess delivery would
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| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 86 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
jeopardize the safety of Seller's operations
and/or its ability to meet its contract
commitments to others, such decisions being solely
within the judgment and discretion of Seller,
Seller shall have the right to refuse to accept,
without any liability to Customer, or any other
person, all or such part of said excess delivery
as Seller deems necessary, and shall notify
Customer accordingly.
4.7 Reduction in Maximum Storage Quantity. In
the event that Customer nominates or utilizes less
than 50% of its Maximum Storage Quantity under
Rate Schedule ISS for a period of one (1) year,
Seller may reduce Customer's Maximum Storage
Quantity to 125% of the average utilization during
such year, which new Maximum Storage Quantity, as
applicable, shall be effective on the first Gas
Day of the Month following the Month in which
Seller gives Customer notice of such reduction.
5. PRESSURE AT POINT OF INJECTION/WITHDRAWAL
5.1 Pressure at Point of Injection/Withdrawal.
Unless otherwise agreed to by the parties as set
forth in the Service Agreement, Customer shall
cause the Gas to be delivered at the Point of
Injection/Withdrawal at a pressure sufficient to
allow the Gas to enter Seller's system at the
varying pressures that may exist in such system
from time to time; provided, however, that such
pressure of the Gas delivered or caused to be
delivered by Customer shall not exceed the Maximum
Allowable Operating Pressure ("MAOP") which Seller
specifies for the Point of Injection/Withdrawal.
In the event the MAOP of Seller's system, at the
Point of Injection/Withdrawal hereunder, is from
time to time increased or decreased, then the MAOP
of the Gas delivered or caused to be delivered by
Customer to Seller at the Point of
Injection/Withdrawal shall be correspondingly
increased or decreased upon notification by Seller
to Customer. Unless otherwise agreed to by the
parties as set forth in the Service Agreement,
Seller shall Tender the Gas to or for the account
of Customer at the Point of Injection/Withdrawal
hereunder at Seller's prevailing line pressure as
such may vary from time to time.
6. MEASUREMENT AND MEASUREMENT EQUIPMENT
6.1(a) The volume of Gas delivered to Seller
hereunder or redelivered to or for the account of
Customer hereunder shall be measured by:
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| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 87 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
(1) An orifice meter, designed,
installed maintained and operated as
recommended in the latest issue of American
National Standard ANSI/API 2530 (American Gas
Association Gas Measurement Report No. 3),
entitled "Orifice Metering of Natural Gas and
Other Related Hydrocarbon Fluids", as such
publication may be revised from time to time
("AGA Report No. 3"); or
(2) A turbine meter, designed,
installed, maintained and operated as
recommended in the latest issue of American
Gas Association Transmission Measurement
Committee Report No. 7, entitled "Measurement
of Fuel Gas by Turbine Meters," as such
publication may be revised from time to time
("AGA Report No. 7");
(3) A positive displacement meter,
installed and operated in accordance with
generally accepted industry practices; or
(4) A multipath electronic flow meter
designed, installed, maintained and operated
in accordance with American Gas Association
Transmission Measurement Committee Report No.
9 entitled "Measurement of Gas by Multipath
Ultrasonic Meters," as such publication may
be revised from time to time ("AGA Report No.
9").
(b) Auxiliary measuring equipment shall be
installed, maintained and operated in accordance
with generally accepted industry practices.
6.2(a) The volume of Gas delivered to Seller or
redelivered to or for the account of Customer
shall be calculated by means of either an
electronic flow computer, or by the processing of
meter charts, in either case in the following
manner:
(1) When the measuring equipment is an
orifice meter, the flow of Gas through the
meter shall be computed in the manner
recommended in AGA Report No. 3, properly
using all factors set forth therein.
(2) When the measuring equipment is a
turbine meter, the volume of Gas delivered
through the meter shall be computed in the
manner recommended in AGA Report No. 7,
properly using all factors set forth therein.
(3) When the measuring equipment is a
positive displacement meter, the volume of
Gas delivered through the meter shall be
computed by properly applying, to the volume
delivered at flowing gas pressures and
temperatures, correction factors for (i)
absolute static pressure, (ii) flowing Gas
temperature, and (iii) compressibility ratio.
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 88 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
(4) A multi-path electronic flow meter
designed, installed, maintained and operated
in accordance with AGA Report No. 9.
(b) The volume of Gas injected or withdrawn
hereunder shall be computed using the standards
and factors determined as follows:
(1) The unit of volume for the purpose
of measurement shall be one thousand cubic
feet of Gas at a pressure of 14.73 pounds per
square inch absolute, a temperature of sixty
degrees (60ø) Fahrenheit, and dry. For
volumes reported in cubic meters, the
standard conditions are 101.325 kPa, 15
degrees C, and dry. For volumes reported in
gigacalories, the standard conditions are
1.035646 Kg/cm2, 15.6 degrees C, and dry.
The dekatherm equivalent of such unit of
volume shall be determined by multiplying
each such unit of volume by the total heating
value per cubic foot of the Gas delivered
hereunder (adjusted to a common temperature
and pressure base) and by dividing the result
by one thousand (1,000).
(2) The average absolute atmospheric
(barometric) pressure at the Point of
Injection/Withdrawal shall be assumed to be
equal to 14.4 pounds per square inch.
(3) The flowing temperature of the Gas
shall be determined by means of an instrument
of standard manufacture accepted in the
industry for this purpose.
(4) The supercompressibility factor
used in computing the volume of Gas delivered
through an orifice meter shall be determined
in a manner which yields results consistent
with the results produced by the procedures
presented in the American Gas Association
Transmission Measurement Committee Report No.
8 entitled "Compressibility and
Supercompressibility for Natural Gas and
Other Hydrocarbon Gases."
(5) The specific gravity of the Gas
used in computing the volume of Gas delivered
through a meter shall be determined by one of
the following methods:
(i) At intervals of not more
than six (6) Months, by means of an
instrument of standard manufacture
accepted in the industry for this
purpose using a sample of Gas from the
Gas stream at the Point of
Injection/Withdrawal.
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| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 89 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
(ii) By means of an instrument
of standard manufacture accepted in the
industry for this purpose installed at a
point to measure the specific gravity of
the Gas stream from which Gas is being
delivered at the Point of
Injection/Withdrawal.
(6) The compressibility ratio factor
"s" used in computing the volume of Gas
delivered through a turbine meter or a
positive displacement meter shall be
determined by the equation s = (Fpv)2, in
which "Fpv" is the supercompressibility
factor determined as described in
subparagraph (4) of this subsection (b).
(7) In determining the flowing
temperature factor, supercompressibility
factor, and compressibility ratio factor "s"
for use in computing the volume of Gas
delivered through a meter, the flowing gas
temperature for only the period(s) of time
that Gas was flowing through the meter shall
be used.
6.3 All flow, measuring, testing and related
equipment shall be of standard manufacture and
type approved by Seller. If applicable, Seller or
Customer may install check measuring equipment,
provided that such equipment shall be so installed
as not to interfere with the operations of the
Operator. Seller, or Customer, in the presence of
the other party, shall have access to measuring
equipment at all reasonable times, but the
reading, calibrating, and adjusting thereof and
the changing of charts, if any, shall be done by
the Operator. Seller or Customer shall have the
right to be present at the time of the installing,
reading, cleaning, changing, repairing,
inspecting, testing, calibrating or adjusting done
by the Operator of the measuring equipment. The
records from such measuring equipment shall remain
the property of the Operator, but upon request,
the other party may request records, including
charts, if any, together with calculations
therefrom for inspection, subject to return within
thirty (30) days after receipt thereof.
Reasonable care shall be exercised in the
installation, maintenance and operation of the
measuring equipment so as to avoid any inaccuracy
in the determination of the volume of Gas injected
and withdrawn. The accuracy of all measuring
equipment shall be verified by Operator at
reasonable intervals, and if requested, in the
presence of representatives of the other party,
but neither Seller nor Customer shall be required
to verify the accuracy of such equipment more
frequently than once in any thirty (30) day
period.
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 90 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
If either party at any time desires a special
test of any measuring equipment, it will promptly
notify the other party and the parties shall then
cooperate to secure a prompt verification of the
accuracy of such equipment. Transportation and
related expenses involved in the testing of meters
shall be borne by the party incurring such
expenses.
The Operator, for purposes of this section,
shall be the owner of the equipment referenced
herein, or the agent of such owner, or such other
person as the parties may agree in writing.
If, upon any test, Operator's measuring
equipment is found to be in error, such errors
shall be taken into account in a practical manner
in computing the deliveries. If the resultant
aggregate error in the computed receipts or
deliveries is not more than 0.5% for chromatograph
or calorimeter and two percent (2%) for other
measuring equipment, then previous receipts or
deliveries shall be considered accurate. All
equipment shall, in any case, be adjusted at the
time of test to record correctly. If, however,
the resultant aggregate error in computing
receipts or deliveries exceeds 0.5% for
chromatograph or calorimeter and two percent (2%)
for other measuring equipment, at a recording
corresponding to the average hourly rate, of Gas
flow rate for the period since the last preceding
test, the previous recordings of such equipment
shall be corrected to zero error for any period
which is known definitely or agreed upon, such
correction shall be for a period extending over
one-half of the time elapsed since the date of the
last test.
6.4 In the event any measuring equipment is out
of service, or is found registering inaccurately
and the error is not determinable by test,
previous recordings of injections or withdrawals
through such equipment shall be determined as
follows; provided, however, that the correction
period shall not exceed one (1) year:
(a) by using the registration of any
check meter or meters if installed and
accurately registering, or in the absence of
(a);
(b) by correcting the error if the
percentage of error is ascertainable by
calibration, special test or mathematical
calculation, or in the absence of both (a)
and (b) then;
(c) by estimating the quantity of
receipt or delivery based on receipts or
deliveries during preceding periods under
similar conditions when the meter was
registering accurately.
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 91 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
6.5 If a new method or technique is developed
with respect to Gas measurement or the
determination of the factors used in such Gas
measurement, such new method or technique may be
substituted upon mutual agreement thereto by both
parties.
6.6 The parties agree to preserve for a period of
at least three (3) years or such longer period as
may be required by public authority, all test
data, charts, if any, and other similar records.
6.7 In accordance with the provisions of Sections
6.3 and 6.4 of the General Terms and Conditions,
Seller will use the best information available to
close its allocation of quantities for a service
Month. The cutoff for the closing of measurement
is five (5) Business Days after the business
Month. To the extent that adjustments are made
after the date of such close such adjustments
("Prior Period Adjustments" or "PPA") shall be
treated under this Section 6.7. If the PPA are
due to the correction of measurement data or
reallocation of volumes, such adjustments should
be processed within six (6) Months of the
applicable service Month. If the affected party
disputes the as-adjusted quantity it is entitled
to rebut the basis for the PPA, but only if it
does so within three (3) Months of the processing
of the as-adjusted quantity. Notwithstanding the
above specified deadlines for processing/rebutting
PPA, such deadlines shall not apply in the case of
deliberate omission or misrepresentation or mutual
mistake or fact. Parties' other statutory or
contractual rights shall not be diminished by this
standard.
7. QUALITY
7.1 Heat Content. Heat content shall mean the
gross heating value per cubic foot of Gas received
or delivered hereunder. Such Gas shall have a
heat content not less than 967 Btu per cubic foot
nor more than 1100 Btu when determined on a dry
basis. Seller shall have the right to waive such
Btu content limits if, in Seller's sole opinion,
Seller is able to accept Gas with a Btu content
outside such limits without affecting Seller's
operations. The total heating value per cubic
foot of Gas shall be determined by one of the
following methods:
(a) by means of an instrument of
standard manufacture installed to measure the
heating value of the Gas.
(b) at intervals of not more than six
(6) Months by means of an instrument of
standard manufacture and a sample of Gas from
the Gas stream.
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 92 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
(c) other method mutually agreed upon by both
parties.
For the purpose of calculating injections and
withdrawals, the heat content of the Gas so
determined at each such point shall be deemed to
remain constant at such point until the next
determination. The unit of quantity for the
purpose of determining total heating value shall
be one (1) cubic foot of anhydrous Gas at a
temperature of sixty degrees (60) Fahrenheit and
an absolute pressure of 14.73 psia, dry.
7.2 Freedom from Objectionable Matter. The Gas
injected and withdrawn hereunder:
(a) shall be commercially free, at
prevailing pressure and temperature in
Seller's equipment and facilities, from
objectionable odors, dust or other solid or
liquid matter which might interfere with its
merchantability or cause injury to or
interference with proper operation of the
lines, regulators, meters and other equipment
and facilities of Seller.
(b) shall not contain more than one
quarter (.25) grain of hydrogen sulfide per
one hundred (100) cubic feet of Gas, as
determined by methods prescribed in Standards
of Gas Service, Circular of the National
Bureau of Standards, No. 405, page 134 (1934
edition), and shall be considered free from
hydrogen sulfide (H2S) if a strip of white
filter paper, moistened with a solution
containing five percent (5%) by weight of
lead acetate, is not distinctly darker than a
second paper freshly moistened with the same
solution, after the first paper has been
exposed to the Gas for one and one-half (1-
1/2) minutes in an apparatus of approved
form, through which the Gas is flowing at the
rate of approximately five (5) cubic feet per
hour, the Gas from the jet not impinging
directly upon the test paper; or the H2S
content may be determined by an instrument of
approved type and by approved methods
agreeable to the parties;
(c) shall not contain more than twenty
(20) grains of total sulfur (including the
sulfur in any hydrogen sulfide and
mercaptans) per one hundred (100) cubic feet
of Gas;
(d) shall not at any time have an oxygen content
in excess of two-tenths of one percent (0.20%) by volume and
the parties hereto shall make every reasonable effort to
keep the Gas free of oxygen;
| Issued by: |
| Issue date: |
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Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 93 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
(e) shall not contain more than four
percent (4%) by volume of a combined total of
carbon dioxide and nitrogen components;
provided, however, that the total carbon
dioxide content shall not exceed three (3%)
by volume.
(f) shall have a temperature of not
more than one hundred twenty degrees (120ø)
Fahrenheit;
(g) shall have been dehydrated for
removal of entrained water present therein in
a vapor state, and in no event contain more
than seven (7) pounds of entrained water per
million cubic feet, at a pressure base of
fourteen and seventy three hundredths (14.73)
pounds per square inch and a temperature of
sixty degrees (60ø) Fahrenheit as determined
by dew-point apparatus approved by the Bureau
of Mines or such other apparatus as may be
mutually agreed upon.
(h) shall not contain any
polychlorinated biphenyls.
7.3 Failure to Meet Specifications. Should any
Gas Tendered for injection or withdrawal hereunder
fail at any time to conform to any of the
specifications of this Article, the affected party
shall notify the other party of any such failure
and the affected party may at its option suspend
all or a portion of the receipt of any such Gas,
and shall be relieved of obligations hereunder for
the duration of such time as the Gas does not meet
such specifications.
7.4 Seller, at any time and from time to time,
shall have the right, either by written, oral or
telephonic notice to Customer, to arrange for any
necessary processing of Customer's quality
deficient Gas tendered to Seller to ensure such
Gas meets the minimum quality specifications set
forth in this Section 7. Seller shall bill the
applicable Customer and such Customer shall pay
Seller for all costs (including shrinkage)
incurred by Seller fully recovers such costs and
applicable carrying charges. Seller shall have
the right to sell or otherwise dispose of any or
all of the processing products without accounting
to Customer or owner of the processed Gas.
7.5 Commingling. It is recognized that Gas
delivered to Seller by Customer will be commingled
with other Gas stored hereunder by Seller.
Accordingly, the Gas of Customer shall be subject
to such changes in heat content as may result from
such commingling and Seller shall, notwithstanding
any other provision herein, be under no obligation
to withdraw for Customer's account, Gas of a heat
content identical to that caused to be delivered
by Customer to Seller.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 94 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
8. BILLING AND PAYMENT
8.1 Billing. On or before the ninth (9th)
Business Day of each Month, Seller shall render
(for purposes of this Section 8.1, "render" shall
mean (a) postmarked or (b) time-stamped and
electronically transmitted via EDM to the
designated site, whichever is applicable) an
invoice to Customer setting forth the amount due
for such Month under the applicable Rate
Schedule(s). Seller's invoice shall be based on
actuals (if available) or best available data.
Quantities at points where OBA's exit shall be
invoiced based on scheduled quantities. Seller
may utilize estimates of the quantity of Gas
received for injection from or Tendered to or for
account of Customer during a Month, in place of
actual quantities when actual quantities are not
reasonably available; provided that adjustments
shall be made in later invoices for differences
between such estimated and actual quantities.
Such invoice shall include credits for capacity
assignment required by Section 7 of Rate Schedule
FSS, if any.
When information necessary for invoicing
purposes is in the control of Customer, Customer
shall furnish such information to Seller on or
before the third (3rd) day of the Month.
Both Seller and Customer have the right to
examine at reasonable times, books, records and
charts of the other to the extent necessary to
verify the accuracy of any invoice, charge or
computation made under or pursuant to any of the
provisions hereof.
8.2 Payment. Customer shall pay any invoice, on
or before the tenth (10th) day after the date of
the invoice. Payments by Customer to Seller shall
be made in the form of Wire Transfer directed to
bank account designated by Seller, unless
otherwise agreed to by the parties. Customer
shall identify the invoice number specified by
Seller to which the payment relates. If Customer
submits payment different from the invoiced
amount, remittance detail must be provided with
payment.
If rendition of an invoice by Seller is delayed
after the ninth (9th) Business Day of the Month, then the
time of payment shall be extended accordingly unless
Customer is responsible for such delay. Should Customer
fail to pay all of the amount of any invoice as herein
provided when such amount is due, interest on the unpaid
portion of the invoice shall accrue from the due date until
the date of payment at a rate of interest equal to the prime
rate charged by Citibank, N.A. during that period to
responsible commercial and industrial borrowers, plus two
percent (2%), but which in no event shall be higher than the
maximum rate permitted by applicable law. If such
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 95 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
failure to pay continues, then following
thirty (30) days prior written notice from Seller
of its intent to abandon service under the
Agreement, Customer shall be deemed to have
consented to such abandonment of service, unless
within the thirty (30) day period Customer pays to
Seller the entire balance due with interest, and
Seller, in addition to any other remedy it may
have hereunder, may suspend further injection or
withdrawal of Gas for Customer and may enter into
Agreements to provide service to others using
Customer's capacity and deliverability provided,
however, that if Customer in good faith shall
dispute the amount of any such invoice or part
thereof and shall pay to Seller such amounts not
in dispute, and provide documentation identifying
the basis for the dispute and, at any time
thereafter within thirty (30) days of a demand
made by Seller, shall furnish a good and
sufficient surety bond in an amount and with
surety satisfactory to Seller or other assurance
acceptable to Seller, guaranteeing payment to
Seller of the amount ultimately found due upon
such invoice after a final determination which may
be reached either by agreement or judgment of the
courts, as may be the case, then Seller shall not
be entitled to suspend further injection or
withdrawal of such Gas or to terminate or abandon
service under the Agreement unless and until
default be made in the conditions of such bond.
The foregoing shall be in addition to any other
remedies Seller may have, at law or in equity,
with respect to Customer's failure to pay the
amount of any invoice.
8.3 Adjustment of Invoicing Errors. Subject to the
provisions of Section 6 of these General Terms and
Conditions, if it shall be found that at any time or times
Customer has been overcharged or undercharged and Customer
shall have actually paid the invoice containing such
charges, then within thirty (30) days after the final
determination thereof, either Seller shall refund the amount
of any such overcharge or Customer shall pay the amount of
any such undercharge. In the event an error is discovered
in the amount invoiced in any invoice rendered by Seller,
such error shall be adjusted within thirty (30) days of the
determination thereof, provided that claim therefor shall
have been made within thirty (30) days from the date of
discovery of such error, but in any event within six (6)
months from the date of such invoice. The party receiving
such request for adjustment shall have three (3) months to
rebut such claim otherwise the invoice shall be adjusted as
requested. The preceding time limits do not apply to
deliberate omission or misrepresentation or mutual mistake
of fact or government required rate changes. The parties'
statutory or contractual rights shall not otherwise be
diminished by this Section. If the parties are unable to
agree on the adjustment of any claimed error, any resort by
either of the parties to legal proceedings shall be
commenced within fifteen (15) months after the supposed
cause of action is alleged to have arisen, or shall
thereafter be forever barred.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 96 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
9. FORCE MAJEURE
9.1 Definition. The term "force majeure" as used
herein shall mean, without limitation, acts of
God, strikes, lockouts, or other industrial
disturbances; acts of the public enemy, wars,
blockades, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, storms
(including but not limited to tornadoes or tornado
warnings), crevasses, floods, washouts; arrests,
restraints and necessity for compliance with any
court order, law, regulation or ordinance of any
authority having jurisdiction either Federal or
State, civil or military; and civil disturbances.
Relative to Seller's service and solely to the
operation of its system, force majeure shall also
mean shutdowns for purposes of necessary repairs,
relocation, or construction of facilities;
breakage or accident to machinery, wells or lines
of pipe or casings; testing (as required by
governmental authority or as deemed necessary by
Seller for the safe operation of the underground
storage reservoir and facilities required to
perform the service hereunder), the necessity of
making repairs or alterations to machinery or
lines of pipe; failure of wells, surface equipment
or pipe lines, well or line freeze ups; accidents,
breakdowns, inability to obtain necessary
materials, or supplies or permits, or labor or
land rights to perform or comply with any
obligation or condition of an Agreement; failure
of Seller's provider to supply electricity for any
reason; and any other causes, whether of the kind
herein enumerated or otherwise which are not
reasonably in Seller's control. It is understood
and agreed that the settlement of strikes or
lockouts or controversies with landowners
involving rights of way shall be entirely within
Seller's discretion and that the above requirement
that any force majeure shall be remedied with all
reasonable dispatch shall not require the
settlement of strikes or lockouts or controversies
with landowners involving rights of way by
acceding to the demands of the opposing party when
such course is inadvisable in the discretion of
Seller.
9.2 Force Majeure. If by reason of force majeure
either party hereto is rendered unable, wholly or in part,
to carry out its obligations under an Agreement, it is
agreed that on such party giving notice in full particulars
of such force majeure in writing to the other party within a
reasonable time after the occurrence of the cause relied on,
the party giving such notice, so far as and to the extent
that it is affected by such force majeure, shall not be
liable in damages during the continuance of any inability so
caused, but for no longer period, and such cause shall so
far as possible be remedied with all reasonable dispatch.
Seller shall not be liable in damages to Customer other than
for acts of gross negligence or willful misconduct and then
only where force majeure does not apply.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 97 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
9.3 Limitations. Such force majeure affecting
the performance hereunder by either Seller or
Customer, however, shall not relieve such party of
liability in the event of concurring negligence or
in the event of failure to use due diligence to
remedy the situation and to remove the cause in an
adequate manner and with all reasonable dispatch,
nor shall such causes or contingencies affecting
such performance relieve Customer, in whole or in
part, from its obligations to pay the monthly
charges provided for in Section 8 of these General
Terms and Conditions.
10. PRIORITY OF SERVICE REQUESTS AND SERVICE AGREEMENTS
10.1 FIRM STORAGE
(a) Priority Of Request For Initial Firm Storage
Agreements: After notification, pursuant to Section 2.9
hereof, that Seller has available firm storage capacity
which is not subject to contract or is released pursuant to
Section 7 of Rate Schedule FSS, Seller will accept requests
that Seller enter into an Agreement for firm Storage
Service. Except as provided in Section 10.1(b) below, the
order of priority among such requests shall be based upon
the economic value of the transaction to Seller, with the
transaction producing the greatest economic value having the
highest priority of request, provided, however, that nothing
herein shall require Seller to provide service at any rates
that do not yield an acceptable return to Seller and
provided further, that Seller shall not be required to enter
into Service Agreements with terms of more than one year
unless Customer has a long-term debt rating of at least Baa3
according to Moody's Investors Service, or BBB- according to
Standard & Poor's Corporation, unless the obligations to the
Seller are guaranteed by a person with a long-term debt
rating equal to or greater than stated above. Economic
value shall be determined on the basis of the product of the
term of service in years in the request, (using a term not
to exceed twenty (20) years) and the Reservation Charges for
each year in the life of the Agreement agreed to in the
request by the requesting party, discounted to present value
by the then-current interest rate determined in accordance
with Section 154.501(d) of the Commission's Rules and
Regulations. The sum of the present value for each year in
the life of the Agreement shall be the economic value of the
Agreement. In the event two or more bids with equal
economic values are received for combined capacity in excess
of the quantity of available firm capacity, the capacity
will be allocated on a first come first served basis.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 98 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
(b) Right of First Refusal:
Any Customer or Replacement
Customer with an FSS Agreement having a term
of one (1) year or more may exercise a right
to continue to receive service under that
Agreement for all or a portion of the firm
capacity under the Agreement at the
expiration of the Agreement's term provided
that Customer notifies Seller twelve (12)
months prior to the expiration of the
Agreement of its intent to continue service
under the Agreement, and will match the best
offer made by others for such capacity or
portion thereof by offering a rate and term
of Agreement that produces an equivalent or
greater economic value (using a term not to
exceed five (5) years) for such capacity as
defined in Section 10.1(a), above, provided
that Seller shall not be obligated to enter
into an extension of any Agreement or
continue service at any rate that does not
yield an acceptable return to Seller, nor
shall Seller be obligated to enter into an
extension of any Agreement or continue
service to any Customer or Replacement
Customer who fails to meet the
Creditworthiness requirements set forth in
Section 11.5 of these General Terms and
Conditions.
After Customer has notified Seller
of its intent to continue service, the
capacity available under Customer's Agreement
will be posted on Seller's EBB for bid.
Seller will accept bids for this capacity
from the time of posting up to and including,
but on later than, the forty fifth (45) day
prior to the date the existing Agreement is
scheduled to expire. Within five (5)
Business Days of the date bidding ends,
Seller will notify Customer of the bid
received having the greatest economic value,
as defined by Section 10.1(a) of this tariff.
Customer will have ten (10) Business Days to
notify Seller whether it will match the rate
and term offered in the best bid (term will
be limited to five (5) years), and if so will
execute a new service Agreement matching the
offer prior to the termination of the
existing Agreement. If no bids are received,
Customer may continue to receive service
under a new Agreement at a rate agreed to by
Customer and Seller.
(c) Priority Of Firm Storage Under Agreements:
All firm Storage Service Agreements under Rate Schedule FSS
shall have equal priority as to service, and shall have
priority over interruptible Storage Services under Rate
Schedule ISS. Service under both FSS and ISS shall have
priority over Overrun Service.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 99 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
10.2 INTERRUPTIBLE STORAGE
(a) Priority Of Nominations For
Interruptible Service: Seller, in
determining the allocation of interruptible
service capacity on any Gas Day among
Customers under Rate Schedule ISS, which have
nominated quantities of service desired on
such Gas Day, shall be assigned the order of
priority of such service on the basis that
the highest rate offered for such service
shall be accorded the highest priority. If
more than one nomination or request for
interruptible storage on a Gas Day includes
an offer of the same rate, then the order of
priority as among such nominations or
requests shall be the same, and if the
available capacity is insufficient to provide
the full level of service proposed in such
nominations or requests, the service provided
shall be allocated among such Customers pro
rata based on the quantities nominated or
requested.
(b) A Customer desiring service under
Rate Schedule ISS in a Month shall submit to
Seller, at least five (5) Business Days prior
to the start of such Month, the rate that
such Customer is willing to pay for such
service in such Month. The rate submitted by
Customer pursuant to the above provision
shall be used to determine priority among
nominations on each Gas Day of such Month.
Once Customer's nomination is accepted, and
priority is assigned thereto pursuant to this
section for such Month, such priority shall
not be changed by the execution of new ISS
Agreements during the Month for service under
Rate Schedule ISS.
(c) Notwithstanding the provisions of
this Section 10.2, if a Customer under Rate
Schedule ISS fails to submit a timely
nomination for service for a Month, pursuant
to these General Terms and Conditions, for
such service, then such Customer's priority
for such service for that Month, shall be
changed, on the first Day of that Month, to a
ranking below that of all other Customers who
have made timely nominations for service.
10.3 Overrun Service
All requests for Overrun Service under Rate
Schedules FSS or ISS shall rank in priority below requests
for service which are within the Customers' respective
Maximum Storage Quantities. If some, but not all, overrun
service requests can be satisfied, the service shall be
allocated on the basis of highest rate offered for such
service (pro rata for customers offering the same rate for
such service).
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 100 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
10.4 Communications
In offering service from time to time
pursuant to this Section 10, to a Customer under
an Agreement, Seller may deem any offer made by
telephone or other instant communication method to
have been refused if acceptance thereof is not
communicated to Seller within six (6) normal
working hours after such offer, or as otherwise
agreed to by the parties.
11. MISCELLANEOUS
11.1 Responsibility for Gas. Upon receipt of Gas
to be stored, Seller shall be in exclusive control
and possession of such Gas and responsible for any
loss thereof, or any and all injury or damage
caused thereby, until the Equivalent Quantities of
Gas have been delivered for the account of
Customer after which Customer shall be in
exclusive control and possession of such Gas and
responsible for any and all injury or damage
caused thereby.
11.2 Warranty. Customer or Replacement Customer
warrants for itself, its successors, and assigns,
that it has, or will have, at the time of delivery
of the Gas for injection hereunder good title to
such Gas and/or good right to cause the Gas to be
delivered to Seller for Storage. Customer or
Replacement Customer warrants for itself, its
successors, and assigns, that the Gas it warrants
hereunder shall be free and clear of all liens,
encumbrances or claims, that it will indemnify and
save Seller harmless from all suits, actions,
debts, accounts, damages, costs, losses, and
expenses arising from or out of adverse claims of
any and all persons to said Gas and/or to
royalties, taxes, license fees, or charges thereon
which are directly applicable to such delivery of
Gas and that it will indemnify and save Seller
harmless from all taxes or assessments which may
be directly levied and assessed upon such delivery
and which are by law payable and the obligation of
the party making such delivery.
11.3 Waivers. No waiver by either Seller or Customer
of any one or more defaults by the other in the performance
of any provisions hereunder shall operate or be construed as
a waiver of any future default or defaults, whether of a
like or a different character. Seller shall retain the
right to waive, with respect to Customer, any Section of
these General Terms and Conditions and Rate Schedules FSS
and ISS, if Seller does so in a non-discriminatory manner.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 101 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
11.4 Assignments. Any company which shall succeed
by purchase, merger or consolidation to the
properties, substantially as an entirety, of
Customer or of Seller, as the case may be, shall
if eligible be entitled to the rights and shall be
subject to the obligations of its predecessor in
title under the Agreement(s) between Seller and
Customer. Either Seller or Customer may assign
any of its rights or obligations under its
Agreement(s) to a financially responsible
corporation with which it is affiliated at the
time of such assignment. Furthermore, Seller may,
as security for its indebtedness, assign, mortgage
or pledge any of its rights or obligations under
its Agreement(s), including its rights to receive
payments, to any other entity, and Customer will
execute any consent agreement with such entity and
provide such certificates and other documents as
Seller may reasonably request in connection with
any such assignment. Customer also may assign or
pledge its Agreement(s) under the provisions of
any mortgage, deed of trust, indenture or similar
instrument which it has executed or may hereafter
execute covering substantially all of its
properties. Otherwise, except as provided in
Section 7 of Rate Schedule FSS, or except as
mandated by Section 284.242 of the Regulations of
the Commission, neither party shall assign its
Agreement(s) or any of its rights thereunder
unless it first shall have obtained the consent
thereto in writing of the other party.
11.5 Creditworthiness. Seller shall not be
required to commence service or, subject to the
following provisions, to continue to provide
service and may terminate an Agreement with any
Customer under Rate Schedule FSS with a primary
term of one year or less and Service Agreements
under Rate Schedule ISS, if:
(a) Customer is or has become insolvent;
(b) Customer has applied for bankruptcy
under Chapter 11 of the Bankruptcy Code, or
which is subject to similar proceedings under
State of Federal law; or
(c) Customer, when requested by Seller
to demonstrate creditworthiness, fails to do
so in Seller's reasonable judgement, in light
of previous payment experience and changes
thereto and the prudent credit analysis of
information available; provided, however,
that any such Customer that is receiving
service shall continue to receive service for
a period of fifteen (15) days after written
notice by Seller of any such circumstance,
and shall continue thereafter to receive
service if, within such fifteen (15) day
notice period, such Customer:
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 102 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
(i) deposits with Seller and
maintains, on account, an amount which
would be due for three (3) Months
service at the full contract quantities
set forth in the Service Agreement; or
(ii) furnishes good and
sufficient security, which may include
an acceptable standby letter of credit,
or monthly prepayment agreement or other
security as reasonably determined by
Seller, of a continuing nature and in an
amount equal to such amounts which would
be due for service. If such payment on
account or payment security is not
received within such fifteen (15) day
notice period, Seller may, without
waiving any rights or remedies it may
have, suspend further service for a
period of ten (10) days. If such
payment on account or a payment security
is not received within such ten (10) day
suspension period, then Seller shall no
longer be obligated to continue to
provide service to such Customer.
Seller shall not be required to
commence service, or subject to the following
provisions, to continue to provide service
and may terminate a Service Agreement with
any Customer under Rate Schedule FSS having a
term of more than one year if Customer, or
its guarantor, fails to maintain a long-term
debt rating issued by either Moody's
Investors Service, or Standard and Poor's
Corporation, or Customer's, or its
guarantor's, long-term debt rating issued by
Moody's Investors Service or Standard and
Poor's Corporation falls below a rating of at
least Baa3 according to Moody's Investors
Service or BBB- according to Standard &
Poor's Corporation; provided, however, that
any such Customer that is receiving service
shall continue to receive service for a
period of three (3) months during which
Customer shall have the ability to:
(1) attain minimum long-term debt ratings as
described above; or
(2) secure a guarantee by a
person with a minimum long-term debt
rating as described above, provided
further, if Customer should fail to meet
the requirements set forth within the
three (3) month period, Seller shall
have the right to market the capacity
underlying the Service Agreement(s) in
question to other customers meeting the
requirements as set forth herein.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Substitute Original Sheet No. 103 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
11.6 Interpretation of Laws. Any Agreement shall
be interpreted, performed and enforced in
accordance with the laws of the State of New York.
11.7 Regulations. Any Agreement, and all terms
and provisions herein, and the respective
obligations of the parties thereunder are subject
to valid laws, orders, rules and regulations of
duly constituted authorities having jurisdiction.
11.8 No Third-Party Beneficiary. It is expressly
agreed that there is no Third-Party Beneficiary to
any Agreement, and that the provisions of any
Agreement and these General Terms and Conditions
do not impart enforceable rights in anyone who is
not a party or successor or assignee of any party
to an Agreement herein.
11.9 Counterparts. Any Agreement may be executed
in any number of counterparts, each of which shall
be deemed an original, but all of which together
shall constitute but one and the same instrument.
11.10 Headings. The headings contained in any
Agreement are for reference purposes only and
shall not affect the meaning or interpretation of
any Agreement.
11.11 Compliance with Gas Industry Standards
Board. Seller has adopted all of the business
practices and electronic communication standards
that were incorporated in 18 CFR 284.10(b) in
accordance with Order Nos. 587, et al. Seller
specifically incorporates the following practices
and standards of Version 1.4 into this Original
Volume No. 1 FERC Gas Tariff, Standard Nos:
0.3.1
1.2.1 through 1.2.3, 1.2.5 through .12,
1.3.2, .3, .5 through .7, .9, .11, .13, .15
through .19, .22 through .63, .79
1.4.1 through .7,
2.3.1 through .6, .8, .10 through .13, .15 through
.25, .27 through 35
2.4.1 through .6,
3.3.1 through .8, .10 through .13, .16, .17, .20
through .25,
3.4.1 through .4,
4.1.1 through .38,
4.2.1 through .19,
4.3.1 through .85,
5.2.1, 5.2.2,
5.3.4, .5, .7 through .12, .17, .18, .20 through
.26, .30 through 42, and
5.4.1 through .19.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 104 : Pending |
| FERC Gas Tariff | | Original Sheet No. 104 |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
12. FACILITIES
Unless otherwise agreed to by the parties, once
Seller's Stagecoach Storage facility is initially
constructed Seller shall not be required to own,
construct and install any additional facilities to
perform the service requested by Customer. In the
event Seller agrees to own, construct and install
additional facilities to perform the service requested
by Customer including, but not limited to, hot tap,
processing, measurement, injection/withdrawal wells,
gathering system pipe line looping and/or compression
facilities, Customer shall reimburse Seller for all
Seller's costs associated therewith either on a lump
sum or incremental fee basis as agreed to by the
parties.
13. ELECTRONIC BULLETIN BOARD
Seller has established an Electronic Bulletin Board
("EBB") that will be available through subscription, to
any existing or potential Customer on Seller's system.
The EBB shall Contain information relevant to the
availability of capacity on Seller's system. The EBB
will be provided at Internet website
StagecoachStorage.com. Access is available to any
party upon execution of an EBB Subscription Form;
copies of the EBB Subscription Form are available on
request by telephoning (713) 290.8768. Seller shall
notify Customer of any change to its EBB procedures.
Seller may also charge a fee to users of the EBB to
recover variable costs associated with the EBB.
Seller shall maintain daily backups of all storage
transactional files and archive them for a period of
three (3) years pursuant to Commission regulations, and
shall allow any customer access to such historical
information, for a reasonable fee, within a reasonable
period of any such request.
14. RESPONSIBILITY FOR ASSOCIATED TRANSPORTATION
The transportation of quantities to be stored hereunder
to and from the Point of Injection/Withdrawal is solely
the Customer's responsibility.
15. TITLE TRANSFERS OF GAS IN STORAGE
15.1 A Customer may sell Working Storage Gas to any
other Customer under a Rate Schedule with the same priority,
either firm or interruptible, if:
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 104 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
12. FACILITIES
Unless otherwise agreed to by the parties, once
Seller's Stagecoach Storage facility is initially
constructed Seller shall not be required to own,
construct and install any additional facilities to
perform the service requested by Customer. In the
event Seller agrees to own, construct and install
additional facilities to perform the service requested
by Customer including, but not limited to, hot tap,
processing, measurement, injection/withdrawal wells,
gathering system pipe line looping and/or compression
facilities, Customer shall reimburse Seller for all
Seller's costs associated therewith either on a lump
sum or incremental fee basis as agreed to by the
parties.
13. ELECTRONIC BULLETIN BOARD
Seller has established an Electronic Bulletin Board
("EBB") that will be available through subscription, to
any existing or potential Customer on Seller's system.
The EBB shall Contain information relevant to the
availability of capacity on Seller's system. The EBB
will be provided at Internet website eCorpUSA.com.
Access is available to any party upon execution of an
EBB Subscription Form; copies of the EBB Subscription
Form are available on request by telephoning (713) 520-
0993. Seller shall notify Customer of any change to
its EBB procedures. Seller may also charge a fee to
users of the EBB to recover variable costs associated
with the EBB.
Seller shall maintain daily backups of all storage
transactional files and archive them for a period of
three (3) years pursuant to Commission regulations, and
shall allow any customer access to such historical
information, for a reasonable fee, within a reasonable
period of any such request.
14. RESPONSIBILITY FOR ASSOCIATED TRANSPORTATION
The transportation of quantities to be stored hereunder
to and from the Point of Injection/Withdrawal is solely
the Customer's responsibility.
15. TITLE TRANSFERS OF GAS IN STORAGE
15.1 A Customer may sell Working Storage Gas to any
other Customer under a Rate Schedule with the same priority,
either firm or interruptible, if:
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Substitute Original Sheet No. 105 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
(a) Both purchaser and seller of the
Working Storage Gas provides Central New York
Oil And Gas Company, LLC with verification of
the transfer in writing; and
(b) The purchase does not cause either
Customer to exceed its Maximum Storage
Quantity, as specified in each Customer's
Agreement.
15.2 Central New York Oil And Gas Company, LLC
will recognize the transfer for purposes of
computing available Working Storage Gas and
applicable Injection and Withdrawal Quantities on
a prospective basis within 24 hours after
receiving the written verification required by
Section 15.1(a).
16. OPERATIONAL FLOW ORDERS ("OFOs")
16.1 General. Seller, in its discretion, shall
have the right to issue OFOs when in its judgement
it is necessary to maintain or restore the
operational integrity of Seller's storage system.
Seller will not be required to issue an OFO to
redeliver Gas to any Customer that has not
Tendered Equivalent Quantities of Gas to Seller's
storage system.
16.2 Forms of OFOs. An OFO may:
(a) direct any Customer to increase/decrease
quantities injected or withdrawn or
increase/decrease pressures at a Point of
Injection/Withdrawal, in accordance with
Section 16.4, below; or
(b) implement verbal arrangements with
transporters; or
(c) enable Seller to take or require any other actions
as may be deemed necessary by Seller in its judgement in
order to maintain the operational integrity of Seller's
storage system.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Substitute Original Sheet No. 106 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
16.3 OFO Operations Conditions. OFOs may be
issued in any of the following circumstances:
(a) to alleviate conditions that threaten
the operational integrity of Seller's storage
system; or
(b) to maintain minimum necessary pressures
for storage operations.
The OFO will remain in effect until the
operational condition requiring its issuance has
been remedied.
16.4 Condition to Firm Service Agreements.
Seller may issue an effective OFO to any Customer
under Rate Schedule FSS to (1) increase/decrease
quantities Tendered to Seller for storage at the
Point of Injection/Withdrawal, up to customer's
Maximum Daily Injection Quantity; (2)
increase/decrease quantities requested to be
withdrawn from storage at the Point of
Injection/Withdrawal, up to Customer's Maximum
Daily Withdrawal Quantity. Customer will be
required to comply with such OFO within twenty-
four (24) hours prior notice.
16.5 OFO Notice, Contents and Procedures. Seller shall
issue an OFO as expeditiously as is reasonably
practicable in the circumstances, utilizing
electronic communication, (information transmitted
via Seller's EBB, electronic delivery mechanism
prescribed
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 107 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
by GISB or other mutually agreed
communication methodologies used to transmit and
receive information, including communication by
telephone). Seller shall post and provide
Customers with updated information concerning the
status of operational variables related to the OFO
as soon as it is available. Each OFO will contain
the following provisions:
(a) time and date of issuance;
(b) time that the OFO is considered to be
effective (if no time is specified, the OFO
shall be effective immediately);
(c) duration of the OFO (if none is
specified, the OFO will be effective until
further notice);
(d) the party or parties receiving the OFO;
(e) the quantity of Gas required to remedy
the operational condition requiring the
issuance of the OFO; and
(f) any other terms Seller may reasonably
require to ensure the effectiveness of the
OFO.
16.6 Failure to Comply with OFO. If Customer or
agent fails to comply with the terms of an OFO,
for any reason other than force majeure on an
upstream or downstream pipeline, such Customer
shall be: (a) liable for any damages including,
but not limited to direct, consequential,
exemplary or punitive damages incurred by Seller
or any other affected party as a result of such
failure. Notwithstanding anything to the contrary
in this Section 16.6, if Customer is required to
make a nomination pursuant to an OFO, unless
critical circumstances dictate otherwise, no
damages and/or penalties will be assessed unless
Customer is given the opportunity to correct the
circumstances giving rise to the OFO.
16.7 Seller's Liability for OFOs. Seller shall
not be liable to any person for any costs, damages
or other liability associated with the issuance
of, or the failure to issue, any OFOs, provided,
however, Seller shall be liable for acts of
negligence or undue discrimination, such standards
to be judged in light of the emergency conditions
under which OFOs are issued.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Substitute Original Sheet No. 108 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
GENERAL TERMS AND CONDITIONS (continued)
16.8 Seller's Scheduling Authority. Seller shall
have the right to act as a scheduling agent for a
Customer's account if (a) the Customer refuses to
schedule Gas injections or withdrawals as
specified by an OFO issued pursuant to Section
16.4(a); or (b) if Seller requires additional
quantities in less than the twenty-four (24) hour
notice period normally required for an OFO, and
the Customer has refused verbal request to
schedule the required quantity of Gas.
17. OFF-SYSTEM CAPACITY.
Seller may, from time to time, acquire transportation
and/or storage capacity on a third-party pipeline
system. Seller states that it will only provide
transportation and storage services for others using
such capacity pursuant to its open access FERC Gas
Tariff subject to its rates approved by the Federal
Energy Regulatory Commission and the "shipper must hold
title" policy is waived to permit such use.
18. PENALTY REVENUE CREDITING.
Each Month, Seller will determine the amount of penalty
revenues it has received for the Month, including any OFO
damages paid by Customers pursuant to Section 16 of these
General Terms and Conditions and the value of Gas retained
pursuant to Rate Schedule FSS Sections 2(f) and 8 and Rate
Schedule ISS Section 7, in each case, net of costs. Seller
will credit the net amount of penalty revenues to those
Customers under Rate Schedule FSS and Rate Schedule ISS that
were not billed penalties during the applicable Month ("Non-
Offending Shippers"). Each Non-Offending Shipper's credit
shall be based on the ratio of the actual revenue collected
from the Non-Offending Shipper for the Month divided by the
actual revenue collected from all Non-Offending Shippers for
the Month. Each Non-Offending Shipper's credit shall be
paid as a billing adjustment, including documentation to the
billing of charges for service during the following Month.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet Nos. 109-119 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
SHEET NOS. 109-119 RESERVED FOR FUTURE USE
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 120 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
Central New York Oil And Gas Company, LLC
SERVICE REQUEST FORM
Send to: Central New York Oil And Gas Company, LLC
("Seller")
10000 Memorial
Suite 530
Houston, Texas 7709
Date Received
Attention: Marketing Department
Telecopier No.: (713) 526-2365
Verification: (713) 526-0993
NOTE: A check, if required by Section 2.1, must
accompany each Storage Service Request to be
valid.
INFORMATION REQUIRED FOR VALID STORAGE REQUEST
NOTE: ANY CHANGE IN THE FACTS SET FORTH BELOW,
WHETHER BEFORE OR AFTER SERVICE BEGINS, MUST BE
PROMPTLY COMMUNICATED TO SELLER IN WRITING.
1. Requestor: (Do not complete if same as Customer,
see No. 3 below)
Requestor's
Name:_________________________________________________
2. Is Requestor affiliated with Seller? YES _____ NO _____
If yes, type of affiliation and the percentage of
ownership between Seller and
Requestor__________________________________
3. Customer's Name and Address: (Note: The "Customer" is
the party which proposes to execute the Storage
Agreement with Seller).
_______________________________________________________
__________
_______________________________________________________
__________
Attention: ______________________ Telephone
(____)____________________
Address for
_____________________________________________________
Statements
_____________________________________________________
& Invoices
_____________________________________________________
Attention: ____________________ Telephone
(____)__________________
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 121 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
SERVICE REQUEST FORM (continued)
For all
__________________________________________________
Other Matters
__________________________________________________
Attention: ____________________ Telephone
(____)_______________
Dispatch & Control Representative
_________________________________
Telephone No. (____)_____________ Telecopier
(____)________________
Is Customer affiliated with Seller? YES _____ NO _____
If yes, type of affiliation and the percentage of
ownership between Seller and Customer
_______________________________
5. Customer is a(n): (Check One)
_____ Local Distribution Company _____
Producer
_____ Intrastate Pipeline Company _____ End-
User
_____ Interstate Pipeline Company _____
Marketer/Broker
_____ Other (Describe)
__________________________________
6. Customer is Acting: (Check One)
_____ for Itself
_____ as Agent for
________________________________________
7. This request is for: (Check One)
_____ Firm Storage Service under Rate Schedule FSS
_____ Interruptible Storage Service under Rate
Schedule ISS
8. Requested Storage Demand Withdrawal Quantity (SDWQ)
(FSS Only)
Service Category ____
Dekatherms per day* ___________
* Storage Demand Withdrawal Quantity for all
firm services must be determined in accordance
with Seller's Rate Schedule FSS.
9. Requested Maximum Storage Quantity
_____ Dekatherms (Shall not be less than 100,000
dth, except for volumes under Section 7 of Rate
Schedule FSS.)
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 122 : Effective |
| FERC Gas Tariff | | Original Sheet No. 122 |
| Original Volume 1 |
SERVICE REQUEST FORM (continued)
10. Term of Service:
Date service is requested to commence:_____________________
Date service is requested to terminate:____________________
(Agreements for FSS shall commence on April 1 and terminate
on March 31 of any following year)
11. Rate Information (Provide rate customer will agree to
pay for service requested):
FIRM
Deliverability Reservation Rate - Monthly $________ per dth
Capacity Reservation Rate - Monthly $________ per dth
Injection Rate $________ per dth
Withdrawal Rate $________ per dth
Overrun Injection Rate $________ per dth
Overrun Withdrawal Rate $________ per dth
Base Gas Rate $________ per dth
INTERRUPTIBLE
Interruptible Storage Rate $________ per dth-day
12. Certified Statement:
By submitting this request, Customer certifies that
Customer has or will have by the time of execution of an
Agreement with Seller, title to, or the legal right to cause
to be delivered to Seller, for Storage, the Gas which is to
be stored and facilities or contractual rights which will
cause such Gas to be delivered to and received from Seller.
13. Credit Evaluation: as required by Section 2.2(h) of the
General Terms and Conditions.
THIS STORAGE SERVICE REQUEST IS HEREBY SUBMITTED
this _____ day of ____________________, ______.
By: ___________________________________________
Telephone Number: (____)________________________
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet Nos. 123-129 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
SHEET NOS. 123 - 129 RESERVED FOR FUTURE USE
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 130 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
FORM OF FSS SERVICE AGREEMENT
For Use Under Seller's Rate Schedule FSS
THIS AGREEMENT entered into as of the ____ day of
_____________, _____, by and between Central New York Oil
And Gas Company, LLC, a New York limited liability company,
hereinafter referred to as "Seller," and
___________________________, hereinafter referred to as
"Customer."
W I T N E S S E T H
WHEREAS, Customer has requested Seller to store Gas on
its behalf; and
WHEREAS, Seller has sufficient capacity available to
provide the Storage Service for Customer on the terms
specified herein;
NOW, THEREFORE, Seller and Customer agree as follows:
ARTICLE I
STORAGE SERVICE
1. Seller's service hereunder shall be subject to receipt
of all requisite regulatory authorizations from the
Federal Energy Regulatory Commission ("Commission"), or
any successor regulatory authority, and any other
necessary governmental authorizations, in a manner and
form acceptable to Seller.
2. Subject to the terms and provisions of this Agreement,
Customer may on any Gas Day cause Gas to be delivered
to Seller up to the Maximum Daily Injection Quantity
plus Seller's Injection Use for Storage of up to the
Maximum Storage Quantity and at Customer's request on
any Gas Day Seller agrees to Tender Equivalent
Quantities of Gas to or for the account of Customer, on
a firm basis, up to the Maximum Daily Withdrawal
Quantity, reduced by Seller's Withdrawal Use.
3. Seller may, if requested by Customer, inject or
withdraw from storage daily quantities in excess of the
Maximum Daily Injection Quantity or Maximum Daily Withdrawal
Quantity specified in Paragraph 2, above, if it can do so
without adverse effect on Seller's operations or its ability
to meet its higher priority obligations.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 131 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
FORM OF FSS SERVICE AGREEMENT (continued)
ARTICLE II
POINT OF INJECTION/WITHDRAWAL
1. Customer shall deliver or cause to be delivered Gas
hereunder at the Point of Injection/Withdrawal.
2. Seller shall Tender to or for the account of Customer,
Equivalent Quantities of Gas stored hereunder, at the
Point of Injection/Withdrawal.
ARTICLE III
TERM OF AGREEMENT
1. This Agreement shall be effective as of the date first
above written and shall remain in effect for a primary
term commencing April 1, ______ or from such later date
when Seller shall notify Customer that the storage
facilities of Seller are completed and ready to accept
deliveries for the account of Customer and ending March
31, ______.
ARTICLE IV
RATE SCHEDULE AND CHARGES
1. Each Month, Customer shall pay Seller for the service
hereunder, an amount determined in accordance with
Seller's Rate Schedule FSS and the applicable
provisions of the General Terms and Conditions of
Seller's FERC Gas Tariff, Original Volume No. 1, as
filed with the Commission. Sections IV & V of Exhibit
A hereto sets forth the applicable information as
follows, which shall be utilized for transactions
hereunder:
(a) Rates and Charges
(b) Additional charges which are applicable.
When the level of any additional charges is changed
pursuant to Commission authorization or direction, Seller
may unilaterally effect an amendment to Exhibit A to reflect
such change(s) by so specifying in a written communication
to Customer.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 132 : Effective |
| FERC Gas Tariff | | Original Sheet No. 132 |
| Original Volume 1 |
FORM OF FSS SERVICE AGREEMENT (continued)
FORM OF FSS SERVICE AGREEMENT (continued)
2. It is further agreed that Seller may seek authorization
from the Commission and/or other appropriate body for such
changes to any rates, terms and conditions set forth herein,
in Rate Schedule FSS or in the General Terms and Conditions
of Seller's FERC Gas Tariff, as may be found necessary to
assure Seller just and reasonable rates. Nothing herein
contained shall be construed to deny Customer any rights it
may have under the Natural Gas Act, as amended, including
the right to participate fully in rate proceedings by
intervention or otherwise to contest Seller's filing in
whole or in part.
3. Further Agreement:
(Write None or specify the agreement).
ARTICLE V
NOTICE
1. Except as may be otherwise provided, any notice,
request, demand, statement or bill provided for in this
Agreement or any notice which a party may desire to give the
other shall be in writing delivered personally, sent by
facsimile (with transmission confirmation by sender's
machine), sent by reliable delivery service (e.g., FedEx,
UPS), or mailed by regular mail, effective as of the
postmark date, to the post office address of the party
intended to receive the same, as the case may be, as
follows:
Seller: Central New York Oil And Gas Company, LLC
10000 Memorial
Suite 530
Houston, Texas 77024
Fax: (713) 526-2365
Attention: Stagecoach Gas Storage Supervisor
Customer: _______________________________________
_______________________________________
_______________________________________
_______________________________________
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 133 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
FORM OF FSS SERVICE AGREEMENT (continued)
ARTICLE VI
INCORPORATION BY REFERENCE
The provisions of Rate Schedule FSS and the General
Terms and Conditions of Seller's FERC Gas Tariff,
Original Volume No. 1, are specifically incorporated
herein by reference and made a part hereof.
ARTICLE VII
MISCELLANEOUS
1. This Agreement supersedes and cancels the following
contract between the parties hereto effective
_____________________:
2. Replacement Customer. [If Customer is a Replacement
Customer, state identity of Releasing Customer and
Contract Number under which capacity is released. The
offer of release issued by the Releasing Customer is
incorporated herein by reference.]
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed by their respective Officers or
Representatives thereunto duly authorized.
Central New York Oil And Gas
Company, LLC
By
______________________________________
Its
______________________________________
_________________________________________
(Customer)
By
______________________________________
Its
______________________________________
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 134 : Effective |
| FERC Gas Tariff | | Original Sheet No. 134 |
| Original Volume 1 |
FORM OF FSS SERVICE AGREEMENT (continued)
EXHIBIT "A"
to
Agreement between
Central New York Oil And Gas Company, LLC (Seller)
and
________________________________________(Customer)
Dated _______________________
I. MAXIMUM DAILY INJECTION QUANTITY: _______________ dth
II STORAGE DEMAND WITHDRAWAL QUANTITY:_______________ dth
III. MAXIMUM STORAGE QUANTITY: _______________ dth
IV RATES AND CHARGES (Monthly)
Deliverability Reservation Rate $_______ per dth
Capacity Reservation Rate $_______ per dth
Injection Rate $_______ per dth
Overrun Injection Rate $_______ per dth
Withdrawal Rate $_______ per dth
Overrun Withdrawal Rate $_______ per dth
Base Gas Rate $_______ per dth
V. ADDITIONAL CHARGES - pursuant to Section 5 of Rate
Schedule FSS
____________________________
____________________________
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 135 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
SHEET NO. 135 RESERVED FOR FUTURE USE
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 136 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
FORM OF ISS SERVICE AGREEMENT
(For Use Under Seller's Rate Schedule ISS)
THIS AGREEMENT entered into as of the ____ day of
_____________, _____, by and between Central New York Oil
And Gas Company, LLC, a New York limited liability company,
hereinafter referred to as "Seller," and
___________________________, hereinafter referred to as
"Customer."
W I T N E S S E T H
WHEREAS, Customer has requested Seller to store Gas on
its behalf; and
WHEREAS, Seller has sufficient storage capacity
available to provide Interruptible Storage Service for
Customer on the terms specified herein;
NOW, THEREFORE, Seller and Customer agree as follows:
ARTICLE I
STORAGE SERVICE
1. Seller's service hereunder shall be subject to receipt
of all requisite regulatory authorizations from the
Federal Energy Regulatory Commission ("Commission"), or
any successor regulatory authority, and any other
necessary governmental authorizations, in a manner and
form acceptable to Seller.
2. Subject to the terms and provisions of this Agreement,
Customer may deliver or cause Gas to be delivered to
Seller on an interruptible basis, up to the Maximum
Daily Injection Quantity, plus Seller's Injection Use,
for Storage up to the Maximum Storage Quantity, and
Seller agrees to receive, store and redeliver at
Customer's request Equivalent Quantities of Gas to or
for the account of Customer, on an interruptible basis,
up to the Maximum Daily Withdrawal Quantity, reduced by
Seller's Withdrawal Use, as set forth on Exhibit A
attached hereto.
3. Seller, if requested by Customer, may inject or
withdraw from storage daily quantities in excess of the
Maximum Daily Injection Quantity or Maximum Daily
Withdrawal Quantity specified in Paragraph 2 above, if
it can do so without adverse effect on Seller's
operations or its ability to meet all higher priority
obligations.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 137 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
FORM OF ISS SERVICE AGREEMENT (continued)
ARTICLE II
POINT OF INJECTION/WITHDRAWAL
1. Customer shall deliver or cause to be delivered Gas
hereunder at the Point of Injection.
2. Seller shall Tender to or for the account of Customer,
Equivalent Quantities of Gas stored hereunder, at the
Point of Withdrawal.
ARTICLE III
TERM OF AGREEMENT
1. This Agreement shall be effective for an initial period
as of the date first written above until
_____________________, and __________ to __________
thereafter, until terminated by Seller or Customer upon
__________ prior written notice to the other specifying
a termination date at the end of such period or any
successive period thereafter. The period of service
hereunder shall be from _______________ until the
termination of this Agreement.
ARTICLE IV
RATE SCHEDULE AND CHARGES
1. Each Month, Customer shall pay Seller for the service
hereunder, an amount determined in accordance with
Seller's Rate Schedule ISS and the applicable
provisions of the General Terms and Conditions of
Seller's FERC Gas Tariff, Original Volume No. 1, as
filed with the Commission. Sections IV & V of Exhibit
A hereto sets forth the applicable information as
follows, which shall be utilized for transactions
hereunder:
a. Rates and Charges
b. Additional charges which are applicable.
When the level of any Additional charges is changed
pursuant to Commission authorization or direction,
Seller may unilaterally effect an amendment to Exhibit
A to reflect such change(s) by so specifying in a
written communication to Customer.
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
First Revised Sheet No. 138 : Effective |
| FERC Gas Tariff | | Original Sheet No. 138 |
| Original Volume 1 |
FORM OF ISS SERVICE AGREEMENT (continued)
2. It is further agreed that Seller may seek authorization
from the Commission and/or other appropriate body for such
changes to any rates, terms and conditions set forth herein
in Rate Schedule ISS or in the General Terms and Conditions
of Seller's FERC Gas Tariff, as may be found necessary to
assure Seller just and reasonable rates. Nothing herein
contained shall be construed to deny Customer any rights it
may have under the Natural Gas Act, as amended, including
the right to participate fully in rate proceedings by
intervention or otherwise to contest Seller's filing in
whole or in part.
3. Further Agreement:
(Write None or specify the agreement).
ARTICLE V
NOTICE
1. Except as may be otherwise provided, any notice,
request, demand, statement or bill provided for in this
Agreement or any notice which a party may desire to give the
other shall be in writing delivered personally, sent by
facsimile (with transmission confirmed by sender's machine),
sent by reliable delivery service (e.g., FedEx, UPS), or
mailed by regular mail, effective as of the postmark date,
to the post office address of the party intended to receive
the same, as the case may be, as follows:
Seller: Central New York Oil And Gas Company, LLC
10000 Memorial
Suite 530
Houston, Texas 77024
Fax: (713) 526-2365
Attention: Stagecoach Gas Storage Supervisor
Customer: _______________________________________
_______________________________________
_______________________________________
_______________________________________
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 139 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
FORM OF ISS SERVICE AGREEMENT (continued)
ARTICLE VII
MISCELLANEOUS
1. This Agreement supersedes and cancels the following
contract between the parties hereto effective
_____________________:
2. Replacement Customer. [If Customer is a Replacement
Customer, state identity of Releasing Customer and
Contract Number under which capacity is released. The
offer of release issued by the Releasing Customer is
incorporated herein by reference.]
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be signed by their respective Officers or
Representatives thereunto duly authorized.
Central New York Oil And
Gas Company, LLC
By
_________________________________
Its
________________________________
____________________________________
(Customer)
By
_________________________________
Its
________________________________
| Issued by: |
| Issue date: |
|
Effective date: |
| Central New York Oil And Gas Company, LLC |
|
Original Sheet No. 140 : Effective |
| FERC Gas Tariff | | |
| Original Volume 1 |
FORM OF ISS SERVICE AGREEMENT (continued)
EXHIBIT "A"
to
Agreement between
Central New York Oil And Gas Company, LLC (Seller)
and
________________________________________ (Customer)
Dated ________________________
I. MAXIMUM DAILY INJECTION QUANTITY: ______________
dth
II. MAXIMUM DAILY WITHDRAWAL QUANTITY: ______________ dth
III. MAXIMUM STORAGE QUANTITY: ______________
dth
IV RATES AND CHARGES
Interruptible Storage Rate $_______ per dth-day
| Issued by: |
| Issue date: |
|
Effective date: |