04-A TXU Gas Statmt of Intent - Laserfiche WebLink

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APPLICABLE TO: Entire System REVISION: 0 DATE: LEFFECTIVE DATE: PAGE: 5 of 13 uneconomical for any reason whatsoever, then Company will have the right (i) to ~mmediately discontinue the recegt of Gas from any such Receipt Point(s) and/or (ii) upon 30 Days' prior written notice to Customer, to delete any such Receipt Point(s) from all Transportation Agreements. Notwithstanding the foregoing, if, in Company's reasonable opinion, it becomes necessary for operational reasons. Company will have the right, at any time and from time to time, to require Customer to deliver the Gas to be transported under any Transportation Agreement at Receipt Point(s) located in a particular geographic region(s). (b) Delivery Point(s). Gas transported by Company under any Transportation Agreement wilt be delivered to Customer at the Delivery Point(s) identified in the applicable Transportation Agreement. (c) Allocations. It is recognized that Gas deliveries from one or more parties other than Customer may also be received at any particular Receipt Point. If that occurs, Gas received at such Receipt Point may be allocated among the parties delivering and receiving the Gas. As between Company and Customer, Company will, in its sole discretion, determine the allocation of ail receipts at such Receipt Point, and the resulting quantities received under any Transportation Agreement. Each party will furnish the other party all data required to accurately account for all Gas delivered to, and received by, Company at the Receipt Point(s) under any Transportation Agreement. 8. Pressures at Points of Receipt and E)eiivew (a) Pressures at Receipt Point(s). Customer (or Customer's Designee) will deliver Gas to Company at the Receipt Point(s) at pressures sufficient to enter Company's pipeline system at such point(s); provided, however, that Customer's delivery pressure into Company's system at the Receipt Point(s) may not exceed Company's maximum allowable operating pressure, as such may vary from bme to time, at any such point(s) or cause the pressure at such point(s) to exceed Company's maximum allowable operating pressure. (b) Pressures at Defivery Point(s). Company will deliver Gas to Customer or Customer's Designee at the Delivery Point(s) at Company's operating pressure, as such may vary from time to time. 9. Measurinq Equipment and Testing (a) Metering Party and Non-Metering Party. The Gas delivered to Company at the Receipt Point(s), and delivered to Customer at the Delivery Point(s), will be measured by measunng devices of standard type, which, unless otherwise mutually agreed by Customer and Company, will be owned, installed, operated, and maintained by Company (or its designee). Measurement devices and equipment will be tested and adjusted for accuracy in accordance with industry standards. For the purposes of these General Transportation Contract Terms and Conditions, the party metering the Gas, or whose designee meters the Gas, at a particular Receipt Point or Delivery Point is referred to as the "Metering Party" and the other party is referred to as the "Non-Metering Party." (b) Additional Facilities. If adequate metering facilities are already in existence at the Receipt and Delivery Point(s) under any Transportation Agreement, such existing metering facilities will be used for so long as, in Company's reasonable opinion, they remain adequate and the party having title to such facilities will retain title to such facilities. (c) Access to Equipment. The Non-Metering Party may have access to the Metering Party's metering equipment at all times, to the extent such access does not interfere with the Metering Party's operations, but the maintenance, calibration, and adjustment thereof will be done only by the employees or agents of the Metering Party. Records from such metenng equipment will remain the property of the Metering Party and must be kept on file by said party for a period of not less than two Years. However, upon request of the Non-Metering Party, the Metering Party will make available to the Non-Metering Party quantity records from its metering equipment, together with calculations therefrom, for inspection and verification, subject to return to the Metering Party within 30 Days after receipt thereof. -82-