Common use of Interstate Pipeline Capacity Clause in Contracts

Interstate Pipeline Capacity. As a prerequisite for its participation in this Program, Supplier agrees, as agent for its pool customers, to acquire firm interstate pipeline capacity into the Company’s system in amounts equal to the aggregate MDQ of Supplier's customer pools less the firm interstate pipeline capacity assigned to the Supplier by the Company, including the MDDQ associated with the EFBS program, as more fully described below. The Company shall have the right to periodically review the level and assignment of Supplier’s capacity contracts in order to assure adequate MDQ coverage. Due to the physical configuration of the Company’s system, and certain upstream interstate pipeline facilities, and to enable the Company to comply with lawful interstate pipeline tariffs and/or to maintain the Company's system integrity, the Company reserves the right to direct each Supplier to proportionally deliver, with respect to the Company's northern and southern interstate pipeline receipt points, the Supplier's daily pool requirements, which shall include any use by Supplier of its EFBS bank so that Supplier’s total deliveries, including flowing supply and EFBS bank withdraw, need not exceed Supplier’s MDQ. Specific delivery requirements will be electronically posted by the Company. If Supplier’s aggregate Pools’ MDQ exceeds 6,000 Dth/day and Supplier adds 3,000 Dth/day of additional MDQ over Supplier’s MDQ as of April 1, 2007, Supplier shall be assigned a proportionate amount of Company’s interstate pipeline firm transportation capacity by Company on a seasonal basis. This MDQ criterion will be reviewed by the Company semi-annually based on the MDQ as of September 30th with any release/recall becoming effective the following November 1st through March 31st, and on the MDQ as of February 28th, with any release/recall becoming effective the following April 1st through October 31st. 1. Supplier will be notified of any change to its released capacity by October 15th for winter capacity and by March 15th for summer capacity. 2. The assignment shall be structured as a release of capacity. The posted rate will be the rate for which the Company has contracted with the interstate pipeline. Any capacity with a discounted rate will be posted open to bids, with Supplier being the prearranged bidder. All other capacity will be posted at the pipeline’s maximum rate with Supplier being the prearranged shipper. 3. Company shall assign interstate pipeline firm transportation capacity consistent with its delivery north/south allocation percentages and on a pro-rata basis to Company’s total capacity for the designated pipelines or the parties may choose a mutually agreed-upon assigned capacity portfolio. During the summer months of April through October, the Company’s Firm Transportation capacity shall be reduced by the Company’s maximum daily injection rights on Columbia Gas Transmission’s Firm Storage Service for purposes of determining the pro-rata share for suppliers who are receiving Rider Firm Balancing Service (FBS) rather than Rider Enhanced Firm Balancing Service (EFBS). 4. Capacity will be assigned to Supplier on a recall-and-reput basis. Company shall release this capacity utilizing the appropriate pipeline company’s electronic bulletin board and Supplier shall execute the service agreements so generated by the pipelines five (5) days prior to the end of the month to enable Supplier to nominate gas suppliers under the service agreements for the following month. If Supplier fails to execute the service agreements the charges for the released capacity will be added to the Supplier’s Pool Invoice for the month. 5. Prior to the capacity release process, Supplier shall comply with the appropriate pipeline’s credit review and establish itself on the pipeline’s Approved Bidders List (as defined in the interstate pipeline company’s tariff). 6. Company, as releasing shipper under a recallable release, remains liable to the pipeline for reservation charges, and any applicable surcharges. Supplier will provide sufficient financial guaranty to the Company of its ability to pay such pipeline charges. 7. Company reserves the right to change the type of information required as well as the nomination deadline to comply with the requirements of the interstate pipeline companies. 8. There will be no restrictions on Supplier’s use of the released capacity at such times that it is not required to deliver gas to Company’s system. 9. Supplier may re-release all or a portion of the capacity to a Replacement Shipper who meets all the requirements to which the Supplier is subject including but not limited to, Company’s right of recall. A re-release shall not relieve Supplier of its obligation under the provisions of the capacity release.

Appears in 1 contract

Sources: Gas Supply Aggregation/Customer Pooling Agreement

Interstate Pipeline Capacity. As The Company will release to the SSO Supplier on a prerequisite seasonal basis (April 1st and November 1st), with recall rights, a proportional quantity for its participation each awarded tranche of the remaining Company firm transportation capacity after the Upstream Capacity Requirements (as described in this Programthe Rate FRAS, Full Requirements Aggregation Service, section of the DEO Gas Tariff) have been allocated. The SSO Supplier agreeswill not be permitted to change any primary points of receipt or delivery associated with released pipeline transportation capacity. If changed, the SSO Supplier will incur a penalty of up to $1,000,000 per DTH per day. The SSO Suppliers shall be required to secure additional city gate natural gas supply arrangements such that when combined with their assigned capacity is sufficient to meet a minimum of 100% of their Maximum Design Quantity (MDQ) for peak design day for each tranche for the winter season (November 1st – March 31st). The SSO Supplier shall demonstrate actual proof of the required city gate natural gas supply arrangements to match the MDQ for each awarded tranche which shall be submitted no later than the 25th of the month prior to the start of the winter season (November 1st – March 31st). In the event the Adjusted Targeted Supply Quantity (ATSQ) is greater than the MDQ on any given gas day, the SSO Supplier shall be responsible for delivering the ATSQ for that gas day. The SSO Suppliers will be released capacity at the applicable pipeline’s maximum tariff rate unless a discounted rate on the released capacity exists. The discounted rates will only apply if the capacity is utilized as agent per the pipeline discounted defined path. If the SSO Supplier uses the capacity outside the discounted path, all Filed pursuant to Order dated December 4, 2024 in Case No. 21-903-GA-EXM before the Public Utilities Commission of Ohio. associated fees charged to the Company will be charged to the transgressing SSO Supplier. The SSO Supplier may re-release on a recallable basis any released transportation capacity provided that the SSO Supplier will continue to be responsible to the pipeline for its pool customers, all charges associated with the released capacity and will hold the Company harmless in the event charges are not paid. Any re-release of such capacity remains subject to acquire firm interstate pipeline capacity into the requirements and restrictions identified in the Company’s system Tariff and discount requirements. In addition, the re-release does not remove the SSO Supplier’s obligation in amounts equal to delivering the aggregate MDQ of Supplier's customer pools less the firm interstate pipeline capacity assigned to the Supplier by the Company, including the MDDQ associated with the EFBS program, as more fully described belowrequired daily volumes. The Company shall have the right to periodically review the level and assignment of Supplier’s capacity contracts in order to assure adequate MDQ coverage. Due to the physical configuration of the Company’s system, and certain upstream interstate pipeline facilities, and to enable the Company to comply with lawful interstate pipeline tariffs and/or to maintain the Company's system integrity, the Company reserves the right to direct each Supplier to proportionally deliver, with respect to the Company's northern and southern interstate pipeline receipt points, the Supplier's daily pool requirements, which shall include any use by Supplier of its EFBS bank so that Supplier’s total deliveries, including flowing supply and EFBS bank withdraw, need not exceed Supplier’s MDQ. Specific delivery requirements will be electronically posted by the Company. If Supplier’s aggregate Pools’ MDQ exceeds 6,000 Dth/day and Supplier adds 3,000 Dth/day of additional MDQ over Supplier’s MDQ as of April 1, 2007, Supplier shall be assigned a proportionate amount of Company’s interstate pipeline firm transportation capacity by Company on a seasonal basis. This MDQ criterion will be reviewed by the Company semi-annually based on the MDQ as of September 30th with any release/recall becoming effective the following November 1st through March 31st, and on the MDQ as of February 28th, with any release/recall becoming effective the following April 1st through October 31st. 1. SSO Supplier will be notified of any change the released pipeline contracts, volumes, and offer numbers no later than the 3rd business day prior to its released capacity by October 15th for winter capacity and by March 15th for summer capacity. 2the start of the release period (April 1st or November 1st). The assignment shall be structured as a SSO Supplier must accept release of capacitycapacity within 48 hours of the release notice. If the capacity is not accepted, the SSO Supplier will be billed by the Company the pipeline reservation charges for the capacity until such release is accepted on the pipeline. The posted rate Company will acquire city gate delivered peaking service for the months of December, January and February to cover 100% of the design peak day for SSO customers in combination with firm transportation and storage withdrawal rights. The reservation fee that the Company pays the contractor who provides the peaking supply service (“Peaking Supplier”) will be divided equally among the rate for which the Company has contracted with the interstate pipeline. Any capacity with a discounted rate tranches and will be posted open deducted from amounts paid to bids, with the SSO Supplier being during the prearranged bidder. All other capacity will be posted at the pipeline’s maximum rate with Supplier being the prearranged shipper. 3. Company shall assign interstate pipeline firm transportation capacity consistent with its delivery north/south allocation percentages and on a pro-rata basis to Company’s total capacity for the designated pipelines or the parties may choose a mutually agreed-upon assigned capacity portfolio. During the summer months of April through OctoberDecember, the Company’s Firm Transportation capacity shall be reduced by the Company’s maximum daily injection rights on Columbia Gas Transmission’s Firm Storage Service for purposes of determining the pro-rata share for suppliers who are receiving Rider Firm Balancing Service (FBS) rather than Rider Enhanced Firm Balancing Service (EFBS). 4January and February. Capacity The SSO Suppliers will be assigned to Supplier on a recall-and-reput basis. Company shall release this capacity utilizing the appropriate pipeline company’s electronic bulletin board and Supplier shall execute the service agreements so generated by the pipelines five (5) days prior to the end an equal portion of the month to enable Supplier to nominate gas suppliers under the service agreements for the following month. If Supplier fails to execute the service agreements the charges for the released capacity will be added to the Supplier’s Pool Invoice for the month. 5. Prior to the capacity release process, Supplier shall comply with the appropriate pipeline’s credit review and establish itself peaking quantities based on the pipeline’s Approved Bidders List (as defined in the interstate pipeline company’s tariff). 6number of tranches for which they are responsible. Company, as releasing shipper under a recallable release, remains liable to the pipeline for reservation charges, and any applicable surcharges. The SSO Supplier will provide sufficient financial guaranty to the Company of its ability to pay such pipeline charges. 7. Company reserves have the right to change the type of information required as well as the nomination deadline to comply with the requirements of the interstate pipeline companies. 8. There will be no restrictions call on Supplier’s use of the released capacity at such times that it is not required to deliver gas to Company’s system. 9. Supplier may re-release all or a their portion of the capacity peaking supply up to their maximum daily quantity on a Replacement Shipper who meets all daily basis and up to the requirements three-month maximum quantity. The SSO Supplier must make their daily notification known by a date and time to which be established by the Supplier is subject including but not limited to, Company’s right of recall. A re-release shall not relieve Supplier of its obligation under Company based on the provisions terms of the capacity releasepeaking contract. When the SSO Supplier calls on any volume of the peaking supply, the commodity costs the Company is charged by the Peaking Supplier will be netted with the amount that the Company owes to the SSO Supplier.

Appears in 1 contract

Sources: Gas Tariff Schedule