04-A TXU Gas Statmt of Intent - Laserfiche WebLink

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TARIFF FOR GAS SERVICE TXU GAS COMPANY RATE SCHEDULE: 31 I General Tran..__~sportation Contract Terms and Conditions ! APPLICABLE TO: Entire System I REVISION: 0 I~ DATE: EFFECTIVE DATE: I i PAGE: 2 of 13 (s) "Receipt Point(s)" means the point(s) of interconnection between Compar~y's facilities and Customer's or Customer's Designe.e's p~peline facilities, as more specifically ident~hec aha set forth ~n the TransportaIion Agreement executed by Customer and Company. (t) "Retention Volumes" means the quantity of Gas re~ained by Company, as compensation for fuel used, and for lost and unaccounted for quantities of Gas, equal to (he percentage specified in the Rate Schedules applicable to the type of service provided by Company, as the same may be changed from time to t~me. (u) "Transportation Agreement" means the written agreement executed by Customer and Company, which establishes the rights and obligations of Customer and Company related to natural gas transportation service provided by Company. (v) "Year" means a period of 12 consecutive Months beginning at 9:00 a.m. on the first Day of a calendar Month and ending at 9:00 a.m. on the same date of each succeeding year during tr~e Ierm of any Transportation Agreement. 2. Quantity The quantities of Gas to be transported under any Transportation Agreement will not exceed during any Day the Maximum Daily Quantity, or during any hour the Maximum Hourly Quantity, as set forth in the applicable Transportation Agreement. The calculation of all quantities of Gas received and delivered under any Transportation Agreement will be on an MMBtu basis for alt purposes, including, but not limited to, calculating imbalance charges and Retention Volumes. 3. Laws and Regulations (a) Transportation Agreements Subject to Applicable Laws. All Transportation Agreements are subject to applicable state and federal laws, and orders, directives, rules, and regulations of any governmental body, official, or agency having jurisdiction over the transportation of Gas under the Transportation Agreement; therefore, Company's obligations and liabilities under all Transportation Agreement will be limited accordingly. (b) Intrastate Transportation. Customer's and/or Customer's Designees' fac. ilities utilized for the delivery and acceptance of Gas under any Transportation Agreement shall not be subject to the Natural Gas Act of 1938, as amended (the "NGA"). Customer and Customer's Designees will take no action nor commit any act of omission that will subject any transaction under a Transportation Agreement or Company's facilities to jurisdiction of the Federal Energy Regulatory Commission ("FERC") or any successor governmental agency under the terms of the NGA. The Gas delivered and accepted under any Transportation Agreement shall not have been nor sha# be sold, transported, or otherwise utilized in a manner that will subject Company to the terms of the NGA. In addition to and without excluding any remedy Company may have at law or in equity, Customer will be liable to Company for all damages, injuries, and reasonable expenses Company may sustain by reason of any breach of the provisions of this paragraph. 4. Nominations (a) Customer will provide Company with Customer's nomination [or the first Day of each Month no later than 2:00 p.m. on the second business Day prior to the first Day of such Month. Each such nomination will contain Customer's nominated quantities for the Delivery Point(s) and the Receipt Point(s), designation of the appropriate contract(s) covering such Gas, and the identity by name and telephone number of individual(s) who have authority to confirm the nominated Gas quantities at each Receipt Point and Delivery Point. Customer may change nominated quantities on any business Day. prowded such nomination change must be received by Company prior to 11:30 a.m. of any business (Day to be effective the next Day. Additional intra-day nominations may be made upon mutual agreement of Customer and Company. If Customer fails to furnish nominations as required above for any Day during the term of any Transportation Agreement, then Company may suspend transportation service under the -79-