04-A TXU Gas Statmt of Intent - Laserfiche WebLink

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TARIFF FOR GAS SERVICE TXU GAS COMPANY RATE SCHEDULE: 32 I City Gate Transportation Terms and Conditions APPLICABLE TO: Entire System REVISION: 0 DATE: EFFECTIVE DATE: I PAGE: 1 of 3 1. Capitalized Terms Capitalized terms contained in these City Gate Transportation Terms and Conditions are defined in Company's General Transportation Contract Terms and Conditions 2. Cubiect Matter Subject to the terms and conditions of the applicable Transportation Agreement, Company will receive Gas from Customer (or its designee) at the Receipt Point(s), will transport and store such Gas on a firm basis, and will deliver such Gas on a firm basis to Customer (or its designee) at the Delivery Point(s), provided such Gas is ultimately delivered to Customer's residential and commercial customers, as defined in Rate Schedule - Definitions, which are located on Customer's distribution system(s) inside the State of Texas, or used as lost and unaccounted for Gas on such distribution system(s). For the purposes of these City Gate Transpodation Terms and Conditions, the term "firm" means that service will only be interrupted as a result of a force majeure event, as a result of Customer's non-performance under the applicable Transportation Agreement, or as allowed by the provisions of the applicable Transportation Agreement. 3. Downstream Responsibilities Customer will be solely responsible for: (i) all service requirements downstream of the Delivery Point(s), including, but not limited to, leak investigation, customer notifications(s), customer ~nquirles, repairs to facilities downstream of the Delivery Point(s), odorization, and for any other service requirement deemed to be the responsibility of a Gas distribution utility; (ii) constructing, operating, maintaining, and regulating all gas pipe and facilities downstream of the Delivery Point(s), (iii) ensunng that the construction, operation, regulation, and maintenance of all Gas pipe and facilities downstream of the Delivery Point(s) are at all times in compliance with all local, federal, and state laws, codes, and regulations, and (iv) any and all environmental matters (including, but not limited to, obtaining and providing all permits and regulatory and/or court approvals) related to Gas p~pe or facilities downstream of the Delivery Point(s). Customer will be responsible for ar~y and all liability related to Customer's failure to fulfill the above responsibilities. 4. Transportation and Storaqe Capac_it~ (a) Capacity Rights. Customer will have the right to firm seasonal daily delivery capacity on Company's existing pipeline systems up to the Maximum Daily Quantities, and will have the right to firm seasonal hourly delivery capacity on Company's existing pipeline systems up to the Maximum Hourly Quantities, set forth in the applicable Transportation Agreement. The delivery capacities listed in the applicable Transportation Agreement for each seasonal period are intended to equal the maximum daily and hourly demand required by Customer from Company during each seasonal period. Customer may request a change in Customer's delivery capacities to be effective on the first Day of a calendar quarter during the term of the applicable Transportation Agreement. If Customer desires a change in Customer's delivery capacities effective on the first Day of such calendar quarter, Customer must notify Company, ~n writing, at least 30 Days prior to the first Day of such calendar quarter, and must provide new delivery capacity information to Company, as well as detail of the specific Delivery Point(s) at which such change is needed. Unless otherwise mutually agreed, the changed delivery capacities requested by Customer will become effective on the first Day of such calendar quarter and will never be less than the highest daily and hourly quantities delivered under the applicable Transportation Agreement for the same period in tl~e prewous 24 Months, if daily and hourly delivery information is readily available, or the highest average daily and hourly quantities delivered under the applicable Transportation Agreement for the same period in the previous 24 Months. Any increase in daily and hourly delivery capacities will only become effective to the extent Company has firm capacity available to provide all of the requested ~ncrease. If Customer connects the facilities behind any Delivery Point to an energy delivery system other than Company, then the provisions of the applicable Transportation Agreement, including, but not limited -91-