EXHIBIT 10.33
GAS SERVICE AGREEMENT
BETWEEN
CAMDEN COGEN, L.P.
(as Buyer)
AND
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
(as Seller)
[*] Indicates provisions redacted pursuant to request for confidential treatment
submitted to the Securities and Exchange Commission pursuant to Rule 406
under the Securities Act of 1933.
INDEX
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PAGE
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ARTICLE 1 DEFINITIONS 2
ARTICLE 2 COMMITMENTS 10
ARTICLE 3 SERVICES 11
ARTICLE 4 RATES AND CHARGES 23
ARTICLE 5 DELIVERY AND RECEIPT 25
ARTICLE 6 POSSESSION, TITLE, WARRANTY AND LIABILITY 27
ARTICLE 7 TERM 29
ARTICLE 8 ACCOUNTING AND PAYMENT 30
ARTICLE 9 MEASUREMENT AND DELIVERY CONDITIONS 34
ARTICLE 10 FACILITIES 36
ARTICLE 11 FORCE MAJEURE 38
ARTICLE 12 LIMITATION OF LIABILITY 41
ARTICLE 13 DEFAULTS; RIGHT TO CURE 42
ARTICLE 14 ACTIONS REQUIRED TO SATISFY CERTAIN CONDITIONS 43
ARTICLE 15 ASSIGNMENT OF INTERESTS 46
ARTICLE 16 ECONOMIC CHANGES 48
ARTICLE 17 NOTICES AND ADDRESSES 51
ARTICLE 18 MISCELLANEOUS 52
ARTICLE 19 ARBITRATION 54
EXHIBIT "A" [*]
EXHIBIT "B" SELLERS' BASE RATES
EXHIBIT "C" [*]
EXHIBIT "D" [*]
EXHIBIT "E" [*]
EXHIBIT "F" [*]
EXHIBIT "G" [*]
EXHIBIT "H" SELLERS' LETTERS OF REPRESENTATIONS
GAS SERVICE AGREEMENT
PREAMBLE
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THIS GAS SERVICE AGREEMENT, hereinafter referred to as the "Agreement",
is entered into and effective this 15th day of May, 1991, between CAMDEN COGEN,
L.P., hereinafter referred to as "Buyer", and PUBLIC SERVICE ELECTRIC AND GAS
COMPANY ("PSE&G"), hereinafter referred to as "Seller".
WHEREAS, Buyer proposes to finance, construct, own and operate a
cogeneration facility in Camden, New Jersey (the "Facility") and has entered
into a Power Purchase and Interconnection Agreement under which it
will sell the net energy and capacity of the Facility; and
WHEREAS, Seller proposes to transport and sell, and Buyer proposes to
receive and purchase, Natural Gas to be used as fuel for the generation of
electricity and steam at the Facility; and
WHEREAS, Seller desires to obtain a firm supply of Natural Gas for its
system during certain Peak Periods and Buyer proposes to provide Seller such
firm supply as provided herein.
NOW, THEREFORE, in consideration of the foregoing and the promises and
covenants hereinafter set forth, the sufficiency of which is hereby
acknowledged, Buyer and Seller agree as follows:
ARTICLE 1
DEFINITIONS
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Unless another meaning is expressly stated, the following words and
terms wherein used in this Agreement shall have the following meaning:
1.1 "Agreement" shall mean this contract, including all exhibits
---------
attached hereto and amendments hereof that may be made from time to time.
1.2 "Alternate Fuel" shall mean "Jet A" jet fuel or other
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fuel that Buyer is capable of utilizing in the Cogeneration Facility.
1.3 "Annual Period" shall mean any one of a succession of
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consecutive twelve-month periods, the first of which shall begin on the Date of
Commercial Operation of the Facility.
1.4 [*]
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[*]
1.5 "Base Rates" shall mean those rates contained in all
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of Seller's gas tariff rate schedules (designated as P.U.C.N.J. No. 10 Gas) as
updated from time to time, excluding Gas costs. Copies of Seller's rate
schedules are attached as Exhibit "B".
1.6 "BPU" shall mean the New Jersey Board of Public
---
Utilities or successor agency.
1.7 "Buyer" shall mean Camden Cogen, L.P., a Delaware
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limited partnership.
1.8 "Cogeneration Facility" or "Facility" shall mean the waste
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heat boilers, G.E. Frame 7 gas turbine, steam turbine, generator, fuel oil
storage and all appurtenant structures and equipment to be constructed,
installed, owned/leased, operated and maintained by Buyer at Paperboard, for the
purpose of generating steam and electricity and other forms of useful thermal
energy output, and having a nameplate rating of 140 MW.
1.9 "Commercial Operation" shall mean the production of
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electric power and energy by all the electric generation units at the
Cogeneration Facility and the supply of such electric power and energy to PSE&G
after the Date of Commercial Operation, as such term is defined in the Power
Purchase and Interconnection Agreement.
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1.10 [*]
1.11 "Construction Drawdown Date" shall mean the date construction
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loan proceeds are released under the Loan Agreement sufficient to undertake the
completion of the Facility, as specifically defined in the Loan Agreement.
1.12 "Contract Quantity" shall mean twenty-seven thousand, five
-----------------
hundred (27,500) Dekatherms per Day of Natural Gas, as such quantity is
projected in the Fuel Profile attached hereto as Exhibit D, except as adjusted
in paragraph 3.13 hereof.
1.13 "Date of Commercial Operation" shall mean the date
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the Parties hereto designate by mutual agreement not to be unreasonably withheld
as the date on which all electric generation units at the Cogeneration Facility
have been completed, satisfactorily tested and inspected and are available for
and capable of: (i) production of electrical capacity and energy; and (ii) the
delivery thereof to PSE&G, as
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such term is defined in the Power Purchase and Interconnection Agreement.
1.14 "Date Of Initial Operation" shall mean the date on which Seller
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synchronizes, for the first time, any electric generation unit at the
Cogeneration Facility with the PSE&G, as such term is defined in the Power
Purchase and Interconnection Agreement.
1.15 "Day" shall mean a period of consecutive hours beginning
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8:00 a.m. (Eastern time) and ending at 8:00 a.m. the following calendar day.
1.16 "Dekatherm" or "Dth" shall mean ten (10) therms of heating
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value.
1.17 "Delivery Point(s)" shall mean the point or points of
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interconnection between the outlet of Seller's meter and the Cogeneration
Facility.
1.18 "Extended Gas Service" shall mean the interruptible Gas service in
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addition to the Resale Service and any Testing Service rendered by Seller to
Buyer during a Peak Period.
1.19 "FERC" shall mean the Federal Energy Regulatory Commission or
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successor agency.
1.20 "Financier" shall mean any individual(s) or entity(ies) and any
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representative(s) or trustee(s) for any such individual(s) or entity(ies): (i)
lending money to Buyer for: (a) the construction or term financing of the
Cogeneration Facility; (b) the establishment and/or maintenance of working
capital requirements; and/or (c) the refinance or
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take-out of any such loan(s); and/or (ii) participating as an equity investor in
the Project; and/or (iii) any lessor under a lease finance arrangement.
1.21 "Gas" or "Natural Gas" shall mean gas of a quality acceptable for
--- -----------
delivery into the systems of Transporter(s) or Seller, as applicable, or other
gases acceptable for normal use in Buyer's Facility.
1.22 "Gas Tariff" shall mean any tariff of Seller or Transporter(s) setting
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forth the terms and conditions for sales or transportation services which is
filed with a Governmental Authority.
1.23 "Governmental Authority" shall mean any federal, state or local
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governmental entity exercising jurisdiction over rates, services, operations
and/or facilities subject to this Agreement.
1.24 "Initial Operation" shall mean the production of electric power after
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the Date of Initial Operation and prior to the Date of Commercial Operation by
any electric generation unit(s) at the Cogeneration Facility and the supply of
such electric power to PSE&G.
1.25 "Interruptible Days" shall mean interruptions during Peak Periods,
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[*].
1.26 "Loan Agreement" shall mean any agreement between Buyer and one or
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more Financiers pursuant to which Buyer
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arranges for and obtains debt financing to construct and/or operate the
Cogeneration Facility.
1.27 "MW" or "Megawatts" shall mean one thousand kilowatts of electricity.
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1.28 "Month" shall mean the calendar month commencing at 8:00 a.m. Eastern
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Time on the first day of the calendar month and concluding at 8:00 a.m. Eastern
Time on the first Day of the following calendar Month.
1.29 "Paperboard" shall mean Camden Paperboard Corporation.
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1.30 "Peak Period" shall mean any Day if the U.S. Weather Bureau has
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forecasted that the average temperature at Newark International Airport for such
Day will be [*] degrees Fahrenheit or less.
1.31 "Power Purchase And Interconnection Agreement" shall mean the contract
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dated April 15, 1988, as amended on June 12, 1990 and August 20, 1990, between
Buyer and PSE&G, covering the sale of electricity from the Facility, and any
amendments thereto that may be made from time to time.
1.32 "PSE&G" shall mean Public Service Electric and Gas Company.
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1.33 "Rate Schedule CIG" means PSE&G's gas Rate Schedule CIG (Cogeneration
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Interruptible Service) on file with the BPU, as such rate schedule may be
amended from time to time, which sets the price for PSE&G's gas sales to
cogeneration customers.
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1.34 "Receipt Point(s)" shall mean the points on the pipeline system(s) of
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Transporter(s) at which Buyer delivers Gas to Seller in connection with the
Resale Service. The initial Receipt Point(s), when determined by the mutual
agreement of the parties, shall be set forth in Exhibit "E" hereto and may be
changed by mutual agreement in the future. Neither Buyer's nor Seller's
agreement shall be unreasonably withheld or delayed.
1.35 "Requested Service Date" shall mean the Day that Buyer is obligated to
----------------------
begin accepting and Seller is obligated to begin rendering the Resale Service
hereunder, as set forth in paragraph 3.6 hereof.
1.36 "Resale Service" shall mean the service provided by Seller to Buyer
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whereunder Seller purchases Gas from Buyer at the Receipt Point(s) and resells
an equal quantity, less Shrinkage, to Buyer at the Delivery Point. The Resale
Service volume shall be twenty-seven thousand, five hundred (27,500) Dekatherms
per Day, at the Delivery Point, after allowance for Shrinkage, as provided
herein.
1.37 "Shrinkage" shall mean any Natural Gas retained by Transporter(s) for
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fuel or line loss, based upon the weighted average shrinkage for Seller's system
supply, in connection with the transportation of Natural Gas on behalf of
Seller.
1.38 "Seller" shall mean PSE&G.
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1.39 "Testing Service" shall mean the service provided by Seller to Buyer
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whereunder Seller sells Buyer Natural Gas on an
-8-
interruptible basis from its system supply at the Delivery Point during the
period prior to the Requested Service Date.
1.40 "Transporter(s)" shall mean the interstate pipeline companies
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originating in the production areas of Texas, Louisiana, the Gulf of Mexico and
the Gulf coast, that sell to and/or transport Natural Gas on behalf of Seller.
1.41 "Transportation Agreement(s)" shall mean any agreements under which
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Transporter(s) transport and/or sell and transport Natural Gas on behalf of
Seller from the Gulf coast area to New Jersey.
1.42 [*]
1.43 [*]
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[*]
1.44 "Winter Season" shall mean each period from November 1
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through March 31 during the term of this Agreement.
ARTICLE 2
COMMITMENTS
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2.1 Buyer's Commitments. Pursuant to the terms and conditions of this
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Agreement, in order to satisfy the fuel requirements of the Facility, Buyer
commits:
(a) to contract for a year-round supply of Natural Gas equal to the
Contract Quantity, plus Shrinkage, which supply will be firm for the
months of December through March, and to utilize the firm
transportation capacity arranged by Seller on Transporter(s)'
systems;
(b) to contract for such firm Gas supply by June 1 preceding each
December through March period and to promptly furnish copies of such
contracts to Seller;
(c) to purchase Natural Gas from Seller pursuant to the Resale
Service and Testing Service described in Article 3 hereof;
(d) to act with due diligence and use reasonable efforts to obtain
all necessary permits and regulatory approvals required to utilize
the services provided herein and to cooperate with Seller in seeking
such approvals and permits.
2.2 Seller's Commitments. Pursuant to the terms and conditions of this
--------------------
Agreement, in order to satisfy the fuel requirements of the Facility, Seller
commits:
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(a) to render the Testing Service, Resale Service and Extended
Gas Service described in Article 3;
(b) to increase Seller's firm transportation capacity on
Transporter(s)' systems for a period of at least fifteen (15)
years, in order to have available sufficient transportation
capacity on Transporter(s)' systems to render the services to
be provided hereunder by the Requested Service Date, to
utilize reasonable efforts to maintain sufficient capacity for
the remaining term of this Agreement to render the services
hereunder and to notify Buyer within fifteen (15) Days of the
termination of any long-term firm Transportation Agreements
with Transporter(s) covering volumes of at least twenty-five
thousand (25,000) Dekatherms per Day;
(c) following the Construction Drawdown Date, to construct
certain pipeline and related facilities necessary to furnish
the services to be provided hereunder, as provided in Article
10; and
(d) to petition for BPU approval of the services to be
rendered by Seller hereunder and to act with due diligence,
use reasonable efforts and cooperate with Buyer and
Transporter(s) in seeking approvals from other Governmental
Authority.
ARTICLE 3
SERVICES
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3.1 Testing Service. Prior to the Requested Service Date, if requested
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by Buyer, Seller shall make reasonable efforts to sell up to the Contract
Quantity Testing Service Gas to Buyer from its system supplies on Days other
than during a Peak Period. Seller, in its sole discretion, may provide Extended
Gas Service for the testing of the Facility during a
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Peak Period, if requested by Buyer. If adequate service is not provided by
Seller for the testing of the Facility, Buyer may purchase Gas from
third-parties for such testing and Seller shall make reasonable efforts to have
such Gas transported through Transporter(s) and to deliver the same to the
Facility providing doing so does not materially adversely affect Seller or
Seller's other customers or Buyer shall have the right to use Alternate Fuel
purchased under paragraph 3.4 for the testing of the Facility.
3.2 Resale Service. Subject to the provisions hereof, on and after the
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Requested Service Date, Seller shall purchase the Natural Gas acquired by Buyer
from third-parties in a volume equal to the Contract Quantity, plus Shrinkage,
at the Receipt Point(s), which supply will be firm for the months of December
through March, and shall resell the same quantity, less Shrinkage, of Natural
Gas to Buyer at the Delivery Point. Seller shall provide Resale Service on a
continuous, year-round basis, [*]. Seller shall not be obligated during any Day
to purchase Gas from Buyer at the Receipt Point(s) in quantities in excess of
those purchased by Buyer at the Delivery Point up to the Contract Quantity
adjusted for Shrinkage, or to deliver to Buyer at the Delivery Point quantities
in excess of those sold to Seller at the Receipt Point(s), up to the Contract
Quantity adjusted for Shrinkage.
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3.3 Extended Gas Service. Seller, in its sole discretion, may provide
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Extended Gas Service to Buyer during a Peak Period, in addition to any Resale
Service provided hereunder, or for testing of the Cogeneration Facility, if such
service is requested by Buyer.
3.4 Alternate Fuel Use. In accordance with the other provisions of this
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Agreement, Buyer shall have the right to use Alternate Fuel supplies for testing
of the Cogeneration Facility, when that Seller is unable to provide Testing
Service, and during Peak Periods, when the Resale Service is interrupted by
Seller hereunder; provided, however, Buyer shall have the right to use Alternate
Fuel at its discretion for the testing of the Alternate Fuel supply system.
Unless otherwise agreed, Buyer shall also have the right to use any inventory of
Alternate Fuel supplies, up to twenty-two thousand (22,000) barrels in lieu of
Resale Service Gas, which are on hand as of April 1 of each Annual Period,
provided that Buyer's rights to use such inventory shall be limited to twenty-
five (25) Days per Annual Period.
3.5 Service Conditions. Seller's commitment to provide uninterrupted Resale
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Service hereunder, [*], or as otherwise provided in this Agreement, is
contingent upon Buyer's providing an uninterrupted Gas supply equal to the
Contract Quantity. In addition to any other remedy Seller may have under this
Agreement, failure by Buyer to provide all or part of the Resale Service supply
(subject to the tolerance set
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forth in paragraph 5.3) for any reason, including force majeure, shall
proportionately reduce Seller's commitment to provide the otherwise
uninterruptible Resale Service by the amount of any such failure.
3.6 Commencement of Service. Buyer anticipates that the date for the
-----------------------
commencement of Testing Service shall be February 1, 1993, and that the
Requested Service Date for Resale Service shall be November 1, 1993. On or
before January 1, 1992, Buyer shall have the right to change the date of the
commencement of Testing Service and/or the Requested Service Date by giving
Seller written notice thereof, which change shall not vary from the dates set
forth in this section 3.6 by more than sixty (60) Days. If Buyer fails to give
Seller written notice of any change of such dates by January 1, 1992, the above-
referenced dates will remain in effect. The date of commencement of Testing
Service and/or the Requested Service Date may be changed by mutual agreement of
the parties.
3.7 Failure To Commence Service. If Buyer is prepared to accept, but Seller
---------------------------
is unable to provide, the Resale Service hereunder on the Requested Service
Date, Seller shall have no liability to Buyer providing Seller has used due
diligence to have such service available, and Seller shall continue to make all
reasonable efforts to place itself in a position to provide the service
contemplated hereunder. Under such circumstances, during the months of April
through October, Seller shall nevertheless provide and cause Transporter(s) to
provide firm transportation for the Resale Service. Under such
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circumstances, during the months of November through March, Seller shall make
reasonable efforts to provide and cause Transporter(s) to provide firm
transportation for as much of the Resale Service volumes as possible and shall
arrange for the interruptible transportation of any balance of the Resale
Service volumes on Transporter(s)' systems until sufficient firm transportation
capacity is acquired to transport the Resale Service quantity. If Seller has not
acquired sufficient firm transportation capacity on Transporter(s)' systems to
render the Resale Service hereunder following the later of the Requested Service
Date or the Date of Initial Operation or, after acquiring such firm capacity, if
Seller does not retain the same during the term of this Agreement, Buyer may
contract with third-parties to purchase fuel supplies and firm transportation
capacity for the Cogeneration Facility to supplement any service provided by
Seller hereunder. Buyer may continue such purchases until sixty (60) Days
following Buyer's receipt of Seller's written notice that it can provide the
required services hereunder.
3.8 Failure To Accept Services. If Seller is prepared to provide the Resale
--------------------------
Service hereunder on and after the Requested Service Date and Buyer, for reasons
other than those caused by Seller, is unable to utilize the Resale Service Gas
for the Cogeneration Facility, Buyer shall reimburse Seller monthly for its [*]
allocable to the Contract Quantity during the [*] following the Requested
Service Date, until the
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first Day of the Month following Buyers written notification to Seller that
Buyer is prepared to receive such gas; provided, however, Buyer shall have no
obligation to reimburse Seller for any [*] incurred by Seller during the Months
of November through March, to the extent any such Month falls during said [*]
period. If Seller remains prepared to provide the Resale Service hereunder, but
Buyer is unable to receive the Resale Service Gas at the Cogeneration Facility
for reasons other than those caused by Seller, after the [*] following the
Requested Service Date, Buyer shall reimburse Seller monthly for its [*]
allocable to the Contract Quantity until Buyer is prepared to receive the Resale
Service Gas during the period commencing the [*], and [*], following the
Requested Service Date. If Buyer remains unable to accept Resale Service
hereunder following [*] after the Requested Service Date, Seller shall have the
right to terminate this Agreement upon thirty (30) Days prior written notice
unless Buyer continues to pay Seller on a monthly basis Seller's [*] allocable
to the Contract Quantity.
3.9 Letters of Credit for WATDC Obligation. Within five (5) Days of the
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Construction Drawdown Date, Buyer shall provide Seller an irrevocable letter of
credit in the amount of [*], as security for Buyer's potential obligation to
reimburse Seller's [*] under
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paragraph 3.8, providing Seller has furnished to Buyer on or before such date a
written representation that Seller has entered into contracts to acquire
additional firm transportation capacity on Transporter(s)' systems which, when
in service together with other transportation capacity available to Seller, will
be sufficient to render the Resale Service to be provided hereunder. A copy of
Seller's written representation is attached hereto and made a part hereof as
Letter No. 1 in Exhibit "H". If Seller has not furnished Buyer such written
representation by the Construction Drawdown Date, Buyer's obligation to provide
the letter of credit shall be suspended until five (5) Days following Buyer's
receipt of Seller's written representation.
Within five (5) Days of Buyer's receipt of Seller's written representation
that the FERC has approved Transporter(s)' application(s) to furnish Seller
additional firm transportation capacity on their systems which, when in service
together with other transportation capacity available to Seller, will be
sufficient to permit Seller to render firm delivery service for the Contract
Quantity hereunder in accordance with the terms of this Agreement, Buyer shall
provide Seller an additional irrevocable letter of credit in the amount of [*],
as further security for Buyer's potential [*] reimbursement obligation. A copy
of Seller's written
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representation is attached hereto and made a part hereof as Letter No. 2 in
Exhibit "H".
Within five (5) Days of Buyer's receipt of Seller's written representation
that it is prepared to render Buyer firm transportation service of the Contract
Quantity on a year-round basis in accordance with the terms of this Agreement,
Buyer shall provide Seller an additional irrevocable letter of credit in the
amount of [*], as final security for Buyer's potential [*] reimbursement
obligation. Upon the receipt of such letter of credit, Seller shall have the
obligation to provide firm transportation of the Contract Quantity on the later
of the Requested Service Date or the date such letter of credit is furnished, as
provided in this Agreement. A copy of Seller's written representation is
attached hereto and made a part hereof as Letter No. 3 in Exhibit "H".
The conditions imposed for Buyer's posting of the [*] letter of credit must
be satisfied before Buyer is required to furnish the other letters of credit
hereunder. Likewise, the conditions imposed for Buyer's posting of the [*]
letter of credit must be satisfied before Buyer is required to furnish the last
letter of credit hereunder.
If Buyer fails to reimburse Seller monthly for the [*] in accordance with
paragraph 3.8, Seller may draw upon
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the letter(s) of credit for the amounts due but not paid. Buyer shall have no
obligation to maintain any balance under the letter(s) of credit thirty (30)
Days after the Date of Commercial Operation of the Facility. Prior to the Date
of Commercial Operation of the Facility, Buyer shall have no obligation to
reimburse Sellers for any [*] other than the amounts specified in paragraph
3.8 hereof.
3.10 Delayed Commencement of Service. If Buyer is unable to accept, but
-------------------------------
Seller is prepared to provide, the services hereunder on or after the Requested
Service Date, Seller shall not be obligated to commence Resale Service hereunder
until sixty (60) Days following Seller's receipt of written notice from Buyer of
the new date on which Buyer requests Seller to commence Resale Service
hereunder. In such event, Seller shall use reasonable efforts to commence
service as soon as possible after the receipt of such notice.
3.11 Nominations. Whenever reasonably requested by Seller, Buyer shall
------------
provide Seller with its best forecast of the Gas requirements for Resale
Service. At least twenty-four (24) hours in advance of each Day, Buyer shall
give Seller notice of its best estimate of the quantities of Resale Service Gas
that Buyer will require for the next Day to enable Seller to comply with the
scheduling provisions of Transporter(s). Seller shall not be obligated, but
shall use reasonable efforts to provide, volumes in excess of those specified in
such notification by Buyer. Buyer shall receive and Seller shall
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deliver at the Delivery Point the nominated quantities as nearly as possible at
uniform hourly rates. Provided that a reduction in nominated quantities is
covered by a reduction of power purchased by Seller pursuant to Article II,
Section D of the Power Purchase And Interconnection Agreement, Buyer may reduce
the scheduled daily quantities hereunder during any Day, without regard to any
prior nomination, by notifying Seller, as far in advance as possible but in no
event less than two (2) hours in advance of any reduction in the nominated
quantities. Any such changes shall be kept to the minimum permitted by operating
conditions. Buyer's notices shall also include the expected duration of such
reduction.
3.12 Interruptions. Notwithstanding anything to the contrary herein other
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than the interruption limitation set forth in paragraph 3.2 hereof, upon eight
(8) hours notice to Buyer, during any Peak Period, Seller may fully interrupt
and may curtail the Resale Service. If Buyer uses quantities of Gas in excess of
the quantities authorized by Seller, if any, during periods of interruption or
curtailment in Peak Periods, Seller shall have the right to limit deliveries to
the authorized quantities and all such unauthorized overrun quantities shall be
subject to the penalty provided in PSE&G's Rate Schedule CIG or successor tariff
for Gas used during interruptions.
3.13 Quantity Adjustments. Within twelve (12) Months after the Date of
--------------------
Commercial Operation, Buyer shall have the
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right to adjust the Contract Quantity of Resale Service Gas to be purchased
hereunder to correspond with the anticipated fuel requirements of the
Cogeneration Facility needed to satisfy Buyer's obligations under the Power
Purchase and Interconnection Agreement, based upon performance, test or
demonstrated results from actual operations of the Cogeneration Facility during
such twelve (12) Month period. Such adjustments shall not exceed [*] Dekatherms
per Day. Every three (3) Annual Periods following the Date of Commercial
Operation, Buyer shall be entitled to adjust the Contract Quantities of Gas to
be purchased hereunder, to correspond with the anticipated fuel requirements of
the Cogeneration Facility, to reflect any anticipated changes in electric power
purchases by Seller under the Power Purchase and Interconnection Agreement. In
no event, however, shall any adjusted quantity be outside a range of plus or
minus [*] Dekatherms per day.
3.14 Exclusivity. Except for the Alternate Fuel purchased pursuant to this
------------
Agreement, Buyer agrees, unless mutually agreed to otherwise, that Natural Gas
transported and/or sold by Seller under this Agreement, including volumes
delivered pursuant to paragraph 3.1 hereof, shall be the sole source of fuel for
the Cogeneration Facility during the term of this Agreement; provided, however,
during periods of service interruption or curtailment by Seller hereunder or
during
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periods when all of the required firm transportation capacity for Resale Service
is not available, Buyer may purchase and/or have transported Natural Gas or
other fuels from suppliers other than Seller to the extent needed by Buyer to
supplement the quantities of Gas available from Seller hereunder. During such
periods of fuel substitution, Seller will cooperate with Buyer to utilize
Seller's local distribution system on an economically appropriate and non-
discriminatory basis.
3.15 Emergency Curtailments. Seller shall have the right to curtail
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deliveries hereunder in the event of an emergency on Transporter(s)' or Seller's
systems which affect service hereunder. Buyer shall be responsible for any
penalties assessed by Transporter(s) or other costs incurred by Seller due to
Buyer's refusal to reduce Natural Gas usage after notification of any such
emergency.
3.16 [*]
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[*]
ARTICLE 4
RATES AND CHARGES
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4.1 Testing Service. The price per Dekatherm payable by Buyer to Seller for
----------------
the delivery of any Gas for the testing of the Facility prior to the Requested
Service Date shall be equal to [*]. If Seller does not have sufficient
transportation capacity and/or Gas supplies to render service for the testing of
the Facility and Buyer purchases Gas from a third-party for that purpose, the
price per Dekatherm payable
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by Buyer to Seller for the delivery of such third-party Gas shall be equal to
the sum of:
[*]
[*]
4.2 Resale Service. The price per Dekatherm payable by Buyer for the Resale
--------------
Service in any Month shall be equal to the sum of:
[*]
[*]
[*]
4.3 Extended Gas Service. The price payable by Buyer per Dekatherm for the
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Extended Gas Service in excess of the Resale Service shall be equal to the sum
of:
[*]
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[*]
[*]
ARTICLE 5
DELIVERY AND RECEIPT
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5.1 Receipt Point(s). The Natural Gas to be received by Seller from Buyer
----------------
in connection with the Resale Service hereunder shall be delivered at the
Receipt Point(s).
5.2 Delivery Point. The Natural Gas to be sold by Seller to Buyer in
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connection with the Testing Service, Resale Service and Extended Gas Service
hereunder shall be delivered at the Delivery Point.
5.3 Balancing. The quantity of Natural Gas, less Shrinkage, delivered or
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caused to be delivered by Buyer to Seller at the Receipt Point(s) in connection
with the Resale Service hereunder on any Day shall be redelivered by Seller to
Buyer at the Delivery Point, balanced on a heat-content basis. Any monthly
imbalance between Buyer's deliveries at the Receipt Point(s) and Buyer's actual
usage of Natural Gas in connection
-25-
with the Resale Service shall be kept to a minimum and, in any event, shall not
exceed [*] of Buyer's actual usage of Resale Service Gas
hereunder.
In the event an imbalance between monthly receipts and deliveries exists
hereunder, Buyer and Seller shall immediately take whatever action is required
to eliminate such imbalance within thirty (30) Days after receipt of written
notification of the same. If Buyer's monthly usage of Resale Service Gas at the
Facility varies from Buyer's monthly deliveries of Gas at the Receipt Point(s)
by more than [*] during the period December through March, for any
such variation above [*] Buyer shall be subject to a penalty equal
to the [*] multiplied by such variation. If Buyer's monthly usage of Resale
Service Gas at the Facility varies from Buyer's monthly deliveries of Gas at the
Receipt Point(s) by more than [*] during the period April through
November, for any such variation above [*] Buyer shall be subject to a penalty
of [*] per Dekatherm, as adjusted by changes in Seller's Base Rates as set forth
below.
Buyer shall be responsible on a daily basis for assuring that its
suppliers deliver to Transporter(s) at the Receipt Point(s) the quantity of
Resale Service Gas scheduled by Buyer in its nomination to Seller. Imbalances on
a daily basis between the nominated Resale Service quantities and the quantities
actually used, in excess of [*] of the
-26-
nominated quantity, shall be subject to a penalty of [*] per Dekatherm. This [*]
penalty shall be adjusted after the first Annual Period or December 31, 1992,
whichever first occurs, with any percentage change in Seller's Base Rates,
relative to the Base Rates which were in effect during the first Annual Period
or 1992, as appropriate.
Buyer shall be obligated to pay the higher of the monthly or daily
penalties assessed by Seller, if any, but shall not be obligated to pay both
penalties. Furthermore, if any imbalance related to Buyer's operations under the
Resale Service hereunder results in any penalties being applied to Seller by
Transporter(s), Seller may elect to make Buyer responsible for such penalties in
lieu of the penalties for imbalances provided in this paragraph 5.3 related to
any such penalty by Transporter(s).
ARTICLE 6
POSSESSION, TITLE, WARRANTY AND LIABILITY
-----------------------------------------
6.1 Transfer at Receipt Point(s). Title to Gas sold by Buyer to Seller in
----------------------------
connection with the Resale Service hereunder will pass from Buyer to Seller at
the Receipt Point(s), unless Buyer and Seller mutually agree to transfer title
at another point. Until the Gas reaches the Receipt Point(s), Buyer will be
deemed to be in exclusive control and possession of, and fully responsible for,
such Gas. After the Gas has reached the Receipt Point(s), Seller will be deemed
to be in exclusive
-27-
control and possession, and fully responsible for, such Gas until it reaches the
Delivery Point.
6.2 Transfer at Delivery Point. Title to Gas sold by Seller to Buyer in
--------------------------
connection with the Resale Service will pass from Seller to Buyer at the
Delivery Point, unless Buyer and Seller mutually agree to transfer
title at another point. Until the Gas reaches the Delivery Point, Seller will be
deemed to be in exclusive control and possession of, and fully responsible for,
such Gas. After the Gas has reached the Delivery Point, Buyer will be deemed to
be in exclusive control and possession of, and fully responsible for, such Gas.
6.3 Title. Buyer, as to all Gas delivered by it to Seller, and Seller, as
-----
to all Gas delivered by it to Buyer, warrant for themselves, their successors
and assigns, that each will at the time of delivery to the other party, have
good and merchantable title to all such Gas and the good right to deliver such
Gas free and clear of all liens, encumbrances and claims whatsoever, with the
exception of the security interest, if any, in Buyer's Gas held by Financier or
any successors-in-interest. Each party will indemnify the other, defend and save
it harmless from all suits, actions, debts, accounts, damages, costs, losses and
expenses arising from or out of adverse claims to such Gas by any third party or
parties, including claims by any third party or parties for any royalties,
taxes, license fees or charges applicable to such Gas or to the delivery
thereof.
-28-
6.4 Insurance. Seller shall maintain liability coverage and/or insurance
---------
on its facilities utilized and activities performed in connection with this
Agreement, sufficient to cover the cost of injury sustained by Buyer and caused
by Seller. Buyer shall maintain liability insurance on its facilities utilized
and activities performed in connection with this Agreement, sufficient to cover
the cost of injury sustained by Seller and caused by Buyer.
ARTICLE 7
TERM
----
7.1 Base Term. The term of this Agreement shall be twenty (20) Annual
---------
Periods (herein referred to as "Base Term").
7.2 Extended Term. At the end of the Base Term, the Resale Service shall
-------------
be renewed for two (2) successive five (5) Annual Periods, subject to mutual
agreement of the parties. Such mutual renewal of the Base Term or the first
five-Annual Period renewal term shall be valid only if Seller or Buyer provides
written notice of its intent to renew to the other party at least three (3) full
Annual Periods prior to the expiration of the then-pending term.
7.3 Termination. This Gas Service Agreement shall be subject to
-----------
termination by either party upon thirty (30) Days prior written notice if for
any reason, including force
-29-
majeure, Commercial Operation of the Facility does not commence by June 1, 1994.
7.4 Termination of Obligations. At the expiration of the initial term or
--------------------------
a renewal term, if applicable, this Agreement and each party's obligation(s)
hereunder shall automatically terminate as of the effective date thereof;
provided, however, expiration of this Agreement shall not relieve either party
from any obligation arising under this Agreement to pay any monies due to the
other party which monetary obligation was incurred prior to the date of
expiration of this Agreement.
ARTICLE 8
ACCOUNTING AND PAYMENT
----------------------
8.1 Payment. By the fifteenth (15th) Day of each Month, Buyer will
-------
calculate all sums payable to it by Seller for deliveries at the Receipt
Point(s) under this Agreement during the preceding Month and will deliver its
invoice to Seller showing thereon full billing details. By the fifteenth (15th)
Day of the Month, Seller will calculate all sums payable to it by Buyer for
services at the Delivery Point during the same period and will deliver its
invoice to Buyer showing thereon full billing details. If Buyer's invoice amount
to Seller exceeds Seller's invoice amount to Buyer, the difference will be due
and payable to Buyer by Seller by the last Day of the Month. If Seller's invoice
to Buyer exceeds Buyer's invoice to Seller, the difference will be deducted from
the amount payable
-30-
by Seller to Buyer under the Power Purchase and Interconnection Agreement;
provided, however, to the extent any such difference payable to Seller exceeds
the amount payable to Buyer under the Power Purchase and Interconnection
Agreement, said excess shall be payable to Seller by Buyer by the last Day of
the Month. If Buyer or Seller fails to render either invoice by the due date for
such invoice, the relevant due date of the payment by the party receiving such
late notice shall be extended by a corresponding number of Days.
If an index, rate, publication or other source of information required
for the adjustment of any price, charge or credit under this Agreement is
unavailable on the effective date for such adjustment, Seller's or Buyer's
invoice will be calculated using the best available estimate of such adjustment.
When the information necessary for calculation of the actual adjustment becomes
available, such invoice will be recalculated and any net charge or credit
resulting from the recalculation will be reflected on the next month's invoice.
If the current pricing structure applicable to the sale and transportation of
Gas in interstate commerce upon which the pricing determinations for [*]
materially change, the parties agree to modify the method of calculating such
pricing determinations in a
-31-
manner which will place the parties in the same position as existed prior to the
change.
8.2 Mode of Payment. Each payment under this Agreement will be made by
---------------
interbank wire transfer to the bank address designated in writing by Seller or
Buyer or to such other address as Seller or Buyer may from time to time
designate by written notice.
8.3 Auditing. Each party will have the right at reasonable hours to
--------
examine the books, records, and charts of the other party to the extent
reasonably necessary to verify the accuracy of any invoice, payment,
measurement, calculation, or determination made pursuant to the provisions of
this Agreement; provided, that if any such examination requires access to
confidential information, the release of which would be harmful to Seller's or
Buyer's competitive position, Buyer or Seller, as the case may be, will select
an examiner who is not in a position to benefit from such confidential
information and such examiner will execute an agreement to maintain the
confidentiality of the information to be examined. If any such examination
reveals, or if either party discovers, any error or inaccuracy in its own or the
other party's invoice, calculation, measurement or determination, then proper
adjustment and correction thereof will be made as promptly as practicable
thereafter, except that no adjustment or correction will be made if more than
one year has elapsed since the error or inaccuracy occurred.
-32-
8.4 Failure to Pay. If either party fails to pay any amount payable to
--------------
the other hereunder when due, interest thereon will accrue and be payable from
the date on which payment was due until the date payment is made. The rate of
such interest will be the Prime Rate published weekdays in the Wall Street
Journal, plus two percent (2%), provided that the interest rate provided herein
may never exceed the highest rate of interest permitted by applicable law. If
any such failure to pay continues for ten (10) Days after receipt of written
protest by the party to whom such amount is due, such party may suspend its
performance under this Agreement and, in addition, if such failure to pay
continues for thirty (30) Days, such party may terminate this Agreement upon
written notice to the other party; provided, however, that if either party in
good faith disputes the amount of any such xxxx or any part thereof, and pays to
the other party such amount as it concedes to be correct, and at any time
thereafter within ten (10) Days of a demand by the billing party, furnishes good
and sufficient surety bond of Financier or other security acceptable to the
other party, guaranteeing payment to the billing party of the amount in dispute,
then the billing party will not be able to suspend performance under this
Agreement or seek to terminate this Agreement. The exercise of any such right
will be in addition to any and all remedies otherwise available to such party.
-33-
8.5 Overpayment. If either party pays any amount shown due and owing
-----------
upon the invoice of the other party, and such amount is subsequently determined
by agreement, arbitration or judgment of court not to have been due and owing
when paid, the payee will refund such amount to the paying party together with
interest from the date of payment to the date of refund at a rate equal to the
Prime Rate published weekdays in the Wall Street Journal in existence as of the
date of determination that such refund is due, provided that the interest rate
provided herein may never exceed the highest rate of interest permitted by
applicable law.
ARTICLE 9
MEASUREMENT AND DELIVERY CONDITIONS
-----------------------------------
9.1 Metering. The parties recognize that the Receipt Point(s) are
--------
operated under the control of Transporter(s) and that Gas delivered hereunder
shall be measured by the operation of the facilities at the Receipt Point(s) in
accordance with the Transportation Agreement(s). The measurement and tests to
determine the quality and other characteristics of the Natural Gas shall be
performed by the operator of the facilities at the Receipt Point(s) in
accordance with Transporter(s)' FERC Gas Tariff(s).
Seller and/or Transporter will have installed and maintain at its own
expense such measuring equipment, including
-34-
a meter of suitable accuracy of a type customarily used in the industry as is
required, to record the quantities and heating content of Gas sold and/or
delivered at the Delivery Point hereunder. Seller and/or Transporter will be
responsible for maintaining the accuracy of such measuring equipment and will
test such equipment at reasonable intervals, or as requested by Buyer, but no
more frequently than once in any sixty (60) Day period, or as permitted by
Transporter. Buyer may have its representatives present at the test of such
equipment. Seller will follow the standards of the BPU and/or Transporter's
tariff, as applicable, with regard to the testing and accuracy of measuring
equipment. Buyer may maintain at its own expense check measuring equipment;
provided, however, Seller's measuring equipment shall be used for all
determinations of quantities delivered hereunder.
9.2 Pressure. Natural Gas delivered to Seller at the Receipt Point(s)
--------
hereunder shall be at a pressure sufficient to enter Transporter(s) facilities
and shall meet Transporter(s) terms and conditions for pressure (including the
maximum allowable operating pressure at each Receipt Point). Natural Gas
delivered by Seller to Buyer at the Delivery Point shall be at Seller's system
operating pressure, which shall be no lower than the lesser of twenty (20) psig
less than Transcontinental Gas Pipeline Company's system operating pressure or
350 psig.
-35-
9.3 Heating Content. The Dekatherm content of the Gas delivered
---------------
hereunder shall be determined separately for each Receipt Point, each month by
Transporter(s) or the operator of such facility in accordance with standard
testing methods specified in Transporter(s)' FERC Gas Tariff. The results of any
tests by Transporter(s) to determine Dekatherm content shall be corrected to
reflect actual conditions of delivery. In the absence of a mutually agreeable
alternative, the parties agree to rely upon the results of tests conducted by
the Transporter(s).
9.4 Quality. Natural Gas delivered to Seller at the Receipt Point(s) on
-------
Transporter(s)' pipeline systems shall meet the minimum quality specifications
of Transporter(s) specified in the Transportation Agreement(s) and any
applicable provisions of Transporter(s)' FERC Gas Tariffs.
ARTICLE 10
FACILITIES
----------
10.1 Facilities Installation. Seller and/or Transporter shall be required
-----------------------
to construct certain facilities to provide the services contemplated hereunder
to the Cogeneration Facility. Such facilities shall include the construction of
new pipeline facilities from Transporter(s)' systems and upgrading of Seller's
existing pipeline facilities to the Delivery Point, in addition to necessary
metering and
-36-
regulating devices. The cost of those facilities is estimated to be [*]. It is
estimated that Seller's cost of initial engineering and permits of the subject
facilities shall be [*], of which [*] is on deposit with Seller. Buyer shall
advance to Seller the balance of [*] within thirty (30) Days of Buyer's receipt
of Seller's prior written notice that it is prepared to commence the initial
engineering and permits. This [*] is non-refundable by Seller to Buyer. Upon
thirty (30) Days prior written notice of Seller's intent to commit to spend any
significant sums for the additional permitting and construction of the subject
facilities, Buyer agrees to provide as security an irrevocable letter of credit
payable to Seller for the approximate amount of such estimates. Buyer shall not
be required to provide the additional letters of credit prior to the
Construction Drawdown Date. It is agreed and understood, however, that Seller
shall not be required to proceed with such activities unless and until the
additional letter of credit is provided by Buyer. This obligation and the
letters of credit will be reduced by [*] for every Dekatherm of Gas that Seller
delivers to the Facility. If by the earlier of November 1, 1996, the end of the
first three (3) Annual Periods or at such time that Buyer is no long
-37-
proceeding with due diligence toward the Commercial Operation of the
Cogeneration Facility, any balance remains under the letters of credit, Buyer
will pay Seller such balance within ten (10) Days from receipt of a written
demand for such payment or, absent payment by this date, Seller may draw upon
the letters of credit for the same, but only up to the amount of expenses
incurred or committed to by Seller for such facilities, less any reductions
provided for herein.
ARTICLE 11
FORCE MAJEURE
-------------
11.1 Definition and Illustrations. The term "force majeure" means an
----------------------------
event (i) that was not within the reasonable control of the party claiming its
occurrence; (ii) that could not have been prevented or avoided by such party
through the exercise of due diligence and reasonable care; and (iii) that
materially impairs the ability of such party to perform its obligations under
this Agreement. Events that may give rise to a claim of force majeure include,
but are not limited to:
(a) Acts of God, earthquakes, epidemics, fires, floods, hurricanes,
landslides, lightning, storms, washouts, freezing of xxxxx or lines
of pipe;
(b) Acts of the public enemy, wars, blockage, insurrections, riots,
civil disturbances and arrests;
(c) Strikes, lockouts or other industrial disturbances;
-38-
(d) Explosions, breakage, accidents to machinery or lines of pipe;
(e) Inability to obtain or unavoidable delay in obtaining necessary
materials, equipment, easements, franchises or permits;
(f) Failure, for reasons of force majeure, of any entity to deliver gas
under firm contracts, or to transport Gas delivered or to be delivered
under this Agreement;
(g) The order of any court having jurisdiction while the same is in force
and effect;
(h) The imposition by a Governmental Authority of laws, conditions,
limitations, rules or regulations that materially impair the ability of
Buyer or Seller to perform its obligations under this Agreement, including,
but not limited to, actions or inactions restricting the ability of Buyer
or Seller to acquire Gas or obtain transportation of Gas;
(i) The imposition by an operator of facilities (other than the facilities
of Buyer or Seller), at any point at which Gas to be purchased and sold
under this Agreement is received by or delivered to Buyer or Seller, of
quality and pressure conditions that materially impair the ability of
either Buyer or Seller to perform its obligations under this Agreement;
(j) The occurrence of any event of "force majeure" under Article XVIII of
the Power Purchase and Interconnection Agreement; and
(k) Seller's or Buyer's inability to extend or reestablish firm
transportation or supply agreements during the term of this Agreement
sufficient to provide the services hereunder.
-39-
11.2 Notice and Suspension. If an occurrence of force majeure renders
---------------------
either party wholly or partially unable to carry out its obligations under this
Agreement, such party will promptly give the other party notice and full
particulars of the occurrence in writing or by telecopier or telegraph. The
obligations of both parties under this Agreement will be suspended to the extent
that they are affected by the occurrence. Such suspension will be effective only
during the continuance of the inability to perform caused by the force majeure
occurrence, and will not apply to the obligation to pay when due any charges
accrued prior to the event of force majeure under this Agreement, to Buyer's
obligation to reimburse Seller for any [*] applicable to the Resale Service for
force majeure occurrences of [*] or less duration, or to Buyer's obligations
under paragraphs 3.9, 3.10 and 10.1 hereof.
11.3 Remedial Actions. A party claiming force majeure as grounds for
----------------
suspension of its performance under this Agreement shall proceed with due
diligence and with all reasonable dispatch to remedy the cause of its inability
to perform and to put itself in position to resume its obligations.
11.4 Settlements of Disputes. The requirement of this Article that an
-----------------------
inability to perform caused by an event of force majeure be remedied with all
reasonable dispatch does not obligate a party to settle a strike, lockout or
other
-40-
industrial dispute or disturbance by acceding to the demands of an opposing
party. Any such settlement will be entirely within the discretion of the party
having the difficulty.
11.5 Termination Rights. If an occurrence of force majeure renders Buyer
------------------
unable to carry out its obligations hereunder and such inability continues for a
period of [*] following such occurrence, Seller shall have the right to
terminate this Agreement upon thirty (30) days prior written notice to Buyer and
Financier; provided, however, Seller shall not have the right to terminate this
Agreement until three (3) years following such occurrence, assuming Buyer's
inability to perform continues during that period, if Buyer pays Seller on a
monthly basis after such [*] period Seller's [*] allocable to the Contract
Quantity. If an occurrence of force majeure renders Seller unable to carry out
its obligations hereunder and such inability continues for a period of [*]
following such occurrence, Buyer shall have the right to terminate that portion
of the service that has been suspended by reason of the force majeure, upon
thirty (30) days prior written notice to Seller.
11.6 Inapplicability to Letters of Credit. The provisions of this Article
------------------------------------
11 shall not apply to or in any way diminish Buyer's obligation to furnish, or
Seller's rights to draw upon, the letters of credit provided by Buyer under this
Agreement.
-41-
ARTICLE 12
LIMITATION OF LIABILITY
-----------------------
12.1 Liability. Neither party nor its officers, directors, partners,
---------
agents, servants, employees, affiliates, parent, subsidiaries or respective
successors or assigns shall be liable to the other party for claims for
punitive, incidental, special, indirect or consequential damages ("Damages")
whether such claim is based on a cause of action based in warranty, negligence,
strict liability, contract, operation of law or otherwise, except where such
Damages arise out of, relate to or result from the gross negligence of, or the
willful disregard by, a party of an obligation under this Agreement.
12.2 Hold Harmless. Each party shall hold harmless the other party, its
-------------
parent company, subsidiaries, affiliates, successors and assigns, as well as all
other corporations substantially all of whose stock is owned directly or
indirectly by the parties and each and every of its past, present or future
officers from and against any and all third-party loss, cost, or expense
(including reasonable attorney's fees) arising from any act or failure to act by
such party related to this Agreement.
ARTICLE 13
DEFAULTS; RIGHT TO CURE
-----------------------
13.1 Defaults. Except as otherwise provided for herein, if either Buyer or
--------
Seller shall fail to perform any obligations
-42-
imposed upon it under this Agreement (except where such failure shall be excused
under other provisions hereof), then in such event the party not in default may,
at its option (without waiving any other remedy for breach thereof), notify in
writing the party in default (and the Financier, if the defaulting party is
Buyer), stating specifically the nature of the default and declaring it to be
the intention of the party giving such notice to cancel the Agreement if the
default is not cured as hereinafter provided. The party in default shall have
thirty (30) Days after receipt of the aforesaid notice in which to remedy or
remove the cause or causes stated in the notice. If within said thirty (30)
Days, the party in default removes or remedies said cause or causes, or if such
default is of the nature that it would be unreasonable to effect a cure within
such thirty (30) Day period and the defaulting party has commenced and is
diligently pursuing such cure and fully indemnifies the party not in default,
subject to the provisions of paragraph 12.1, then this Agreement shall remain in
full force and effect.
13.2 Termination. Except as otherwise provided herein, if the party in
-----------
default does not remedy and remove the cause or causes stated in such notice
within said thirty (30) Days, or does not indemnify the party not in default,
then this Agreement, at the option of the non-defaulting party, shall be
terminated and be of no further force or effect from and after the expiration of
said thirty (30) Day period.
-43-
Any terminations of this Agreement pursuant to paragraph 13.2 shall be
without prejudice to the right of the party not in default to collect any
amounts then due it and without waiver of any other remedy to which the party
not in default may be entitled for breach of this Agreement.
ARTICLE 14
ACTIONS REQUIRED TO SATISFY CERTAIN CONDITIONS
----------------------------------------------
14.1 General. Certain of the obligations of both parties set forth herein
-------
are subject to the approval or authorization of regulatory and/or governmental
authorities. Buyer and Seller agree to act with due diligence and cooperate with
each other in seeking such approvals or authorizations.
14.2 BPU Approval. All of Seller's obligations set forth herein are
------------
subject to approval by the BPU upon terms and conditions acceptable to the
parties in their sole discretion. Seller agrees in seeking such approval to
request the BPU to approve, in toto, all of the terms, conditions and rates set
-- ----
forth in this Agreement and to find, specifically, that such terms, conditions
and rates are reasonable for the term hereof, including any extensions thereof.
14.3 Regulatory Authorizations and Governmental Permits. Certain of
--------------------------------------------------
Seller's obligations set forth herein, particularly those set forth in paragraph
2.2(a) hereof, are subject to the receipt of regulatory authorizations and
governmental permits. The parties agree that the terms and conditions of such
orders,
-44-
permits and authorizations must be acceptable to all parties in their sole
discretion.
Upon Seller's receipt of any regulatory authorization or governmental
permit that has a potential adverse impact on Buyer, Seller shall transmit to
Buyer a copy of such authorization or permit within ten (10) Days of receipt
thereof, and Buyer shall, within fifteen (15) Days of its receipt thereof, give
notice to Seller whether the terms and conditions of such authorization are
satisfactory to Buyer, and, thereafter, immediately following Seller's
acceptance or rejection of such authorization, Seller shall give notice to Buyer
of its acceptance or rejection. Seller shall also provide Buyer with copies of
all long-term firm Transportation Agreements with Transporter(s) for quantities
in excess of twenty-five thousand (25,000) Dekatherms per Day, and copies of
related certificate and abandonment applications of Transporter(s) filed with
the FERC.
14.4 Construction of Facilities. Certain of Seller's obligations are
--------------------------
subject to the construction and placing in service of specific facilities. To
the extent Seller is responsible for such construction, Seller agrees, subject
to satisfaction of any other applicable conditions, to act with due diligence in
constructing and placing in service such facilities after the receipt of the
letters of credit required in paragraph 10.1.
-45-
Within sixty (60) Days of Seller's execution of this Agreement, Seller
shall furnish Buyer a schedule showing its best estimate of the dates by which
(i) permits will have been received for the construction of the facilities
covered hereby, (ii) construction of such facilities will have been completed
and (iii) such facilities will have been in service. Seller shall notify Buyer
of any material changes in the schedule provided hereunder. The parties shall
mutually cooperate and use reasonable efforts to have such facilities (or other
facilities having less volumetric capacity) in service to permit testing of the
Facility by February 1, 1993.
To the extent that Transporter(s) are responsible for the construction
of any required facilities, Seller agrees to act with due diligence to cause
Transporter(s) to construct and place in service such facilities. Commencing
January 1, 1992, Seller shall provide Buyer with quarterly reports as to the
status of any regulatory authorizations required by Transporter(s) to permit
Seller to render the services hereunder and as to the progress of any
construction of facilities by Transporter(s), equivalent to reports given to
Seller's managements, until such facilities are in-service.
14.5 Mutual Cooperation. Both parties agree to cooperate with each other
------------------
and to keep each other informed regarding their progress in carrying out their
respective obligations under this Agreement.
-46-
ARTICLE 15
ASSIGNMENT OF INTERESTS
-----------------------
15.1 Assignment of Interests. Either party may, without relieving itself
-----------------------
of its obligations under this Agreement, assign any of its rights hereunder to
an entity with which it is affiliated, but otherwise no assignment of this
Agreement or any of the rights or obligations hereunder shall be made unless
there first shall have been obtained the consent thereto in writing of the other
party, which consent shall not be unreasonably withheld. Any successor-in-
interest of Buyer or Seller shall be entitled to the rights and shall be subject
to the obligations of its predecessor-in-interest under this Agreement. It is
agreed, however, that the restrictions on assignment contained in this paragraph
shall not in any way prevent either party to this Agreement from pledging,
mortgaging or assigning its rights hereunder as security for its indebtedness to
a Financier. In connection therewith, Seller will execute an appropriate consent
to any such pledge, mortgage or assignment as reasonably requested by such
Financier. In addition, Seller will execute an appropriate consent in favor of
any limited partner of Buyer as reasonably requested by Financier. Any such
consent will acknowledge, in effect, that this Agreement has been duly
authorized and is valid and enforceable against Seller and that this Agreement
is in full force and effect, that Seller will not agree to any amendment to this
Agreement without such Financier's approval
-47-
in writing, which approval shall not be unreasonably withheld by the Financier,
that Seller will make all payments due to Buyer hereunder in accordance with the
instructions of the Financier, that Seller will not terminate this Agreement by
reason of Buyer's default, by reason of force majeure or under paragraph 3.9
hereof, without giving the Financier notice of default and notice of termination
and the same opportunity to cure provided to Buyer under this Agreement (plus
any longer period as may be necessary, not to exceed [*], if the Financier in
good faith is endeavoring to obtain possession of the Facility and pays
Seller's [*] for the Contract Quantity during such period), that Seller will
deliver to the Financier a copy of each notice of default and notice of
termination at the same time that such notice is delivered to Buyer, and that in
the event the Financier exercises its rights under its loan, partnership or
lease documentation with Buyer, Seller will accept performance by the Financier
or any successor or assign thereof, provided that the Financier or any such
successor or assign pays all sums then due to Seller hereunder and is also
otherwise in compliance with this Agreement, as Seller may consent to in
writing, which consent shall not be unreasonably withheld. Seller hereby agrees
that its consent shall not be required with respect to any assignment to a
Financier or any affiliated or related entity of Financier.
-48-
ARTICLE 16
ECONOMIC CHANGES
----------------
16.1 Rate Changes. At least five (5) Days prior to the beginning of each
------------
month, Seller will provide to Buyer its calculation of the [*], and the [*], and
at least five (5) Days prior to each November 1, its calculation of the [*] and
other appropriate pricing determinations. The rates included in such calculation
shall be effective the first Day of the next month, provided, however, that if
Buyer challenges such rates, the rates shall nevertheless be effective on the
first Day of the Month but shall be collected subject to refund within thirty
(30) Days of a final BPU determination of the proper rates that comply with this
Agreement.
16.2 [*]
-49-
[*]
16.3 Amendment of Power Purchase and Interconnection Agreement.
----------------------------------------------------------
In the event Buyer and Seller amend their Power Purchase and
Interconnection Agreement in a manner which has a material economic impact on
Seller hereunder, particularly any amendment that would in any way affect the
amount of Gas to be used in the Facility, or otherwise agree to sell and
purchase less than the quantities of power provided in Article II of the Power
Purchase and Interconnection Agreement, as of the date of this Agreement, Buyer
and Seller shall have the right to renegotiate this Agreement so as to place
Buyer and Seller in substantially the same economic positions that they
experienced prior to the amendment of the Power Purchase and Interconnection
Agreement. Buyer agrees to give Seller reasonable prior notice before amending
the Power Purchase and Interconnection Agreement and provide Seller with a copy
of any amendment within ten (10) Days of its execution.
-50-
16.4 Letter of Credit. Any letter of credit provided by Buyer hereunder
----------------
as security for Buyer's obligations to Seller shall be subject to the prior
review and approval of Seller and shall contain terms and conditions reasonably
acceptable to Seller. Other than Financier, the issuers of such security shall
also be subject to Seller's prior approval, which approval shall not be
unreasonably withheld.
ARTICLE 17
NOTICES AND ADDRESSES
---------------------
17.1 Any notice, request, demand, statement or payment provided for in
this Agreement shall be sent to the parties hereto at the following addresses:
BUYER: CAMDEN COGEN, L.P.
0000 Xxxxx Xxxxxx
Xxxxx 0000, 00xx Xxxxx
Xxxxxxx, XX 00000
Attn: H. Xxxx Xxxxxx
Telecopier: (000) 000-0000
Twenty-four Hour Dispatch Contact:
----------------------------------
During Business Hours: Xxxxxxxx X. Xxxxxx
After Business Hours: H. Xxxx Xxxxxx
Payment, Wire Transfer:
CAMDEN COGEN, L.P.
(to be provided)
-------------------------------------------
-------------------------------------------
SELLERS: Notices:
--------
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
00 Xxxx Xxxxx
00xx Xxxxx
Xxxxxx, XX 00000
Attn: Vice President Gas Supply
Telecopier: (000) 000-0000
-51-
Twenty-four Hour Dispatch Contact:
----------------------------------
During Business Hours: (000) 000-0000
After Business Hours: (000) 000-0000
Payment, Wire Transfer:
-----------------------
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
(to be provided)
-------------------------------------------
-------------------------------------------
Any notice, request or demand shall be deemed to have been made
hereunder at such time as same has been deposited and stamped in registered
United States mail, postage prepaid; provided, that notices required under
paragraph 3.12 shall be given first by telephone or radio and then confirmed
immediately by telecopier, telex or other rapid transmittal system; and provided
further that notices under paragraph 3.11 shall be given by telecopier, telex,
or other similar rapid transmittal system, and such notices shall be deemed to
have been given on the Day or at the hour, as appropriate, sent by such rapid
transmittal system. Either party may change addresses under this Article 17 by
giving prior written notice to the other party.
ARTICLE 18
MISCELLANEOUS
-------------
18.1 This Agreement shall be governed by the laws of the State of
New Jersey.
18.2 This Agreement constitutes the entire agreement between the parties
hereto with respect to the matters set forth herein. This Agreement may be
executed in any number of
-52-
counterparts, each of which shall be deemed to be an original of this Agreement.
18.3 The failure of either party hereto to exercise any right granted
hereunder shall not impair nor be deemed as a waiver of such party's privilege
of exercising such right at any subsequent time or times.
18.4 All headings appearing herein are for convenience only, and shall
not be considered a part of this Agreement for any purpose or as in any way
interpreting, construing, varying, altering or modifying this Agreement or any
of the provisions hereof.
18.5 No modification or amendment to this Agreement shall be effective,
unless such modification or amendment is in writing and signed by the parties
hereto.
18.6 The terms of this Agreement and information disclosed pursuant to
this Agreement, including but not limited to the price paid for Natural Gas,
shall be kept confidential by Seller and Buyer, (a) except to the extent any
information must be disclosed to (i) Transporter(s) for the purpose of
effectuating transportation of the Natural Gas sold and purchased under this
Agreement and (ii) any person or entity for the purpose of evaluating a
financial participation in the Facility or in the financing of equity
investments in Buyer, and (b) except as required by law, regulation or request
of Governmental Authority.
18.7 Seller shall cooperate with Buyer in connection with Buyer's
efforts to purchase gas for the Resale Service
-53-
hereunder and, at Buyer's request, shall utilize reasonable efforts to make
their representatives available to meet with potential Natural Gas suppliers
identified by Buyer for that purpose.
18.8 If the date of any payment obligation hereunder should occur on a
Saturday, Sunday or holiday, then such obligation shall be deferred until the
next business Day thereafter.
ARTICLE 19
ARBITRATION
-----------
19.1 Unless provided otherwise in this Agreement, if any dispute arises
hereunder which cannot be resolved by the parties, the matter shall be referred
to an arbitration panel of three (3) persons having knowledge and experience in
connection with similar Gas supply and service agreements for resolution. The
panel shall be selected within thirty (30) Days of written notice of the dispute
and shall be comprised of one (1) member selected by Buyer, one (1) selected by
Seller and one (1) jointly selected by the arbitrators selected by Buyer and
Seller. Any arbitration proceeding shall be conducted in accordance with
procedures established by the American Arbitration Association. The decision of
the arbitrators shall be issued within sixty (60) Days of the commencement of
the proceeding and shall be binding on the parties, subject to any necessary
regulatory approvals.
-54-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed in duplicate by their respective duly authorized corporate
officers effective as of the day and year first above written.
SELLER:
------
WITNESS: PUBLIC SERVICE ELECTRIC AND GAS COMPANY
/s/ Xxxx X. Xxxxx By /s/ Xxxxxxx X. Xxxx
------------------------- --------------------------------
Title: Senior Vice President - Gas
BUYER
-----
CAMDEN COGEN, L.P.
(D/B/A Cogen Technologies Inc.)
WITNESS: By /s/ H. Xxxx Xxxxxx
---------------------------
/s/ Xxxxxx Xxxxxxx Title: Vice President
---------------------------
55
STATE OF NEW JERSEY, COUNTY OF Hunterdon, ss.
On this the 15th day of May, 1991, before me, Xxxxxxx Xxxxxxxxxxx, the
undersigned officer, personally appeared, Xxxxxxx X. Xxxx, known to me to be
the person whose name subscribed to the within instrument and acknowledged that
Public Service Electric and Gas Company executed the same for the purposes
therein contained.
In witness whereof I hereunto set my hand and official seal.
/s/ Xxxxxxx Xxxxxxxxxxx
--------------------------------
Notary
Notary Public in and for the State of New Jersey.
-56-
STATE OF TEXAS, COUNTY OF XXXXXX, xx.
On this the 10th day of July, 1991, before me, Xxxxxxxxx Xxxxxx, the
undersigned officer, personally appeared, H. Xxxx Xxxxxx, known to me to be the
person whose name subscribed to the within instrument and acknowledged that he,
as Vice President of Cogen Technologies Camden, Inc., the General Partner of
Camden Cogen, L.P., executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
/s/ XXXXXXXXX XXXXXX
---------------------------
Notary
Notary Public in and for the State of Texas.
-57-
EXHIBIT A
---------
[*]
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. NO. 10 GAS ORIGINAL SHEET NO. 1
EXHIBIT B
BASE RATES
----------
TARIFF
FOR
GAS SERVICE
APPLICABLE IN
TERRITORY SERVED AS SHOWN ON
SHEET NOS. 3 THROUGH 5 OF THIS TARIFF
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
GENERAL OFFICES
00 XXXX XXXXX
XXXXXX, XXX XXXXXX 00000
DATE OF ISSUE: NOVEMBER 14, 1986 EFFECTIVE: OCTOBER 31
ISSUED BY XXXXXXXX X. XX XXXXX, SENIOR VICE PRESIDENT--CUSTOMER OPERATIONS
00 XXXX XXXXX, XXXXXX, XXX XXXXXX 00000
FILED PURSUANT TO ORDER OF BOARD OF PUBLIC UTILITIES, DATED OCTOBER 31, 1986
IN DOCKET NOT. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY Fourth Revised Sheet Xx. 0
Xxxxxxxxxxx
X.X.X.X.X. Xx. 00 GAS Third Revised Sheet No. 2
TABLE OF CONTENTS
Title Page..........................................................Sheet No. 1
Table of Contents...................................................Sheet No. 2
Territory Served..................................Sheets Nos. 3 to 5, inclusive
Standard Terms and Conditions....................Sheets Nos. 6 to 18, inclusive
Levelized Gas Adjustment...........................................Sheet No. 19
Commodity Charge Applicable to Rate Schedule ISG..................Sheet No. 19A
Commodity Charge Applicable to Rate Schedule CIG..................Sheet No. 19C
RATE SCHEDULES AS LISTED BELOW:
RATE SHEET
APPLICABLE TO ENTIRE TERRITORY SERVED FOR: SCHEDULE NO.
Residential Service........................................ RSG 20
General Service............................................ GSG 22
Large Volume Service....................................... LVG 23
Street Lighting Service.................................... SLG 24
Interruptible Service...................................... ISG 27
Cogeneration Interruptible Service......................... CIG 36
Firm Transportation Gas Service...........................TSG-F 40
Non-Firm Transportation Gas Service......................TSG-NF 43
Date of Issue: November 5, 1990 Effective: November 1, 1990
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1990
in Docket No. GR90070649J
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. NO. 10 GAS ORIGINAL SHEET NO. 3
TERRITORY SERVED
BERGEN COUNTY
Allendale, Borough of Ridgefield Park, Village of
Alpine, Borough of Ridgewood, Village of
Bergenfield, Borough of River Edge, Borough of
Bogota, Borough of River Vale, Township of
Carlstadt, Borough of Xxxxxxxx Park, Township of
Cliffside Park, Borough of Rockleigh, Borough of
Closter, Borough of Xxxxxxxxxx, Borough of
Cresskill, Borough of Saddle Brook, Township of
Demarest, Borough of Saddle River, Borough of
Xxxxxx, Borough of South Hackensack, Township of
East Xxxxxxxxxx, Borough of Teaneck, Township
Edgewater, Borough of Tenafly, Borough of
Elmwood Park, Borough of Teterboro, Borough of
Xxxxxxx, Borough of Xxxxx Xxxxxx Xxxxx, Xxxxxxx xx
Xxxxxxxxx, Xxxx of Waldwick, Borough of
Englewood Cliffs, Borough of Wallington, Borough of
Fair Lawn, Borough of Washington, Township of
Fairview, Borough of Westwood, Borough of
Fort Xxx, Borough of Woodcliff Lake, Borough of
Franklin Lakes, Borough of Wood-Ridge, Borough of
Garfield, City of Xxxxxxx, Township of
Xxxx Rock, Borough of
Hackensack, CIty of BURLINGTON COUNTY
Xxxxxxxxxx Park, Borough of
Xxxxxxxxx Heights, Borough of Xxxxxxx, City of
Xxxxxxx, Borough of Bordentown, City of
Hillsdale, Borough of Bordentown Township of
Ho-Xx-Xxx, Borough of Burlington, City of
Leonia, Borough of Chesterfield, Township of
Little Ferry, Borough of Cinnaminson, Township of
Lodi, Borough of Delanco, Township of
Lyndhurst, Township of Delran, Township of
Mahwah, Township of Eastampton, Township of
Maywood, Borough of Edgewater Park, Township of
Midland Park, Borough of Evesham, Township of
Montvale, Borough of Fieldsboro, Borough of
Moonachie, Borough of Xxxxxxxx, Township of
New Milford, Borough of Hainesport, Township of
North Arlington, Borough of Lumberton, Township of
Northvale, Borough of Mansfield, Township of
Xxxxxxx, Borough of Maple Shade, Township
Oakland, Borough of Medford, Township of
Old Tappan, Borough of Moorestown, Township of
Oradell, Borough of Mount Xxxxx, Township of
Palisades Park, Borough of Mount Laurel, Township of
Paramus, Borough of New Hanover, Township of
Park Ridge, Borough of North Hanover, Township of
Xxxxxx, Borough of Palmyra, Borough of
Ridgefield, Borough of Pemberton Borough of
Pemberton, Township of
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President-Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
PUBLIC SERVICE ELECTRIC AND GAS COMAPNY
P.U.C.N.J. NO. 10 GAS ORIGINAL SHEET NO. 4
TERRITORY SERVED
(CONTINUED)
BURLINGTON COUNTY - CONTINUED South Orange, Village of
Verona, Borough of
Riverside, Township of West Xxxxxxxx, Borough of
Riverton , Borough of West Orange, Town of
Southampton, Township of
Springfield, Township of GLOUCESTER COUNTY
Westampton, Township of
Willingboro, Township Deptford, Township of
Woodland, Township of National Park, Borough of
Wrightstown, Borough of West Deptford, Township of
Westville, Borough of
CAMDEN COUNTY Woodbury, City of
Audubon, Borough of XXXXXX COUNTY
Audubon Park, Borough of
Barrington, Borough of Bayonne, City of
Bellmawr, Borough of East Newark, Borough of
Brooklawn, Borough of Guttenberg, Town of
Camden, City of Xxxxxxxx, Town of
Cherry Hill, Township of Hoboken, City of
Collingswood, Borough of Jersey City, City of
Gloucester, City of Kearny, Town of
Haddon, Township of North Bergen, Township of
Haddonfield, Borough of Secaucus, Town of
Xxxxxx Xxxxxxx, Xxxxxxx xx Xxxxx Xxxx, Xxxx of
Lawnside, Borough of Weehawken, Township of
Merchantville, Borough of West New York, Town of
Mount Ephraim, Borough of
Oaklyn, Borough of HUNTERDON COUNTY
Pennsauken, Township
Tavistock, Borough of East Amwell, Township of
Xxxx-Xxxxx, Borough of Readington, Township of
Tewksbury, Township of
ESSEX COUNTY
XXXXXX COUNTY
Belleville, Town of
Bloomfield, Town of East Windsor, Township of
Xxxxxxxx, Borough of Xxxxx, Township of
Cedar Grove, Township of Xxxxxxxx, Township of
East Orange, City of Hightstown, Borough of
Essex Falls, Borough of Xxxxxxxx, Township of
Fairfield, Borough of Princeton, Borough of
Xxxx Ridge, Borough of Princeton, Township of
Irvington, Town of Trenton, City of
Xxxxxxxxxx, Township Washington, Township of
Maplewood, Township of West Windsor, Township of
Millburn, Township of
Montclair, Town of MIDDLESEX COUNTY
Newark, City of
North Xxxxxxxx, Borough of Cranbury, Township of
Nutley, Town of Dunellen, Borough of
Orange, City of East Brunswick, Township of
Roseland, Borough of
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMAPNY
P.U.C.N.J. NO. 10 GAS ORIGINAL SHEET NO. 5
TERRITORY SERVED
(CONTINUED)
MIDDLESEX COUNTY-COUNTINUED OCEAN COUNTY
Edison, Township of Plumsted, Township of
Helmetta, Borough of
Highland Park, Borough of PASSAIC COUNTY
Jamesburg, Borough of
Madison, Township of Bloomingdale, Borough of
Middlesex, Borough of Xxxxxxx, City of
Milltown, Borough of Haledon, Borough of
Monroe, Township of Hawthorne, Borough of
New Brunswick, City of Little Falls, Township of
North Brunswick, Township of North Haledon, Borough of
Piscataway, Township of Passaic, City of
Plainsboro, Township of Paterson, City of
Sayreville, Borough of Pompton Lakes, Borough of
South Amboy, City of Prospect Park, Borough of
South Brunswick, Township of Ringwood, Borough of
South Plainfield, Borough of Totowa, Borough of
South River, Borough of Wanaque, Borough of
Spotswood, Borough of Wayne, Township of
West Milford, Township of
MONMOUTH COUNTY West Paterson, Borough of
Allentown, Borough of SOMERSET COUNTY
Millstone, Township of
Roosevelt, Borough of Bedminster, Township of
Upper Freehold, Township of Bernards, Township of
Bernardsville, Borough of
XXXXXX COUNTY Bound Brook, Borough of
Branchburg, Township of
Xxxxxx, Borough of Bridgewater, Township of
Chatham, Borough of Far Hills, Borough of
Chatham, Township of Franklin, Township of
Xxxxxxx, Borough of Green Brook, Township of
Xxxxxxx, Township of Hillsborough, Township of
Denville, Township of Manville, Borough of
East Hanover, Township of Millstone, Borough of
Florham Park, Borough of Xxxxxxxxxx, Township of
Hanover, Township of North Plainfield, Borough of
Xxxxxxx, Township of Peapack-Gladstone, Borough of
Jefferson, Township of Raritan, Borough of
Kinneton, Borough of Rocky Hill, Borough of
Madison, Borough of Somerville, Borough of
Mendham, Borough of South Bound Brook, Borough of
Mendham, Township of Xxxxxx, Township of
Xxxxxx, Township of Watchung, Borough of
Xxxxxx Plains, Borough of
Morristown, Town of UNION COUNTY
Parsippany-Xxxx Hills, Township of
Passaic, Township of Berkeley Heights, Township of
Pequannock, Township of New Providence, Borough of
Xxxxxxxx, Township of Plainfield, City of
Riverdale, Borough of Springfield, Township of
Summit, City of
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY SECOND REVISED SHEET XX. 0
XXXXXXXXXXX
X.X.X.X.X. Xx. 00 GAS FIRST REVISED SHEET NO. 6
STANDARD TERMS AND CONDITIONS-INDEX
Sheet
No.
1. GENERAL.............................................................. 7
2. OBTAINING SERVICE.................................................... 7
2.1. Application................................................... 7
2.2. Selection of Rate Schedule................................... 7
2.3. Deposit and Guarantee........................................ 8
2.4. Main Extensions.............................................. 8
2.5. Service Connections.......................................... 8
2.6. Permits...................................................... 8
2.7. Temporary Service............................................ 8
3. EXTENSION OF DISTRIBUTION MAINS...................................... 8
3.1. General....................................................... 8
3.2. Individual Residential Customer............................... 9
3.3. Residential Land Developer.................................... 9
3.4. Commercial and Industrial..................................... 9
4. CHARACTERISTICS OF SERVICE........................................... 10
4.1. Standard Service Supply....................................... 10
4.2. Heat Measurement and Billing Units............................ 10
4.3. Standard Pressure............................................. 10
5. SERVICE CONNECTIONS.................................................. 10
5.1. General....................................................... 10
5.2. Service Connection Charges.................................... 10
5.3. Change in Location of Existing Service Pipe................... 10
6. METERS AND ASSOCIATED EQUIPMENT...................................... 11
6.1. General....................................................... 11
6.2. Seals......................................................... 11
6.3. Protection of Meter and Service Equipment..................... 11
6.4. Public Service to Turn on Gas................................. 11
6.5. Change in Location of Meters and Associated Equipment......... 11
6.6. Tampering..................................................... 11
7. CUSTOMER'S INSTALLATION.............................................. 12
7.1. General....................................................... 12
7.2. Piping........................................................ 12
7.3. Utilization Apparatus......................................... 12
7.4. Back Pressure and Suction..................................... 12
7.5. Maintenance of Customer's Installation........................ 12
7.6. Appliance Adjustments......................................... 12
7.7. Adequacy and Safety of Installation........................... 12
7.8. Liability for Customer's Installation......................... 12
8. METER READING AND BILLING............................................ 12
8.1. Measurement of Gas Used....................................... 12
8.2. Correction for Pressure....................................... 13
8.3. Separate Billing for Each Installation........................ 13
8.4. Metering on Customer's Premises............................... 13
8.5. Testing of Meters............................................. 14
8.6. Billing Adjustments........................................... 14
8.7. Meter Reading and Billing Period.............................. 14
8.8. Proration of Monthly Charges.................................. 14
8.9. Averaged Bills................................................ 14
8.10. Budget Plan................................................... 14
8.11. Billing of Charges in Tariff.................................. 14
8.12. Payment of Bills.............................................. 14
8.13. Late Payment Charge........................................... 14
8.14. Returned Check Charge......................................... 14
9. LEAKAGE............................................................. 15
10. ACCESS TO CUSTOMER'S PREMISES....................................... 15
11. DISCONTINUANCE OF SERVICE........................................... 15
11.1. By Public Service............................................. 15
11.2. At Customer's Request......................................... 16
12. RECONNECTION CHARGE................................................. 16
13. SERVICE LIMITATIONS................................................. 17
13.1. Continuity of Service......................................... 17
13.2. Emergencies................................................... 17
13.3. Unusual Conditions............................................ 17
14. TERMINATION, CHANGE, OR MODIFICATION OF PROVISIONS OF TARIFF........ 17
Date of Issue: October 3, 1989 Effective: September 25, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY SECOND REVISED SHEET XX. 0
XXXXXXXXXXX
X.X.X.X.X. Xx. 00 GAS FIRST REVISED SHEET NO. 7
STANDARD TERMS AND CONDITIONS
1. GENERAL
These Standard Terms and Conditions, filed as a part of the gas tariff of Public
Service Electric and Gas Company, hereinafter referred to as "Public Service,"
set forth the terms and conditions under which gas service will be supplied and
govern all classes of service to the extent applicable, and are made a part of
all agreements for the supply of gas service unless specifically modified in a
particular rate schedule.
No representative of Public Service has authority to modify any provision
contained in this Tariff or to bind Public Service by any promise or
representation contrary thereto.
The benefits and obligations under an application or agreement for service shall
begin when Public Service makes gas service available to the customer.
Standard agreements to supply gas service shall be in accordance with the rate
schedule and shall be based upon plant facilities which are sufficient for safe,
proper, and adequate service. Public Service may require agreements for a longer
term than specified in the rate schedule, may require contribution toward the
investment, and may establish such Minimum Charges and Facilities Charges as may
be equitable under the circumstances involved where: (1) large or special
investment is necessary for the supply of service; (2) capacity required to
serve customer's equipment is out of proportion to the use of gas service for
occasional, intermittent, or low load factor purposes, or is for short
durations.
Publications set forth by title in sections of these Standard Terms and
Conditions are incorporated in the Tariff by reference.
2. OBTAINING SERVICE
2.1. Application: An application for gas service may be made at any of the
Customer Service Centers of Public Service in person, by mail, or by
telephone. Forms for application for service, when required together with
terms and conditions and rate schedules, will be furnished upon request.
Customers shall state, at the time of making application for service, the
conditions under which service will be required and customer may be
required to sign an agreement or other form then in use by Public Service
covering special circumstances for the supply of gas service. Data
requested from customers may include proof of identification such as a
Driver's License, as well as copies of leases, deeds and corporate
charters. Such information shall be considered confidential.
Public Service may reject applications for service where such service is
not available or where such service might affect the supply if gas to other
customers or for failure of customer to agree to comply with any of these
Standard Terms and Conditions.
See also Section 13 Service Limitations, of these Standard Terms and
Conditions.
2.2. Initial Selection of Rate Schedule: Public Service will assist in the
selection of the available schedule which is most favorable from the
standpoint of the customer. Any advice given by Public Service will
necessarily be based on customer's written statements detailing his
proposed operative conditions.
Customer may, upon written notice to Public Service within three months
after service is begun elect to change and to receive service under any
other available rate schedule. Public Service will furnish service to and
xxxx the customer under the rate schedule so selected from the date of last
schedule meter reading, but no further change will be allowed during the
next twelve months.
2.2.1. Change of Rate Schedule: Subsequent to initial selection of a rate
schedule, customer shall notify Public Service in writing of any change
in his use of service which might affect the selection of a rate schedule
or provision within a rate schedule. Any change in schedule of provision
be applicable if permitted to the next regular billing subsequent to such
notification.
Date of Issue: February 20, 1987 Effective: February 16, 1987
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated February 13, 1987
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY SECOND REVISED SHEET XX. 0
X.X.X.X.X. Xx. 00 GAS SUPERSEDING
FIRST REVISED SHEET NO. 8
STANDARD TERMS AND CONDITIONS
(Continued)
2.3. DEPOSIT AND GUARANTEE: Where Public Service deems it necessary, a
deposit or other guarantee satisfactory to Public Service may be
required as security for the payment of future and final bills before
Public Service will commence or continue to render service, or
perform necessary preliminary work prior to meter installation.
A deposit may be required from a customer equal to the estimated
bills which would accrue for two months' service at the applicable
rate schedule. A customer taking service for a period of less than
thirty days may be required to deposit an amount equal to the
estimated xxxx for such temporary period.
Upon closing any account, the balance of any deposit remaining after
the closing xxxx for service has been settled, shall be returned
promptly to the depositor with interest due. Deposits shall cease to
bear interest upon discontinuance of service.
Public Service shall review a residential customer's account at least
once every year and a non-residential customer's account at least
once every 2 years. If such review indicates that the customer has
established credit satisfactory to Public Service, then the
outstanding deposit shall be refunded to the customer.
In accordance with N.J.A.C. 14:3-7.5(c), simple interest at a rate
equal to the average yields on new six-month Treasury Bills for the
twelve month period ending each September 30 shall be paid by Public
Service on all deposits held by it, provided the deposit has remained
with Public Service for at least 3 months. Said rate, which shall be
rounded up or down to the nearest half percent, shall be determined
by the Board of Public Utilities, and shall become effective on
January 1 of the following year.
Interest payments shall be made at least once during each 12-month
period in which a deposit is held and shall take the form of credits
on bills toward utility service rendered or to be rendered, for
residential accounts.
A deposit is not a payment or part payment of any xxxx for service,
except that on discontinuance of service Public Service may apply
said deposit against unpaid bills for service, and only the remaining
balance of the deposit will be refunded. Public Service shall read
the meters and ascertain that the obligations of the customer have
been fully performed before being required to return any deposit. To
have service resumed, customer will be required to restore deposit to
original amount.
2.4. MAIN EXTENSIONS: The customer may be required to make a deposit for
the extension of gas mains as set forth in Section 3 of these
Standard Terms and Conditions.
2.5. SERVICE CONNECTIONS: The customer may be required to make a
contribution toward the cost of installing a service connection as
set forth in Section 5 of these Standard Terms and Conditions.
2.6. PERMITS: Public Service, where necessary, will make application for
any street opening permits for installing its service connections and
shall not be required to furnish service until after such permits are
granted. The customer may be required to pay the municipal charge, if
any, for permission to open the street. The customer shall obtain and
present to Public Service, for recording or for registration, all
instruments providing for easements or rights of way, and all permits
(except street opening permits), consents, and certificates necessary
for the introduction of service.
2.7. TEMPORARY SERVICE: Where service is to be used at an installation for
a limited period and such installation is not permanent in nature,
the use of service shall be classified as temporary. In such cases,
the customer may be required to pay to Public Service the cost of the
facilities required to furnish service. The minimum period of
temporary service for billing purposes shall be one month.
After two years of service a temporary service installation shall be
eligible for refunds. Excluding the first two annual service periods,
refunds equal to 10% of the revenue received by Public Service during
an annual service period shall be made at the end of such period. In
no case shall the total amount refunded be in excess of the
installation cost paid by the customer, nor shall refunds be made for
more than eight consecutive annual service periods.
3. EXTENSION OF DISTRIBUTION MAINS
3.1. GENERAL: Public Service will construct, own, and maintain
distribution mains located on streets, highways and on rights of way
acquired by Public Service, used or usable as part of the
distribution system of Public Service. The making of a deposit under
any of the following cases shall not give the customer any interest
in the facilities, the ownership being vested exclusively in Public
Service.
Date of Issue: August 7, 1990 Effective: July 19, 1990
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated July 19, 1990
in Docket No. GT90060595
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET NO. 9
STANDARD TERMS AND CONDITIONS
(CONTINUED)
The following formulae shall not be binding on the parties but are
suggested as a guide to customers and utilities. Parties are still free
to exercise their rights under New Jersey Revised Statutes 48:2-27. When
an applicant for an extension is dissatisfied with these suggested
extension regulations he may petition the Board for a finding that the
extension should be made without charge.
3.2 INDIVIDUAL RESIDENTIAL CUSTOMER: Where the cost to Public Service for an
extension to serve an individual permanent residential customer does not
exceed five times the estimated annual revenue, Public Service will make
the necessary extension upon receiving from the customer an application
for service. Such application shall be made by the owner of the property
or by a responsible tenant and shall be for an indefinite period; not
less, however, than the number of years necessary to produce, at the
normal annual charge, the cost of the extension.
3.2.1 Where the cost of an extension exceeds the amount which Public
Service will install without cost to a customer, in accordance with
Section 3.2, the excess cost of the extension shall be deposited
and remain with Public Service without interest. When the actual
annual revenue from premises exceeds the amount of revenue which
was used as the basis for the initial deposit computation, or the
basis for a previous deposit return, there shall be returned to the
depositor an additional amount equal to five times such excess. In
no event shall more than the original deposit be returned to the
depositor nor shall any part of the deposit remaining after ten
years from the date of the original deposit be returned. Public
Service will waive the deposit required where the amount is $100.00
or less.
3.2.2 Where the cost to Public Service for an extension to serve an
individual permanent residential customer exceeds the amount which
Public Service will install without cost to the customer, in
accordance with Section 3.2, Public Service and the customer may
agree upon a monthly revenue guarantee not to exceed one-sixtieth
of the total cost of the extension, in lieu of a deposit pursuant
to Section 3.2.1.
3.3 RESIDENTIAL LAND DEVELOPER: Where applications for extensions into newly
developed tracts of land are made by individuals, partnerships, or
corporations interested in the development or sale of land but not as
ultimate residents, Public Service may require a deposit from the
applicant covering the entire cost of the extension necessary to serve
the tract.
3.3.1. Extension deposits shall not carry interest and are to be returned
as hereinafter provided to depositor when new buildings abutting on
such extensions are under construction and have been framed and
roofed.
3.3.2. The deposit shall be returned in an amount equal to five times the
estimated annual revenue from each such completion on said
extension. If during a ten-year period from the date of the
original deposit, the actual annual revenue, during any year of
said ten-year period, from premises exceeds the annual revenue
which was the basis for the previous deposit return, there shall be
returned to the depositor an additional amount equal to five times
such excess. In no event shall more than the original deposit be
returned to the depositor nor shall any part of the deposit
remaining after ten years from the date of the original deposit be
returned.
3.4 COMMERCIAL AND INDUSTRIAL: Public Service may require any customer to
deposit an amount equal to the entire cost of the new facilities
required to supply service, such amount to be subject to refund as
follows: At the end of the first service year, an amount without
interest equal to 10% of the total amount of the monthly bills rendered
to and paid by the customer for gas service furnished by Public Service
for that year will be refunded, and thereafter refunds similarly
determined will continue each year until such time as the accumulated
annual refunds are equal to but not in excess of the sum
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. NO. 10 GAS ORIGINAL SHEET NO. 10
STANDARD TERMS AND CONDITIONS
(CONTINUED)
deposited; provided, however, that any part of the deposit not returned
to the customer within ten years after the beginning of the first
service year shall remain the property of Public Service. No refund will
be made if service is discontinued prior to the expiration of the first
service year.
Where it is necessary to provide additional facilities to serve
increased requirements of an existing customer, Public Service may
require the customer to deposit an amount equal to the cost of such
additional facilities. This amount shall be subject to refund as
outlined in the preceding paragraph except that the refunds will be
calculated at 10% of the excess revenue over a predetermined base.
4. CHARACTERISTICS OF SERVICE
4.1 STANDARD SERVICE SUPPLY: The gas supplied may be manufactured or
derived from natural sources altered to remove impurities and to add
desirable constituents. The character of the gas will be of nature which
will fulfil the requirements of the regulations of the Board of Public
Utilities.
4.2 HEAT MEASUREMENT AND BILLING UNITS: For billing purposes, the customer's
gas use in cubic feet will be converted to therms, using the estimated
calendar twelve-month average heating value on a dry basis, of the gas
distributed, where a therm is a unit of heat energy equivalent to
100,000 British Thermal Units (Btu's).
4.3 STANDARD PRESSURE: The standard pressure supplied at the meter outlet
will be within the range of to 7 inches water column pressure.
5. SERVICE CONNECTIONS
5.1 GENERAL: The customer shall consult Public Service as to the exact point
at which the service pipe will enter the building before installing
interior gas piping or starting any other work dependent upon the
location of the service pipe. Public Service will determine the location
of the service pipe depending upon existing facilities in the street and
other practical considerations.
Gas service will be supplied to each building or premises through a
single service pipe except where, in the judgement of Public Service,
its economic considerations; conditions on its distribution system;
improvement of service conditions; or volume of the customer's
requirements, make it desirable to install more than one service pipe.
The making of a payment in any of the following cases shall not give the
customer any interest in service connection, the ownership being vested
exclusively in Public Service.
5.2 SERVICE CONNECTION CHARGES: Public Service will furnish and place, at no
cost to the customer up to 200 feet of service connection, measured at
right angles from the nearest curb line to the customer's building, at
the point of service entrance designated by Public Service. Where the
distance is in excess of 200 feet, the service pipe will be installed
subject to a charge equal to the amount by which the cost of the service
connection exceeds the greater of either twice the customer's annual
revenue as estimated by Public Service or the cost of the first 200 feet
of service connection which otherwise would be furnished without charge
as provided above. Should the customer request a service entrance at a
location other than that designated by Public Service, the customer
shall pay the additional cost associated with said change in point of
service entrance provided that the customer shall not be required to pay
for the first 200 feet of service connection in any case and provided
further, that the customer shall not be required to pay for any
portion of the cost of the service connection if the cost thereof does
not exceed twice the estimated annual revenue. Public Service will waive
the charge to the customer when the amount is $50.00 or less.
The charge for the service connection, when the service pipe is of a
size up to and including 4 inch diameter pipe, shall be determined by
the application of established unit costs per foot. These unit costs are
available for customer's inspection. Where the size of the service pipe
is greater than 4 inch, the charge shall be based on actual construction
costs.
5.3 CHANGE IN LOCATION OF EXISTING SERVICE PIPE: Any change requested by the
customer in the location of the existing service pipe, if approved by
Public Service, will be made at the expense of the customer.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY SECOND REVISED SHEET NO. 11
SUPERSEDING
P.U.C.N.J. NO.10 GAS FIRST REVISED SHEET NO. 11
STANDARD TERMS AND CONDITIONS
(Continued)
6. METERS AND ASSOCIATED EQUIPMENT
6.1. GENERAL: A single meter will be furnished and installed by Public
Service for each separately billed rate schedule under which a
customer receives service. Public service shall be consulted regarding
meter locations. Meter installations shall be in conformance with
"Installation of Gas Appliances and Gas Piping," issued by Public
Service and available on request. Where permitted, the meter shall be
located outside. If the meter cannot be located outside, the meter
shall be set so it can be read from outside the building, such as
through a transparent glass block or by a remote meter reading device.
When requested by a customer, remote meter reading equipment, which
transmits the reading on a meter to a repeating register located on
the outside of a building, may be installed, if feasible, at the
expense of the customer. The payment shall not give the customer any
interest in the equipment thus installed, the ownership being vested
exclusively in Public Service.
Additional meters will be installed only where, in the judgment of
Public Service, its economic considerations; conditions on its
distribution system; improvement of service conditions; or the volume
of the customer's requirements, make it desirable to install such
additional meters.
6.2. SEALS: Public Service may seal or lock any meters or enclosures
containing meters and associated metering equipment. No person except
a duly authorized employee of Public Service shall break or remove a
Public Service seal or lock.
6.3. PROTECTION OF METER AND SERVICE EQUIPMENT: Customer shall furnish and
maintain a suitable space to the meter and associated equipment. Such
space shall be as near as practicable to the point of entrance of the
gas service pipe, adequately ventilated, dry and free from corrosive
vapors, not subject to extreme temperatures, readily accessible to
duly authorized employees or agents of Public Service and shall
otherwise conform to "Installation of Gas Appliances and Gas Piping,"
issued by Public Service and available on request. Customer shall not
tamper with or remove meters or other equipment, nor permit access
thereto except by duly authorized employees or agents of Public
Service. In case of loss or damage to the property of Public Service
from the act or negligence of the customer or his agents or servants,
or of failure to return equipment supplied by Public Service, customer
shall pay to Public Service the amount of such loss or damage to the
property. All equipment furnished at the expense of Public Service
shall remain its property and may be replaced whenever deemed
necessary and may be removed by it at any reasonable time after the
discontinuance of service. In the case of defective service, the
customer shall not interfere or tamper with the apparatus belonging to
Public Service but shall immediately notify Public Service to have the
defects remedied.
6.4. PUBLIC SERVICE TO TURN ON GAS: No person other than a duly authorized
employee or agent of Public Service shall turn gas into any new system
of piping or into any old system of piping from which the use of gas
has been discontinued.
6.5. CHANGE IN LOCATION OF METERS AND ASSOCIATED EQUIPMENT: Any change
requested by the customer in the existing location of meters and
associated equipment, if approved by Public Service, will be made at
the expense of the customer.
6.6. TAMPERING: In the event it is established that Public Service meters
or other equipment on the customer's premises have been tampered with,
and, such tampering results in incorrect measurement of the service
supplied as determined by Public Service, for non-residential
accounts, the beneficiary shall pay for such service based upon the
Public Service estimate from available data and not registered by
Public Service meters. The beneficiary shall be the customer or other
party who benefits from such tampering. In the case of residential
accounts, all such costs shall be billed to the responsible party. The
responsible party shall be the customer or other party who causes
meter tampering to be committed.
The actual cost of investigation, inspection, and determination of
such tampering, and other costs, such as but not limited to, the
installation of protective equipment, legal fees, and other costs
related to the administrative, civil or criminal proceedings, may be
billed to the responsible party.
Tampering with Public Service facilities may by punishable by fine
and/or imprisonment under the New Jersey Code of Criminal Justice.
Date of Issue: September 4, 1987 Effective: August 28, 1987
Issued by XXXXXXXX X. XX XXXXX. Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated August 28, 1987
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIRST REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. XX. 00 GAS ORIGINAL SHEET NO. 12
STANDARD TERMS AND CONDITIONS
(Continued)
7. CUSTOMER'S INSTALLATION
7.1. GENERAL: No material change in the size, total capacity, or method
of operation of customer's equipment shall be made without previous
written notice to Public Service.
7.2. PIPING: Gas piping installed on the customer's premises must conform
to all requirements of municipal or other property constituted public
authorities and to the regulations set forth in "Installation of Gas
Appliances and Gas Piping," issued by Public Service and available on
request.
7.3. UTILIZATION APPARATUS: All utilization apparatus shall have the
approval of the American Gas Association Testing Laboratories
(American Standard Approval Requirements) and, in addition, shall have
the approval of Public Service. The manner of installation of all
utilization apparatus shall be in accordance with "Installation of Gas
Appliances and Gas Piping," issued by Public Service and available on
request.
Where the use of gas service is to be intermittent or occasional, or
for low load factor purposes or for short durations, equipment shall
not be connected without previous written notice to Public Service.
7.4. BACK PRESSURE AND SUCTION: When the nature of the customer's
utilization apparatus is such that it may cause back pressure or
suction in the piping system, meters, or other associated equipment of
Public Service, suitable protective devices, subject to inspection and
approval by Public Service, shall be furnished, installed, and
maintained by the customer.
7.5. MAINTENANCE OF CUSTOMER'S INSTALLATION: Customer's entire
installation shall be maintained in the condition required by the
municipal or other public authorities having jurisdiction and by
Public Service.
7.6. APPLIANCE ADJUSTMENTS: Public Service will make, free of charge,
adjustments to gas burners and certain associated equipment necessary
to the functioning of gas appliances in use on customer's premises.
Other adjustments or repairs to such appliances may be made, or other
services connected with the rendering of gas service may be
performed, by Public Service at the customer's expense. Service
procedures are detailed in "Servicing Equipment and Facilities on
Customers' Premises," issued by Public Service and available on
request.
7.7. ADEQUACY AND SAFETY OF INSTALLATION: Public Service shall not be
required to supply gas service until the customer's installation shall
have been approved by the authorities having jurisdiction. Public
Service may withhold or discontinue its service whenever such
installation or part thereof is deemed by Public Service to be unsafe,
inadequate, or unsuitable for receiving service, or to interfere with
or impair the continuity or quality of service to the customer or to
others.
Public Service will assume no responsibility for the condition of
customer's gas installation or for accidents, fires, or failures which
may occur as the result of the condition of such gas installation.
Neither by inspection or nonrejection, nor in any other way, does
Public Service give any warranty expressed or implied, as to the
adequacy, safety, or other characteristics of any structure,
equipment, wires, pipes, appliances, or devices used by the customer.
7.8. LIABILITY FOR CUSTOMER'S INSTALLATION: Public Service will not be
liable for damages or for injuries sustained by customers or others or
by the equipment of customers or others by reason of the condition or
character of customers' facilities or the equipment of others on
customers' premises. Public Service will not be liable for the use,
care or handling of the gas service delivered to the customer after
same passes beyond the point at which the service facilities of Public
Service connect to the customers' facilities.
8. METER READING AND BILLING
8.1. MEASUREMENT OF GAS USED: Public Service will select the type and make
of metering equipment and may, from time to time, change or alter such
equipment: its sole obligation is to supply meters that will
accurately and adequately furnish records for billing purposes.
Date of Issue: February 20, 1987 Effective: February 16, 1987
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated February 13, 1987
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FORTH REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. XX. 00 GAS THIRD REVISED SHEET NO. 13
STANDARD TERMS AND CONDITIONS
(Continued)
Where service through more than one meter is permitted by Public Service as
outlined under Section 6.1 of these Standard Terms and Conditions, the
cubic-foot use registered by the individual meters will be combined for
billing purposes. In all other instances, each meter shall be billed
separately.
Bills will be based upon registration of Public Service meters except as
otherwise provided for in this Tariff.
8.2. CORRECTION FOR PRESSURE: In any case where, pursuant to Section 4.3, Public
Service measures the gas delivered to a customer under pressure greater
than that exerted by a column of water seven inches in height, the cubic
feet of gas registered by the meter or meters of Public Service shall be
subject to correction for billing purposes by the application of a proper
correction factor.
8.3. SEPARATE BILLING FOR EACH INSTALLATION: The gas service used by a customer
through each service connection shall be billed separately at the
applicable rate schedule selected by the customer. See Sections 5.1 and 6.1
of these Standard Terms and Conditions.
8.4. METERING ON CUSTOMER'S PREMISES:
8.4.1. GENERAL: The service and supply of gas by Public Service for the use
of owners, landlords, tenants, or occupants of residential buildings
or premises will be furnished to them as customers of Public Service
through Public Service individual meters.
The service and supply of gas by Public Service to owners, landlords,
tenants, or occupants of industrial or commercial buildings or
premises may be further distributed to other users within such
structures and such use and resultant charges, including appropriate
administrative costs, apportioned to such users. However, such charges
shall not exceed the amount that Public Service would charge if the
tenant was served and billed directly by Public Service.
8.4.2. SUBMETERING: The practice in which the customer of record buys gas
from Public Service and resells it through some metering device at a
profit is not permitted.
8.4.3. CHECK METERING: Where a customer monitors or evaluates his own
consumption of gas or any portion thereof in an effort to promote and
stimulate conservation or for accountability by means of individual
meters, computers or otherwise, installed, operated, and maintained at
such customer's expense, such practice will be defined as check
metering.
Gas check meters are devices that measure the volume of gas being
delivered to particular locations in a system after measurement by a
Public Service owned meter. Gas check meters provide the customer-of-
record the means to apportion among the end users the cost of gas
service being supplied through the Public Service owned meter.
If the customer-of-record charges the tenant for the usage incurred by
the tenant, reasonable administrative expenses may be included, such
charges shall not exceed the amount Public Service would have charged
such tenant if the tenant had been served and billed by Public Service
directly.
Check metering will be permitted in new or existing buildings or
premises where the basic characteristic of use is industrial or
commercial. Check metering will not be permitted in new or existing
buildings or premises where the basic characteristic of use is
residential, except where such buildings or premises are publicly
financed or government owned; or are condominiums or cooperative
housing: or are eleemosynary in nature. In the case of dwelling units,
all gas consuming devices must be metered through a single check
meter.
Check metering for the aforementioned purposes and applications shall
not adversely affect the ability of Public Service to render service
to any customer within the affected building or premises or any other
customer. The customer shall contact Public Service prior to the
installation of any check metering device to ascertain that it will
not cause operating problems. The owners of all check metering devices
is that of the customer, along with all incidents in connection with
said ownership, including accuracy of the equipment, meter reading and
billing, liability arising from the presence of the equipment and the
maintenance and repair of the equipment. Any additional costs which
may result from and are attributable to the installation of check
metering devices shall be borne by the customer.
Date of issue: October 3, 1989 Effective: September 25, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President-Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated
in Docket NO. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY SECOND REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. XX. 00 GAS FIRST REVISED SHEET NO. 14
STANDARD TERMS AND CONDITIONS
(Continued)
The customer shall be responsible for the accuracy of check metering
equipment. In the event of a dispute involving such accuracy, the Public
Service meter will be presumed correct, subject to test results.
8.5. TESTING OF METERS: At such times as Public Service may deem proper, or
as the Board of Public Utilities may require, Public Service will test
its meters in accordance with the standards and bases prescribed by the
Board of Public Utilities.
Public Service shall, without charge, make a test of the accuracy of a
meter(s) upon request of the customer, provided such customer does not
make a request for test more frequently than once in 12 months.
A report giving results of such tests shall be made to the customer, and
a complete record of such tests shall be kept on file at the office of
Public Service in conformance with the New Jersey Administrative Code.
8.6. BILLING ADJUSTMENTS: Whenever a meter is found to be registering fast by
2% or more, an adjustment of charges shall be made. When a meter is found
to be registering slow by more than 2%, an adjustment of charges may be
made, except for residential accounts, where no adjustment will be made.
8.7. METER READING AND BILLING PERIOD: All charges are stated on a monthly
basis. The term "month" for billing purposes shall mean the period
between any two consecutive regularly scheduled meter readings. Meter
reading schedules provide for reading meters, in accordance with their
geographic location, as nearly as may be practicable every thirty days.
Schedules are prepared in advance by Public Service and are available for
inspection.
Bi-monthly billing in place on February 6, 1987 will be completely phased
out by September 1987, at which time all residential rates will be billed
on a monthly basis.
8.8. PRORATION OF MONTHLY CHARGES: For all xxxxxxxx for service, including
initial bills, final bills, and bills for periods other than twenty-five
to thirty-six days inclusive, except for temporary service accounts and
Rate Schedules ISG, CIG, TSG-F and TSG-NF, the monthly charges will be
prorated on the basis of one-thirtieth for each day of service, each
month being considered as thirty days when determining the number of days
on which prorating is based. For temporary service accounts the minimum
period for billing purposes shall be one month.
8.9. AVERAGED BILLS: Where Public Service is unable to read the meter, Public
Service may estimate the amount of gas supplied and submit an averaged
xxxx, so marked, for customer's acceptance. Adjustment of such customer's
averaged use to actual use will be made after an actual meter reading is
obtained.
8.10. BUDGET PLAN: Customers billed under Rate Schedules RSG and GSG where gas
service is used for residential purposes in buildings of four or fewer
units, shall have the option of paying for their use of total service in
equal, estimated monthly installments. The total service for a twelve
month period will be averaged over twelve months and may be paid in
twelve equal monthly installments. Adjustments will be made in the
twelfth month if actual charges are more or less than the budget amount
billed.
8.11. BILLING OF CHARGES IN TARIFF: Unless otherwise ordered by the Board of
Public Utilities, the charges and the classification of service set forth
in this Tariff or in amendments hereof shall apply to the first month's
billing of service in the regular course on and after the effective date
set forth in such Tariff covering the use of gas service subsequent to
the scheduled meter reading for the immediately preceding month.
8.12. PAYMENT OF BILLS: At least 10 days time for payment shall be allowed
after sending a xxxx. Bills are payable at any Customer Service Center of
Public Service, or by mail, or to any collector or collection agency duly
authorized by Public Service. Whenever a residential customer advises
Public Service prior to the date of a proposed discontinuance for non-
payment that he wishes to discuss a deferred payment agreement because he
is presently unable to pay a total outstanding xxxx, Public Service will
make a good-faith effort to allow a residential customer the opportunity
to enter into a
Date of Issue: October 3, 1989 Effective: September 25, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY SECOND REVISED SHEET NO. 15
SUPERSEDING
P.U.C.N.J. NO.10 GAS FIRST REVISED SHEET NO. 15
STANDARD TERMS AND CONDITIONS
(Continued)
reasonable deferred payment agreement, either prior to or after the
occurrence of discontinuance of service for non-payment. A residential
electric or gas customer is not required to pay, as a down payment,
more than 25% of the total outstanding xxxx due at the time of the
agreement. Such agreements which extend more than 2 months must be in
writing and shall provide that a customer who is presently unable to
pay an outstanding debt for Public Service services may make
reasonable periodic payments until the debt is liquidated, while
continuing payment for current bills. While a deferred payment
agreement for each separate service need not be entered into more than
once a year, Public Service may offer more than one such agreement in
a year. If the customer defaults on any of the terms of the agreement,
Public Service may discontinue service after providing the customer
with a notice of discontinuance.
In the case of a residential customer who receives more than one
utility service from Public Service and has entered into a separate
agreement for each separate service, default on one such agreement
shall constitute grounds for discontinuance of only that service.
8.13. LATE PAYMENT CHARGE: A late payment charge at the rate of 1.416% per
monthly billing period shall be applied to the accounts of customers
taking service under all rate schedules contained herein except for
Rate Schedules RSG and SLG. Service to a body politic will not be
subject to a late payment charge. The charge will be applied to all
amounts billed including accounts payable and unpaid finance charge
amounts applied to previous bills, which are not received by Public
Service within 45 days following the date specified on the xxxx. The
amount of the finance charge to be added to the unpaid balance shall
be calculated by multiplying the unpaid balance by the late payment
charge rate. When payment is received by the Company from a customer
who has an unpaid balance which includes charges for late payment, the
payment shall be applied first to such charges and then to the
remainder of the unpaid balance.
8.14. RETURNED CHECK CHARGE: A $10.00 charge shall be applied to the
accounts of customers who have checks to Public Service returned
unhonored by the bank.
9. LEAKAGE
Customer shall immediately give notice to Public Service at its office of
any escape of gas in or about the customer's premises.
10. ACCESS TO CUSTOMER'S PREMISES
Public Service shall have the right of reasonable access to customer's
premises, and to all property furnished by Public Service, at all
reasonable times for the purpose of inspection of customer's premises
incident to the rendering of service, reading meters or inspecting,
testing, or repairing its facilities used in connection with supplying the
service, or for the removal of its property. The customer shall obtain, or
cause to be obtained, all permits needed by Public Service for access to
its facilities. Access to facilities of Public Service shall not be given
except to authorized employees of Public Service or duly authorized
governmental officials.
11. DISCONTINUANCE OF SERVICE
11.1. BY PUBLIC SERVICE: Public Service, upon reasonable notice, when it can
be reasonably given, may suspend or curtail or discontinue service for
the following reasons: (1) for the purpose of making permanent or
temporary repairs, changes or improvements in any part of its system;
(2) for compliance in good faith with any governmental order or
directive notwithstanding such order or directive subsequently may be
held to be invalid; (3) for any of the following acts or omissions on
the part of the customer: (a) non-payment of a valid xxxx due for
service furnished at a present or previous location. However, for
business service shall not be a reason for discontinuance residence
service except in cases of diversion of service pursuant to N.J.A.C.
14:3-7.16; (b) tampering with any facility of Public Service; (c)
fraudulent representation in relation to the use of service; (d)
customer moving from the premises, unless the customer requests that
service be continued; (e) providing service to others without approval
of Public Service except as permitted under Section 8.4 Metering on
Customer's Premises; (f) failure to make or increase an advance
Date of Issue: October 3, 1989 Effective : September 25, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President-Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY SECOND REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. XX. 00 GAS FIRST REVISED SHEET NO. 16
STANDARD TERMS AND CONDITIONS
(Continued)
payment or deposit as provided for in these Standard Terms and Conditions;
(g) refusal to contract for service where such contract is required; (h)
connecting and operating equipment in such manner as to produce disturbing
effects on the service of Public Service or other customers; (i) failure of
the customer to comply with any of these Standard Terms and Conditions; (j)
where the condition of the customer's installation presents a hazard to
life or property; or (k) failure of customer to repair any faulty facility
of the customer; (4) for the refusal of reasonable access to customer's
premises for necessary purposes in connection with rendering of service,
including meter installation, reading or testing, or the maintenance or
removal of the property of Public Service.
Public Service may not discontinue service for non-payment of bills unless
it gives the customer at least 7 days written notice of its intentions to
discontinue. The notice of discontinuance shall not be served until the
expiration of the 10-day period. However, in case of fraud, illegal use, or
when it is clearly indicated that the customer is preparing to leave,
immediate payment of accounts may be required.
Public Service may not discontinue service because of non-payment of bills
in cases where a charge is in dispute, provided that the undisputed charges
are paid and a request is made to the Board for investigation of the
disputed charge. In such cases, Public Service shall notify the customer
that unless steps are taken to invoke formal or informal Board action
within 5 days, service will be discontinued for non-payment.
Public Service may not discontinue residential service on Saturday, Sunday
or a holiday on which Public Service Customer Service Centers are closed or
after 1:00 P.M, of the business day prior to a week-end or such holiday for
non-payment.
Discontinuance of residential service for non-payment is prohibited if a
medical emergency exists within the premises which would be aggravated by
the discontinuance of service and the customer gives reasonable proof of
inability to pay. Discontinuance shall be prohibited for a period of up to
2 months when a customer submits a physician's statement in writing to
Public Service as to the existence of the emergency, its nature and
probable duration, and that termination of service will aggravate the
medical emergency. Recertification by the physician as to continuance of
the medical emergency shall be submitted to Public Service after 30 days.
However, at the end of such period of emergency, the customer shall still
remain liable for payment of service(s) rendered, subject to the provisions
of N.J.A.C. 14:3-7.13.
1. The Board may extend the 60-day period for good cause.
2. Public Service may in its discretion, delay discontinuance of
residential service for non-payment prior to submission of the
physician's statement required by this subsection when a medical
emergency is known to exist.
Public Service shall make every reasonable effort to determine when a
landlord-tenant relationship exists at residential premises being served.
If such a relationship is known to exist, service will be shut off unless
Public Service has posted a notice of discontinuance in common areas of
multiple-family premises and has given individual notice to occupants of a
single-family and two-family premises and has offered the tenants continued
service to be billed to the tenants, unless Public Service demonstrates
that such billing is not feasible. The continuation of service to a tenant
shall not be conditioned upon payment by the tenant of any outstanding
bills due upon the account or any other person. Public Service shall not be
held to the requirements of this Tariff section if the existence of a
landlord-tenant relationship could not be reasonably ascertained.
00.0.Xx Customer's Request: A customer wishing to discontinue service must give
notice as provided in the applicable rate schedule. Where such notice is
not received by Public Service, customer shall be liable for service until
final reading of the meter is taken. Notice to discontinue service will not
relieve a customer from any minimum or guaranteed payment under any
contract or rate schedule.
12.RECONNECTION CHARGE
A reconnection charge of $15.00 will be made for restoration of service when
service has been suspended or discontinued for non-payment of any xxxx due.
Date of Issue: October 3, 1989 Effective: September 25, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President-Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of the Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIRST REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. Xx. 00 GAS ORIGINAL SHEET NO. 17
STANDARD TERMS AND CONDITIONS
(Continued)
13. SERVICE LIMITATIONS
13.1. CONTINUITY OF SERVICE: Public Service will use reasonable diligence
to provide a regular and uninterrupted supply of service; but, should
the supply be suspended, curtailed, or discontinued by Public Service
for any of the reasons set forth in Section 11 of these Standard Terms
and Conditions, or should the supply of service be interrupted,
curtailed, deficient, defective, or fail, by reason of any act of God,
accident, strike, legal process, governmental interference, or by
reason of compliance in good faith with any governmental order of
directive, notwithstanding such order or directive subsequently may be
held to be invalid, Public Service shall not be liable for any loss or
damage, direct or consequential, resulting from any such suspension,
discontinuance, interruption, curtailment, deficiency, defect, or
failure.
13.2. EMERGENCIES: Public Service may curtail or interrupt service to any
customer or customers in the event of an emergency threatening the
integrity of its system or the systems to which it is directly or
indirectly connected if, in its sole judgment, such action will
prevent or alleviate the emergency condition.
13.3. UNUSUAL CONDITIONS: Public Service may place limitations on the
amount and character of gas service it will supply or transport and
may refuse such service to new customers, to existing customers for
additional load, or to customers whose service agreements have expired
if Public Service is or will be unable to obtain or does not have
assured the necessary production raw materials equipment and
facilities to supply such gas or transportation service. In the case
of transportation service, if Public Service, at its sole discretion,
determines that such service would not be consistent with the best
interest of its customers served under all rate schedules contained
herein such service may be denied to applicants for such service.
14. TERMINATION, CHANGE, OR MODIFICATION OF PROVISIONS OF TARIFF
This Tariff is subject to the lawful orders of the Board of Public
Utilities of the State of New Jersey.
Public Service may at any time and in any manner permitted by law, and the
applicable rules and regulations of the Board of Public Utilities of the
State of New Jersey, terminate, or change or modify by revision, amendment,
supplement, or otherwise, this Tariff or any part hereof, or any revision
or amendment hereof or supplement hereto.
Date of Issue: October 3, 1989 Effective: September 25, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIRST REVISED SHEET No.18
SUPERSEDING
P.U.C.N.J. No.10 GAS ORIGINAL SHEET No.18
RESERVED FOR FUTURE USE
Date of Issue: October 3, 1989 Effective: September 25, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FOURTH REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. XX. 00 GAS THIRD REVISED SHEET NO. 19
RAW MATERIALS ADJUSTMENT
Average cost per million Btu of gas sent out during the
ten months ended September 30, 1990 ......................... 303.074 cents
Base cost per million Btu ........................................ 330.000 cents
Increase above or (decrease) below base cost ..................... (26.926)cents
Number of 0.1 cents increases above or (below) base cost ......... (269.26)
RATE SCHEDULES
RSG, GSG, AND LVG
Adjustment factor per therm for each 0.1 cent
increase above or decrease below base cost ................. 0.01207 cents
Amount per therm of Raw Materials Adjustment charge ............. (3.2500) cents
Date of Issue: December 27, 1989 Effective: December 6, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GR89060622
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIFTH REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. Xx. 00 GAS FOURTH REVISED SHEET NO. 19
LEVELIZED GAS ADJUSTMENT
Average cost per million Btu of gas sent out during the
twelve months ended September 30, 1991 ...................... 321.715 cents
Base cost per million Btu ........................................ 330.000 cents
Increase above or (decrease) below base cost ..................... (8.285)cents
Number of 0.1 cents increases above or (below) base cost ......... (82.85)
RATE SCHEDULES
RSG, GSG, AND LVG
Adjustment factor per therm for each 0.1 cents
increase above or decrease below base cost ................. 0.01207 cents
Amount per therm of Levelized Gas Adjustment charge ............. (1.0000) cents
Date of Issue: November 5, 1990 Effective: November 1, 1990
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1990
in Docket No. GR90070649J
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIFTY-FOURTH REVISED SHEET XX. 00X
XXXXXXXXXXX
X.X.X.X.X. XX. 00 GAS FIFTY-THIRD REVISED SHEET NO. 19A
COMMODITY CHARGE
APPLICABLE TO INTERRUPTIBLE SCHEDULE ISG
COMMODITY CHARGE:
Per therm of gas used for customers with alternate fuel oil capability of:
No. 2 oil.................................................. 46.5700 cents
=======
No. 4 oil.................................................. 38.6300 cents
=======
No. 6 oil.................................................. 30.8800 cents
=======
Higher than 1.5% Sulfur No. 6 oil.......................... 26.1700 cents
=======
(Based upon the Marketability Price of Alternate Fuel; price
not to fall below the floor price.)
ISG FLOOR PRICE:
Estimated Average Commodity cost per therm of gas received
in the month of April 1991.................................. 18.1100 cents
ADJUSTED FOR:
. Losses at 1.5 percent................................ 18.3858 cents
. A contribution of 1 cent............................. 19.3858 cents
. GRI Surcharge at .142 cents.......................... 19.5278 cents
. Gross Receipts taxes at 13.7496 percent and BPU
assessment at .1650 percent.......................... 22.6842 cents
=======
MARKETABILITY PRICE OF ALTERNATE FUEL:
No. 2 oil................................................... 46.5700 cents
=======
No. 4 oil................................................... 38.6300 cents
=======
0.3% Sulfur No. 6 oil....................................... 30.8800 cents
=======
Higher than 1.5% Sulfur No. 6 oil........................... 26.1700 cents
=======
TSG FLOOR PRICE:
For those TSG customers provided sales service, the Commodity Charge, by
alternate fuel type, will be the higher of the applicable ISG price or the
TSG Floor Price.
Estimated Incremental Commodity cost per therm of gas received in the
month of April 1991......................................... 14.1800 cents
ADJUSTED FOR:
. Losses at 1.5 percent................................ 14.3959 cents
. A contribution of 3 to 7 cents....................... 21.3959 cents
. GRI Surcharge ar .142 cents.......................... 21.5379 cents
. Gross Receipts taxes at 13.7496 percent and BPU
assessment at .1650 percent.......................... 25.0192 cents
=======
Date of Issue: March 25,1991 Effective: April 1, 1991
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated March 1, 1991
in Docket No. GR90080867
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIFTY-FOURTH REVISED SHEET NO. 19C
SUPERSEDING
P.U.C.N.J. No.10 GAS FIFTY-THIRD REVISED SHEET NO. 19C
COMMODITY CHARGE
APPLICABLE TO COGENERATION INTERRUPTIBLE SCHEDULE CIG
Special
Provision
All Other (r)
--------- ---------
COMMODITY CHARGE:
Per therm of gas used ............................. 21.5278* 19.5278*
Estimated Average Commodity cost per therm of
gas received in the month of April 1991 ........... 18.1100* 18.1100*
ADJUSTED FOR:
. Losses at 1.5 percent .......................... 18.3858* ---
. A contribution of 3 cents ...................... 21.3858* ---
. GRI Surcharge at .142 cents .................... 21.5278* ---
ADJUSTED FOR:
. Losses at 1.5 percent .......................... --- 18.3858*
. A Contribution of 1 cent ....................... --- 19.3858*
. GRI Surcharge at .142 cents .................... --- 19.5278*
Date of Issue: March 25, 1991 Effective: April 1, 1991
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated December 6, 1989
in Docket No. GR89060622
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIFTH REVISED SHEET NO.20
SUPERSEDING
P.U.C.N.J. NO. 10 GAS FOURTH REVISED SHEET NO.20
RATE SCHEDULE RSG
RESIDENTIAL SERVICE
APPLICABLE TO USE OF SERVICE FOR:
Residential purposes.
CHARACTER OF SERVICE:
Continuous.
RATE:
SERVICE CHARGE:
$6.00 in each month.
COMMODITY CHARGE:
59.311 cents per therm.
LEVELIZED GAS ADJUSTMENT:
A charge or credit will be made when the estimated October through
September twelve-month net average cost to Public Service of gas purchased
and produced is 0.1 cents per million Btu of gas sent out above or below
330.0 cents per million Btu of gas sent out. Immediately prior to October
of each year, the estimated average cost will be determined for the
succeeding twelve-month period. This estimated average cost will be
adjusted for any under - or over-recovery together with applicable interest
thereon, which may have occurred during the operation of the Company's
previously approved clause. Interest shall be determined monthly on the
cumulative under - or over-recovery average balance for the month utilizing
the Company's allowed overall rate of return. The net charge or net credit
will be the adjusted differential cost above or below 330.0 cents per
million Btu of gas sent out multiplied by 0.01207 cents per therm per 0.1
cents variation to reflect applicable losses, and taxes related to revenue
from the sales of gas. Any net charge or net credit will apply to all
therms billed each month of the succeeding twelve-month net charge or net
credit will apply to all therms billed each month of the succeeding twelve-
month period. In the event that a major change in the average cost occurs
during the twelve-month period, a revised estimated average cost will be
calculated and applied for the remainder of the period in accordance with
the above.
OTHER CHARGES:
See SPECIAL PROVISIONS (b) Off-Peak Use.
MINIMUM CHARGE:
The monthly minimum charge shall be $6.00.
DETERMINATION OF THERMS:
The number of therms used shall be determined by multiplying the number of
hundred cubic feet used by the "therms multiplier" expressed in therms per
hundred cubic feet which appears on every xxxx.
TERMS OF PAYMENT:
Bills are due on presentation.
TERM:
Customer may discontinue service upon notice.
Date of Issue: December 14, 1990 Effective: January 1, 1991
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President-- Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated August 29, 1990
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET NO. 21
RATE SCHEDULE RSG
RESIDENTIAL SERVICE
(Continued)
SPECIAL PROVISIONS:
(a) This rate schedule is available when all continuous service is measured by
one meter:
(a-1) In individual residences and appurtenant outbuildings;
(a-2) In residential premises where customer's use of gas service for
purposes other than residential is incidental to his residential use:
(a-3) For rooming or boarding houses where the number of rented rooms
does not exceed twice the number of bedrooms occupied by the customer;
(a-4) In individual flats or apartments in multiple-family buildings;
(a-5) In multiple-family buildings of two or more individual flats or
apartments where gas service is furnished to the tenants or occupants
of the flats or apartments by the owner without a specific charge for
such service; and, where Special Provision (b) is applicable, the
basic factors stated therein shall be multiplied by the number of
individual flats or apartments, whether occupied or not.
(b) Off-Peak Use: Where gas service is used for central air-conditioning
equipment having a rated capacity of not less than two tons of
refrigeration the Commodity Charge for the therms used for purposes in
excess of 50 therms in any month during the Off-Peak period shall be 40.568
cents per therm.
The Off-Peak period shall commence and end with the regularly scheduled
meter readings in the months of April and October, respectively, but Public
Service may change such period depending upon load conditions on its
system.
STANDARD TERMS AND CONDITIONS:
This rate schedule is subject to the Standard Terms and Conditions on
Sheets Nos. 6 to 18, inclusive of this Tariff.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIFTH REVISED SHEET NO.22
SUPERSEDING
P.U.C.N.J. NO.10 GAS FOURTH REVISED SHEET NO.22
RATE SCHEDULE GSG
GENERAL SERVICE
APPLICABLE TO USE OF SERVICE FOR:
General purposes.
CHARACTER OF SERVICE:
Continuous.
RATE:
SERVICE CHARGE:
$6.00 in each month.
COMMODITY CHARGE:
62.296 cents per therm.
LEVELIZED GAS ADJUSTMENT:
A charge or credit will be made when the estimated October through
September twelve-month net average cost to Public Service of gas purchased
and produced is 0.1 cents per million Btu of gas sent out above or below
330.0 cents per million Btu of gas sent out. Immediately prior to October
of each year, the estimated average cost will be determined for the
succeeding twelve-month period. This estimated average cost will be
adjusted for any under- or over-recovery together with applicable interest
thereon, which may have occurred during the operation of the Company's
previously approved clause. Interest shall be determined monthly on the
cumulative under- or over-recovery average balance for the month utilizing
the Company's allowed overall rate of return. The net charge or net credit
will be the adjusted differential cost above or below 330.0 cents per
million Btu of gas sent out multiplied by 0.01207 cents per therm per 0.1
cents variation to reflect applicable losses, and taxes related to revenue
from the sales of gas. Any net charge or net credit will apply to all
therms billed each month of the succeeding twelve-month period. In the
event that a major change in the average cost occurs during the twelve-
month period, a revised estimated average cost will be calculated and
applied for the remainder of the period in accordance with the above.
OTHER CHARGES:
See Special Provisions (a) Off-Peak Use and (c) Cogeneration Use.
MINIMUM CHARGE:
The monthly minimum charge shall be $6.00.
DETERMINATION OF THERMS:
The number of therms used shall be determined by multiplying the number of
hundred cubic feet used by the "therms multiplier" expressed in therms per
hundred cubic feet which appears on every xxxx.
TERMS OF PAYMENT:
Bills are due on presentation subject to a late payment charge at the rate
of 1.416% per monthly billing period in accordance with Section 8.13 of
the Standard Terms and Conditions. Service to a body politic will not be
subject to a late payment charge.
TERM:
One year and thereafter until terminated by five days' notice.
Date of Issue: December 14, 1990 Effective: January 1, 1991
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated August 29, 1990
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET NO. 22A
RATE SCHEDULE GSG
GENERAL SERVICE
(Continued)
SPECIAL PROVISIONS:
(a) OFF-PEAK USE: Where gas service in commercial and industrial
establishments is used for cooling for dehumidification and supplied
through a separate meter, the Commodity Charge for the therm used in the
Off-Peak period shall be 40.568 cents per therm.
The Off-Peak period shall commence and end with the regularly scheduled
meter readings in the months of April and October, respectively, but Public
Service may change such period depending upon load conditions on its
system.
(b) RESALE: Service under this rate schedule is not available for resale.
(c) COGENERATION USE: Applicable to separately metered service for the
sequential production of electrical energy and useful thermal energy from
the same fuel source by a Qualifying Facility, as defined in Section 201 of
the Public Utilities Regulatory Policies Act of 1978 whose cogeneration
equipment meets the efficiency standards set forth in Chapter 18 of the
Code of Federal Regulations, Sections 292.205 (a) and (b). Customer must
document that qualifying status has been granted by the Federal Energy
Regulatory Commission.
Service to a qualifying cogeneration facility as set forth above is exempt
from Gross Receipts and Franchise taxes.
STANDARD TERMS AND CONDITIONS:
This rate schedule is subject to the Standard Terms and Conditions on
Sheets Nos. 6 to 18, inclusive of this Tariff.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIFTH REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. Xx. 00 GAS FOURTH REVISED SHEET NO. 23
RATE SCHEDULE LVG
LARGE VOLUME SERVICE
APPLICABLE TO USE OF SERVICE FOR:
General purposes.
CHARACTER OF SERVICE:
Continuous.
RATE:
SERVICE CHARGE:
$50.00 in each month.
COMMODITY CHARGE FOR THE FIRST 1,000 THERMS:
57.896 cents per therm for the first................1,000 therms used in
each month
COMMODITY CHARGE IN EXCESS OF 1,000 THERMS IN THE MONTHS OF MAY THROUGH
OCTOBER:
50.568 cents per therm for the next...................4,000 therms used in
each month
45.568 cents per therm in excess of...................5,000 therms used in
each month
COMMODITY CHARGE IN EXCESS OF 1,000 THERMS IN THE MONTHS OF NOVEMBER
THROUGH APRIL:
54.935 cents per therm in excess of.....................1,000 therms used
in each month
LEVELIZED GAS ADJUSTMENT:
A charge or credit will be made when the estimated October through
September twelve-month net average cost to Public Service of gas purchased
and produced is 0.1 cents per million Btu of gas sent out above or below
330.0 cents per million Btu of gas sent out. Immediately prior to October
of each year, the estimated average cost will be determined for the
succeeding twelve-month period. This estimated average cost will be
adjusted for any under-or over-recovery together with applicable interest
thereon, which may have occurred during the operation of the Company's
previously approved clause. Interest shall be determined monthly on the
cumulative under-or over-recovery average balance for the month utilizing
the Company's allowed overall rate of return. The net charge or net credit
will be the adjusted differential cost above or below 330.0 cents per
million Btu of gas sent out multiplied by 0.01207 cents per therm per 0.1
cents variation to reflect applicable losses, and taxes related to revenue
from the sales of gas. Any net charge or net credit will apply to all
therms billed each month of the succeeding twelve-month period. In the
event that a major change in the average cost occurs during the twelve-
month period, a revised estimated average cost will be calculated and
applied for the remainder of the period in accordance with the above.
OTHER CHARGES:
See Special Provisions (a) Off-Peak Use and (c) Cogeneration Use.
MINIMUM CHARGE:
The monthly minimum charge shall be $50.00.
DETERMINATION OF THERMS:
The number of therms used shall be determined by multiplying the number of
hundred cubic feet used by the "therms multiplier" expressed in therms per
hundred cubic feet which appears on every xxxx.
Date of Issue: December 14, 1990 Effective: January 1, 1991
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated August 29, 1990
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET NO. 23A
RATE SCHEDULE LVG
LARGE VOLUME SERVICE
(Continued)
TERMS OF PAYMENT:
Bills are due on presentation subject to a late payment charge at the rate
of 1.416% per monthly billing period in accordance with Section 8.13 of the
Standard Terms and Conditions. Service to a body politic will not be
subject to a late payment charge.
TERM:
One year and thereafter until terminated by five days' notice.
SPECIAL PROVISIONS:
(a) OFF-PEAK USE: Where separately metered gas service (1) is used for building
cooling or dehumidification or (2) is to boilers, used in whole or in part
to supply the requirements of absorption air-conditioning equipment of 100
tons or more nominal capacity, the rate during the off-peak period shall be
40.568 cents per therm. However, such off-peak rate shall not be applicable
until the first 500 therms have been billed at the first block of the
Commodity Charge.
The Off-Peak period shall commence and end with the regularly scheduled
meter readings in the months of April and October, respectively, but Public
Service may change such period depending upon load conditions on its
system.
(b) RESALE: Service under this rate schedule is not available for resale.
(c) COGENERATION USE: Applicable to separately metered service for the
sequential production of electrical energy and useful thermal energy from
the same fuel source by a Qualifying Facility, as defined in Section 201 of
the Public Utilities Regulatory Policies Act of 1978 whose cogeneration
equipment meets the efficiency standards set forth in Chapter 18 of the
Code of Federal Regulations, Sections 292.205 (a) and (b). Customer must
document that qualifying status has been granted by the Federal Energy
Regulatory Commission.
Service to a qualifying cogeneration facility as set forth above is exempt
from Gross Receipts and Franchise taxes.
STANDARD TERMS AND CONDITIONS:
This rate schedule is subject to the Standard Terms and Conditions on
Sheets Nos. 6 to 18, inclusive of this Tariff.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FOURTH REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. Xx. 00 GAS THIRD REVISED SHEET NO. 24
RATE SCHEDULE SLG
STREET LIGHTING SERVICE
This rate schedule is in the process of elimination and is limited to street
lighting installations served hereunder in the month of April 1980, and only for
the specific premises and class of service served hereunder on such date.
APPLICABLE TO USE OF SERVICE FOR:
Street lighting to a body politic.
CHARACTER OF SERVICE:
Limited period from dusk to xxxx.
RATE:
MONTHLY CHARGE PER UNIT:
Single-mantle lamps.......$11.50
Double-mantle lamps.......$12.97
Triple-mantle lamps....... 18.51 on posts installed prior to October 30,
1963
Triple-mantle lamps....... 21.43 on posts installed on and after October
30, 1963
ALLOWANCE FOR LAMP OUTAGES:
The Monthly Charge Per Unit reflects an outage allowance based on normal
and abnormal operating conditions. No further allowance will be made.
MINIMUM CHARGE:
None.
TERMS OF PAYMENT:
Bills are due on presentation.
TERM:
Five years; written contract required.
STANDARD TERMS AND CONDITIONS:
This rate schedule is subject to the Standard Terms and Conditions on
Sheets Nos. 6 to 18, inclusive, of this Tariff.
Date of Issue: December 14, 1990 Effective: January 1, 1991
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated August 29, 1990
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET No. 24
ORIGINAL SHEET No. 24
THIS SHEET PURPOSELY LEFT BLANK
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY THIRD REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. XX. 00 GAS SECOND REVISED SHEET NO. 27
RATE SCHEDULE ISG
INTERRUPTIBLE SERVICE
APPLICABLE TO USE OF SERVICE FOR:
General purposes where the maximum requirement for interruptible gas is not
less than 150 therms per hour.
CHARACTER OF SERVICE:
Interruptible.
RATE:
SERVICE CHARGE:
$100.00 in each month.
COMMODITY CHARGE:
The monthly rate per therm of gas used will be set equal to the estimated
price of the customer's alternate fuel capability. The prices for Xx. 0,
Xx. 0, 0.3 percent No. 6 oil and higher than 1.5 percent sulphur No. 6
oil alternate fuel capability categories will be based on the current
marketability of this gas with respect to alternate fuel sources available
to Rate Schedule ISG customers. These prices shall be considered to include
the effect of losses and taxes related to revenues from the sales of this
gas. These prices will be utilized if they are above the floor price
defined as follows: the floor prices is the average commodity cost of gas
received by Public Service adjusted to include: (a) the effect of losses
estimated to be 1.5 percent, (b) a fixed minimum contribution of 1 cent,
(c) GRI surcharge, (d) taxes related to revenue from the sales of gas, and
(e) BPU assessment.
The applicable rate per therm for each alternate fuel oil shall be the
applicable oil price, except that such rate shall not fall below the floor
price.
All recoveries resulting from the sales of gas under this rate schedule
which exceed the cost of supplying such gas will be used to reduce the
monthly cost of gas supplied to firm customers.
OTHER CHARGES:
See Special Provisions (b), (g) and (o).
MINIMUM CHARGE:
The monthly minimum charge shall be $100.00.
DETERMINATION OF THERMS:
The number of therms used shall be determined by multiplying the number of
hundred cubic feet used by the "therms multiplier" expressed in therms per
hundred cubic feet which appears on every xxxx.
The "therms multiplier" shall be on the basis of the actual heating value
of the gas used.
TERMS OF PAYMENT:
Bills are due on presentation subject to a late payment charge at the rate
of 1.416% per monthly billing period in accordance with Section 8.13 of
the Standard Terms and Conditions. Service to a body politic will not be
subject to a late payment charge.
Date of Issue: February 25, 1991 Effective: March 1, 1991
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated March 1, 1991
in Docket No. GR90080867
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. NO. 10 GAS ORIGINAL SHEET NO. 28
RATE SCHEDULE ISG
INTERRUPTIBLE SERVICE
(Continued)
TERM:
One year from the commencement date specified in the Application for
Interruptible Gas Service required by Special Provision (a). The term may
be extended by agreement between customer and Public Service.
SPECIAL PROVISIONS:
Interruptible service will be furnished, when and where available, under
the following conditions:
(a) Customer will be required to sign an Application for interruptible Gas
Service and service will be restricted to the maximum annual and
hourly requirements, and the location and equipment specified.
Attached to the Application for Interruptible Gas Service will be a
signed affidavit certifying the specific grade of fuel oil (or oils)
that can physically and legally be utilized by the installation being
served. The affidavit shall include the percentage of operation which
can physically and legally be served by each alternate fuel. The
customer will submit, within 30 days of change in operations, a new
affidavit to Public Service when such a change effects its alternate
fuel capability, Public Service reserves the right to inspect the
customer's operation as to alternate fuel capability. Upon request by
customer, Public Service may deliver available volumes of gas in
excess of the maximum hourly requirements for limited periods. Such
deliveries shall not be deemed to constitute a change in the
requirements specified in the application.
(b) No Service Charge shall apply to customers receiving service under
this Special Provision who were OPG customers before October 31, 1986.
The monthly Minimum Charge hereinbefore stated shall apply to former
OPG customers in each of the months of May through November.
Service to former OPG customers during the months of January, February
and March will be available for pilots at a Commodity of 60.0 cents
per therm. If service is used during such months for any other
purpose, the Commodity Charge for such service shall be ten times the
applicable Commodity Charge for Rate Schedule ISG. However, Public
Service has no obligation to supply gas to former OPG customers during
the months of January, February and March except for pilots, and may
discontinue deliveries of gas to customer for other purposes. Special
Provisions (d), (e), and (g) are not applicable to former OPG
customers.
(c) Customer may be required to make a payment toward the investment in
facilities which Public Service installs to provide service under this
rate schedule when such investment exceeds an amount equal to 10% of
the estimated first year's revenue from such service. The payment
required will be a contribution equal to the excess amount, payable on
the date Public Service accepts the Application for Interruptible Gas
Service. The making of a payment shall not give the customer any
interest in the facilities, the ownership being vested exclusively in
Public Service.
(d) Customer has installed and maintains complete and adequate standby
equipment and fuel supply for operation with another fuel when the gas
supply is interrupted.
(e) Upon advance notice of eight hours or more, from any hour of any day
given to customer Public Service by telephone, telegram or otherwise,
customer shall discontinue the use of gas until further notice;
customer shall designate personnel who will accept such notification
at any hour of any day.
Date of issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J N0. 10 GAS ORIGINAL SHEET NO. 28A
RATE SCHEDULE ISG
INTERRUPTIBLE SERVICE
(Continued)
(f) The order of interruption shall be as follows: No. 6 oil customers and then
No. 4 oil and No. 2 oil customers.
(g) If customer does not discontinue the use of gas after notification
pursuant to Special Provision (e), the Commodity Charge shall be
60.0 cents per therm for an amount equal to one hour's maximum requirement.
Use of this amount shall be limited to a use rate per hour not greater than
5% of customer's maximum hourly requirement.
The charge for all additional gas used shall be ten times the applicable
Rate Schedule ISG Commodity Charge.
Except for pilots, however, Public Service has no obligation to supply gas
at any time following notice pursuant to Special Provision (e) and may
discontinue completely all other deliveries of gas to customer during the
period of interruption.
If a customer utilizes more than one type of alternate fuel, the rate per
therm to such customer shall be determined by taking a weighted average of
the prices determined above. Such weighting will be based upon the
alternate fuel percentage stated in customer's affidavit. Propane shall be
considered to be equivalent to No. 2 oil for purposes of setting the
appropriate rates under this Tariff.
(h) Metering shall include a recording device, furnished by Public Service.
Customer shall furnish an electrical supply for the operation of the
recording device and may be required to supply dedicated telephone line.
(i) Upon request by Public Service on any day, customer shall furnish an
estimate of the amount of gas to be taken under this rate schedule during
the next 24-hour period.
(j) Service supplied under this rate schedule shall be separately metered and
shall not be combined with use under any other rate schedule for billing
purposes.
(k) Service will not be supplied under this rate schedule and any other gas
rate schedule for the same process or operation at the same location.
(l) Public Service shall not be liable in any way for any failure in whole or
in part, temporary, or permanent, to deliver gas under this rate schedule.
(m) When customer is temporarily prevented from receiving service during any
month by reason of any act of God, accident, strike, or work stoppage,
legal process, governmental interference or compliance with any
governmental order, Public Service at its discretion may, upon customer's
written request, prorate the Minimum Charge to the number of full days
customer is able to receive service.
(n) Service under this rate schedule is not available for resale.
(o) Cogeneration use is applicable to separately metered service for the
sequential production of electrical energy and useful thermal energy from
the same fuel source by a Qualifying Facility as defined in Section 201 of
the Public Utilities Regulatory Policies Act of 1978 whose cogeneration
equipment meets the efficiency standards set forth in Chapter 18 of the
Code of Federal Regulations. Sections 292.205 (a) and (b). Customer must
document that qualifying status has been granted by the Federal Energy
Regulatory Commission.
Service to a qualifying cogeneration facility as set forth above is exempt
from Gross Receipts and Franchise taxes.
STANDARD TERMS AND CONDITIONS:
This rate schedule is subject to the Standard Terms and Conditions on
Sheets Nos. 6 to 18, inclusive of this Tariff, except Section 3. Extension
of Distribution Mains, Section 5.2. Service Connection Charges, Section
7.6. Appliance Adjustments and Section 8.8. Proration of Monthly Charges.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued By XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities dated October 31 1986
In Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET No. 29
ORIGINAL SHEET No. 30
ORIGINAL SHEET No. 31
ORIGINAL SHEET No. 32
THIS SHEET PURPOSELY LEFT BLANK
Date of Issue: November 14. 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET NO. 33
RATE SCHEDULE ISG-PP
INTERRUPTIBLE PARITY PRICING SERVICE
APPLICABLE TO USE OF SERVICE FOR:
Rate Schedule ISG service considered non-exempt from the incremental
pricing provisions of the Natural Gas Policy Act of 1978.
CHARACTER OF SERVICE:
Interruptible.
RATE:
COMMODITY CHARGE:
The rate per therm of gas used will be set equal to the monthly published
incremental ceiling price which, under Federal Incremental Pricing
Regulations would be applicable to the non-exempt usage each affected
interruptible customer. The rate determined above will be compared with the
floor price defined as equaling the applicable rate per therm of Rate
Schedule ISG.
In the event that any of the rates determined in accordance with this
Tariff are below this floor price, the floor price shall be used. All net
recoveries above the floor price as determined above which result from the
sales of gas under this rate schedule will be used to reduce the monthly
cost of gas supplied exempt and non-affected uses subject to the Levelized
Raw Materials Adjustment Clause.
Notification of changes in the price of this gas shall be filed with the
Board of Public Utilities no later than 2 working days subsequent to the
publication of Federally determined incremental ceiling prices. All other
terms, conditions and provisions of Rate Schedule ISG apply.
TERMINATION:
Parity pricing under this rate schedule shall terminate upon the effective
date of the implementation the Federal Energy Regulatory Commission of
regulations determining the alternate fuel price ceiling on a basis other
than High Sulfur No. 6 Fuel Oil or upon the effective date of
implementation by Federal Energy Regulatory Commission of regulations
modifying the application of incremental pricing under the authority of
Section 202 of the Natural Gas Policy Act of 1978, or immediately upon
termination of incremental pricing under the provisions of the Natural Gas
Policy Act of 1978, whichever occurs first. In the event of termination,
gas service provided under this rate schedule will be subject to and priced
in accordance with Rate Schedule ISG.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET No. 34
THIS SHEET PURPOSELY LEFT BLANK
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET NO. 35
RATE SCHEDULE FSG-PP
FIRM PARITY PRICING SERVICE
APPLICABLE TO USE OF SERVICE FOR:
Firm rate schedules service considered non-exempt from the incremental
pricing provisions of the Natural Gas Policy Act of 1978.
CHARACTER OF SERVICE:
Continuous.
RATE:
The following Commodity Charge will be imposed in lieu of the Commodity
Charges states in each firm rate schedule:
COMMODITY CHARGE:
The rate per therm of gas used will be set equal to the monthly published
incremental ceiling price which, under Federal Incremental Pricing
Regulations would be applicable to the non-exempt usage each affected firm
customer. The rate determined above will be compared with a floor price
defined equaling the applicable rate per therm of the applicable firm rate
schedule.
In the event that any of the rates determined in accordance with this
Tariff are below this floor price, floor price shall be used. All net
recoveries above the floor price as determined above which result from the
sales of gas under this rate schedule will be used to reduce the monthly
cost of gas supplied to exempt and non-affected uses subject to the
Levelized Raw Materials Adjustment Clause.
Notification of changes in the price of this gas shall be filed with the
Board of Public Utilities no later than 2 working days subsequent to the
publication of Federally determined incremental ceiling price. All other
terms, conditions and provisions of the applicable firm rate schedules
shall apply.
TERMINATION:
Parity pricing under this rate schedule shall terminate upon the effective
date of the implementation by the Federal Energy Regulatory Commission of
regulations determining the alternate fuel price ceiling on a basis other
than High Sulfur No. 6 Fuel Oil or upon the effective date of
implementation by Federal Energy Regulatory Commission of regulations
modifying the application of incremental pricing under the authority of
Section 202 of the Natural Gas Policy Act of 1978, or immediately under
termination of incremental pricing under the provisions of the Natural Gas
Policy Act of 1978, whichever occurs first. In the event of termination,
gas service provided under this rate schedule will be subject to and priced
in accordance with the applicable firm rate schedule.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY THIRD REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. XX. 00 GAS SECOND REVISED SHEET NO. 36
RATE SCHEDULE CIG
COGENERATION INTERRUPTIBLE SERVICE
APPLICABLE TO USE OF SERVICE FOR:
The sequential production of electrical energy and useful thermal energy
from the same fuel source by a Qualifying Facility, as defined in Section
201 of the Public Utility Regulatory Policies Act of 1978, whose
cogeneration equipment was installed on or after January 1, 1983, and
regularly meeting the efficiency standards set forth in Chapter 18 of the
Code of Federal Regulations, Sections 292.205 (a) and (b).
CHARACTER OF SERVICE:
Interruptible.
RATE:
SERVICE CHARGE:
$86.00 in each month:
COMMODITY CHARGE:
The monthly rate per therm of gas used will be set equal to the average
commodity cost of gas received by Public Service adjusted to include: (a)
the effect of losses estimated to be 1.5 percent, (b) a fixed contribution
of 3 cents per therm, and (c) GRI surcharge.
All recoveries resulting from the sales of gas under this rate schedule
which exceed the cost of supplying such gas will be used to reduce the
monthly cost of gas supplied to firm customers.
OTHER CHARGES:
See Special Provisions (e) and (r).
MINIMUM CHARGE:
The monthly minimum charge shall be $86.00.
DETERMINATION OF THERMS:
The number of therms used shall be determined by multiplying the number of
hundred cubic feet used by the "therms multiplier" expressed in therms per
hundred cubic feet which appears on every xxxx.
The "therms multiplier" shall be on the basis of the actual heating value
of the gas used.
TERMS OF PAYMENT:
Bills are due on presentation subject to a late payment charge at the rate
of 1.416% per monthly billing period in accordance with Section 8.13 of the
Standard Terms and Conditions. Service to a body politic will not be
subject to a late payment charge.
Date of Issue: December 27, 1989 Effective: December 6, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GR89060622
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J No. 10 GAS ORIGINAL SHEET NO. 37
RATE SCHEDULE CIG
COGENERATION INTERRUPTIBLE SERVICE
(Continued)
TERM:
One year and thereafter until terminated by five days' notice.
SPECIAL PROVISIONS:
Interruptible service will be furnished, when and where available, under
the following conditions:
(a) Public Service has available capacity to provide such service.
(b) Customer must certify that qualifying status has been granted by the
Federal Energy Regulatory Commission and will be required to sign an
Application for Cogeneration Interruptible Gas Service. Service will
be restricted to the maximum annual and hourly requirements, and the
location and equipment specified in the Application. Upon request by
customer, Public Service may deliver available volumes of gas in
excess of the maximum hourly requirement for limited periods. Such
deliveries shall not be deemed to constitute a change in the
requirements specified in the Application.
(c) Customer may be required to make a payment toward the investment in
facilities which Public Service installs to provide service under this
rate schedule when such investment exceeds an amount equal to 10% of
the estimated first year's revenue from such service. The payment
required will be a contribution equal to the excess amount, payable on
the date Public Service accepts the Application for Cogeneration
Interruptible Gas Service. The making of a payment shall not give the
customer any interest in the facilities, the ownership being vested
exclusively Public Service.
(d) Upon advance notice of eight hours or more, from any hour of any day
given to customer Public Service by telephone, telegram or otherwise,
customer shall discontinue the use of gas until further notice;
customer shall designate personnel who will accept such notification
at any hour of any day.
(e) If customer does not discontinue the use of gas after notification
pursuant to Special Provision (d), the Commodity Charge shall be 60.0
cents per therm for an amount equal to one hour's maximum requirement.
Use of this amount shall be limited to a use rate per hour not greater
than 5% customer's maximum hourly requirement.
The charge for all additional gas used shall be ten times the
applicable Commodity Charge Cogeneration Interruptible Schedule CIG.
Except for pilots, however, Public Service has no obligation to supply
gas at any time follow, notice pursuant to Special Provision (d) and
may discontinue completely all other deliveries of gas to customer
during the period of interruption.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President-Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET NO. 38
RATE SCHEDULE CIG
COGENERATION INTERRUPTIBLE SERVICE
(Continued)
(f) Metering shall include a recording device, furnished by Public Service.
Customer shall furnish an electrical supply for the operation of the
recording device and may be required to supply a dedicated telephone line.
(g) Upon request by Public Service on any day, customer shall furnish an
estimate of the amount of gas to be taken under this rate schedule during
the next 24-hour period.
(h) Service supplied under this rate schedule shall be separately metered and
shall not be combined with use under any other rate schedule for billing
purposes.
(i) Service will not be supplied under this rate schedule and any other gas
rate schedule for the same process or operation at the same location except
as specified under Special Provision (n).
(j) Public Service shall not be liable in any way for any failure in whole or
in part, temporary or permanent, to deliver gas under this rate schedule.
(k) When customer is temporarily prevented from receiving service during any
month by reason of any act of God, accident, strike, or work stoppage,
legal process, governmental interference, or compliance with any
governmental order, Public Service at its discretion may, upon customer's
written request, prorate the Minimum Charge to the number of full days
customer was able to receive service.
(l) Public Service agrees that service under this rate schedule will not be
interrupted unless service to the Rate Schedule ISG No. 6 alternate fuel
oil customers have already been interrupted.
(m) Gas supplied under this rate schedule is limited to a quantity equal to the
lesser of either 15 therms for each net kilowatthour of cogenerated
electric generation fueled by gas or the quantity of gas actually consumed
by the cogeneration facility when operated in a cogeneration mode as
determined by Public Service. Net cogenerated electric generation is
defined as generation output less energy used to run the cogeneration
facility's auxiliary equipment. Auxiliary equipment includes, but is not
limited to, forced and induced draft fans, boiler feed pumps and
lubricating oil systems.
(n) Gas supplied in excess of the quantity described in Special Provision (m)
will be billed under an applicable rate schedule as determined by Public
Service except as specified under Special Provision (e).
(o) Net cogenerated electric generation fueled by natural gas will be
determined each month as follows:
(o-1) For facilities which burn two or more fuels simultaneously for
cogeneration, net cogenerated electric generation will be allocated
between such fuels on the Btu input of each fuel.
(o-2) For facilities which change fuel usage between gas and an
alternate fuel for cogeneration, net cogenerated electrical generation
fueled by gas will be based on meter readings taken by the customer at
the time the fuel change occurs or the portion of the allocated amount
determined in Special Provision (m) prorated by the number of hours or
days that the customer used gas.
Date of Issue: November 14, 1986 Effective: October 31,1986
Issued by XXXXXXXX X. XX XXXXX, Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIRST REVISED SHEET NO.39
SUPERSEDING
X.X.X.X.X.XX. 10 GAS ORIGINAL SHEET NO. 39
RATE SCHEDULE CIG
COGENERATION INTERRUPTIBLE SERVICE
(Continued)
(p) Public Service, at its sole discretion, may utilize readings from customer
or Company-owned meters to determine the quantity of gas to which this rate
schedule is applicable in lieu of the allocation specified in Special
Provision (o-1). The customer shall make available, and Public Service
shall have the right to read, inspect and/or test such customer-owned
meters during normal working hours. Additional gas, electric and/or useful
thermal output meters required to determine the amount of gas to which this
rate schedule is applicable will be installed, owned and operated by Public
Service. However, Public Service may, at its sole option, use calculated or
estimated data to determine such gas usage.
(q) Customer is required to file a monthly report to Public Service containing
the total amount of kilowatthours produced by the cogeneration facility.
(r) EXPERIMENTAL COGENERATION SERVICE: Gas service under this Special Provision
is limited to customers having commitments for service from Public Service
under this experimental program as of September 24, 1985. When Experimental
Cogeneration Service is supplied, the following provisions shall apply:
(r-1) In lieu of the Commodity Charge calculation hereinbefore set forth,
the fixed contribution in any month shall be 1 cent per therm.
(r-2) In lieu of the term hereinbefore set forth, the term shall be two
years, except Qualifying Facilities which have made substantial
investments in cogeneration facilities, including but not limited to
the purchase of a diesel engine or gas turbine with associated waste
heat boiler equipment or a steam turbine, installed specifically to
receive service under this Special Provision, shall have the option
to renew service at the same service location for such facilities
through August 22, 1994.
(s) Service under this rate schedule is not available for resale.
(t) EXTENDED GAS SERVICE (AVAILABLE DECEMBER 26, 1990 TO APRIL 1, 1991): Gas
service under this Special Provision is limited to customers having a
combined nameplate-rated capacity of one megawatt or more and an executed
application for this Special Provision. When service under this Rate
Schedule is interrupted, service under this Special Provision will be
supplied at Public Service's option. When Extended Gas Service is offered
by Public Service, the following provisions shall apply:
(t-1) In lieu of the Commodity charge calculation hereinbefore set forth,
the following charges shall apply: 1) a Special Delivery Charge of
$0.15 per therm for each therm of Extended Gas Service supplied to
the customer; and 2) a Commodity Charge which shall be the actual
delivered price of propane to Public Service or the highest cost gas
purchased or used by Public Service when service under this Special
Provision is offered, whichever is the incremental gas source.
(t-2) An application for this Extended Gas Service shall be executed no
later than January 15, 1991 and shall include the customer's maximum
daily requirements under this Special Provision and a prepayment
equal to four days of the Special Delivery Charge at the customer's
maximum daily requirement. Use of gas above the maximum daily
requirement, on any day for which Public Service has offered and the
customer has requested Extended Gas Service, will be subject to the
penalty as stated in Special Provision (e). Such prepayment shall be
non-refundable unless and to the extent that Public Service does not
offer customer such Extended Gas Service for at least 96 hours.
Date of issue: January 7, 1991 Effective: December 26, 1990
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated December 26, 1990
in Docket No. GT90111290
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS ORIGINAL SHEET No. 39A
RATE SCHEDULE CIG
COGENERATION INTERRUPTIBLE SERVICE
(Continued)
(t-3) Customer will be notified of the Commodity Charge at least eight
hours prior to the availability of this service, or prior to a change
in the Commodity Charge, by fax machine. Following receipt of Public
Service's notice, the customer will have two hours within which to
fax to Public Service his acceptance of the Commodity Charge for the
service. If customer does not accept this service, customer must
discontinue the use of gas the time designated by Public Service,
which time shall not be less than eight hours after Public Service's
notice to Customer of the availability and the Commodity Charge of
the Extended Gas Service. Any gas usage by customer following the
time designated by Public Service shall be subject to the penalty as
stated in Special Provision (e).
STANDARD TERMS AND CONDITIONS:
This rate schedule is subject to the Standard Terms and Conditions on Sheets
Nos. 6 to 18, inclusive, of this Tariff, except Section 3, Extension of
Distribution Mains, Section 5.2, Service Connection Charges, Section 7.6,
Appliance Adjustments and Section 8.8, Proration of Monthly Charges.
Date of Issue: January 7, 1991 Effective: December 26,1990
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated December 26, 1990
in Docket No. GT90111290
PUBLIC SERVICE ELECTRIC AND GAS COMPANY SIXTH REVISED SHEET NO.40
SUPERSEDING
P.U.C.N.J NO. 10 GAS FIFTH REVISED SHEET NO.40
RATE SCHEDULE TSG-F
FIRM TRANSPORTATION GAS SERVICE
APPLICABLE TO USE OF SERVICE FOR:
General purposes where the maximum requirement for firm gas is not less
than 150 therms per hour, where the customer has the installed capability
to utilize an alternate type of fuel and where the customer has a current
fully executed contract(s) to purchase natural gas supplies and transport
these supplies to interconnection points with Public Service's distribution
system from which Public Service may receive and physically transport and
deliver the customer's purchased gas supply.
CHARACTER OF SERVICE:
Continuous transportation subject to Public Service's available capacity to
provide such service.
RATE:
SERVICE CHARGE:
$250.00 in each month.
TRANSPORTATION CHARGE FOR THE FIRST 1,000 THERMS:
18.165 cents per therm for the first................1,000 therms
transported in each month
TRANSPORTATION CHARGE IN EXCESS OF 1,000 THERMS IN THE MONTHS OF MAY
THROUGH OCTOBER:
10.837 cents per therm for the next.............4,000 therms transported in
each month
7.100 cents per therm in excess of.............5,000 therms transported in
each month
TRANSPORTATION CHARGE IN EXCESS OF 1,000 THERMS IN THE MONTHS OF NOVEMBER
THROUGH APRIL:
15.204 cents per therm in excess of.............1,000 therms transported in
each month
These charges do not apply to gas sold to customer by PSE&G pursuant to
Special Provisions (b) and (p).
OTHER CHARGES:
See Special Provisions (b), (f), (i) and (p).
MINIMUM CHARGE:
The monthly minimum charge shall be $250.00.
DETERMINATION OF THERMS:
The number of therms used shall be determined by multiplying the number of
hundred cubic feet used by the "therms multiplier" expressed in therms per
cubic feet which appears on every xxxx.
The "therms multiplier" shall be on the basis of the actual heating value
of the gas used.
TERMS OF PAYMENT:
Bills are due on presentation subject to a late payment charge at the rate
of 1.416% per monthly billing period in accordance with Section 8.13 of the
Standard Terms and Conditions. Service to a body politic will not be
subject to a late payment charge.
Date of Issue: December 14, 1990 Effective: January 1, 1991
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated August 29, 1990
in Docket No.ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY THIRD REVISED SHEET NO.41
SUPERSEDING
P.U.C.N.J. NO. 10 GAS SECOND REVISED SHEET NO.41
RATE SCHEDULE TSG-F
FIRM TRANSPORTATION GAS SERVICE
(Continued)
TERM:
A minimum of one year from the commencement date specified in the
Application for Firm Transportation Gas Service required by Special
Provision (a). The term may be extended by agreement between customer and
Public Service.
SPECIAL PROVISIONS:
(a) Customer will be required to sign a service agreement and service will be
restricted to the maximum hourly, daily and monthly requirements specified.
Upon request by the customer, Public Service may, in its sole discretion,
accept and deliver natural gas volumes in excess of the maximum levels
specified in the service agreement.
(b) Customer shall be responsible for scheduling the deliveries of its gas to
Public Service and for maintaining a balance between its deliveries to
Public Service and its usage.
Customer and Public Service will schedule deliveries on a daily basis
during any month on a mutually acceptable basis giving customer reasonable
flexibility consistent with Public Service's operating limitations. Public
Service shall maintain a cumulative account balance for customer which
shall be debited with quantities of gas received by Public Service and
credited with quantities of gas used by customer.
If customer ends a season (end of months of April and October) with a
positive account balance in excess of 30% of customer's usage in such
season, customer shall pay Public Service 7 cents per therm for such
positive balance in excess of 30%. Additionally, Public Service may
interrupt the receipt of customer's gas balance until excess of 30% is
eliminated.
If customer ends season with a negative account balance in excess of 15% of
the quantity used by customer in such season, the quantity in excess of 15%
will be purchased by the customer at the LVG Rate Schedule winter tail
block rate (or successor rate schedule) plus the Levelized Gas Adjustment
Charge.
Upon expiration of the service agreement, Public Service shall review the
status of customer's account. In the event customer's account has a
negative balance, the customer will be charged the LVG winter tail block
rate (or successor rate) plus the Levelized Gas Adjustment Charge for each
therm of imbalance. If customer's account has a positive balance, customer
will have thirty days within which to balance its account. If after thirty
days, customer has failed to balance his account, Public Service may retain
at no cost the gas quantities then constituting the imbalance in customer's
account, free and clear of any claims to title.
(c) Customer or customer's agent shall provide Public Service a statement
specifying the quantities of gas delivered to Public Service for such
customer. Failure to provide this information timely shall give Public
Service the right to determine deliveries based upon records in its
possession. Customer will be responsible for resolving with transporter any
disagreement customer has relative to the accuracy of transporter's record
of deliveries of gas to Public Service for customer.
(d) Customer or customer's agent shall provide Public Service with a minimum of
twenty-four hours prior notice of the natural gas volumes customer intends
to have transporter deliver to Public Service for customer's account.
(e) Upon advance notice of eight hours or more, from any hour of any day given
to customer by Public Service by telephone, telegram or otherwise, customer
shall discontinue the use of gas until further notice. Customer shall
designate personnel who will accept such notification at any hour of any
day. Public Service will not interrupt service to customer with respect to
quantities of gas being delivered to Public Service by customer on any day
unless operating limitations on Public Service's system preclude the
delivery of such gas to customer.
Date of Issue: November 5, 1990 Effective: November 1, 1990
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1990
in Docket No. GR90070649J
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIRST REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. XX. 00 GAS ORIGINAL SHEET NO. 42
RATE SCHEDULE TSG-F
FIRM TRANSPORTATION GAS SERVICE
(Continued)
(f) If customer does not discontinue the use of gas after notification pursuant
to Special Provision (e), customer shall be charged ten times the commodity
charge contained in Rate Schedule ISG for 0.3% No. 6 Oil (or successor rate
schedule) for each therm of gas used by the customer in excess of the
number of the therms of gas delivered to Public Service by the customer
during each day of any interruption period.
(g) Upon the expiration of the service agreement, customer shall be eligible to
receive gas service under Rate Schedule LVG (or successor rate schedule)
providing customer notifies Public Service within 90 days of such
expiration of its election to purchase such service. After ninety days
customer's eligibility to receive gas sales service shall be the same as
the eligibility of any new person or entity which is at that time
requesting gas sales service.
(h) Customer shall: make all the arrangements necessary; obtain from
appropriate regulating bodies any approvals necessary; prepare any reports
or other filings which any regulatory body may require; and be responsible
for all costs, charges and expenses including but not limited to the
payment to appropriate governmental entities for any tax or assessment
relative to the acquisition, transportation of use of customer's gas
supply.
(i) Customer will be required to make payment toward all the investment in
facilities which Public Service installs to provide service under this rate
schedule. Public Service will refund one-third of the TSG-F charge
annually, up to a five-year period, not to exceed the cost of investment.
The making of a payment shall not give the customer any interest in the
facilities, the ownership being vested exclusively in Public Service.
(j) Customer warrants that at the time of delivery of gas to Public Service it
will have good title to deliver all gas volumes made available.
(k) Metering shall include a recording device, furnished by Public Service.
Customer shall furnish an electrical supply source, an individual message
business control office line and arrange for data transmission of metering
information and termination of data on an RJ45S modular xxxx.
(l) Service supplied under this rate schedule shall be separately metered and
shall not be combined with use under any other rate schedule for billing
purposes. Customer shall not be eligible to receive service under this
rate schedule and any other rate schedule for the same equipment or for
equipment supplying a common steam header during the term of the Service
Agreement.
(m) Customer has installed and maintains complete and adequate standby
equipment and fuel supply for operation with another fuel when the gas
supply is interrupted.
(n) Public Service shall not be liable in any way for any failure in whole or
in part, temporary or permanent, to deliver gas under this rate schedule.
(o) Service under this rate schedule is not available for resale.
(p) Public Service, at its option, may sell gas to customer at a rate
equivalent to the commodity charge under Rate Schedule ISG for the
alternate fuel type specified in customer's affidavit, subject to the TSG
floor price.
STANDARD TERMS AND CONDITIONS:
This rate schedule is subject to the Standard Terms and Conditions on
Sheets Nos. 6 to 18, inclusive, of this Tariff, except Section 3, Extension
of Distribution Mains, Section 5.2, Service Connection Charges, Section
7.6, Appliance Adjustments and Section 8.8, Proration of Monthly Charges.
Date of Issue: December 27, 1989 Effective: December 6, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President-Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GR89060622
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIRST REVISED SHEET NO. 43
SUPERSEDING
P.U.C.N.J. NO.10 GAS ORIGINAL SHEET NO. 43
RATE SCHEDULE TSG-NF
NON-FIRM TRANSPORTATION GAS SERVICE
APPLICABLE TO USE OF SERVICE FOR:
General purposes where the maximum requirement for interruptible gas is not
less than 150 therms per hour, where the customer has the installed
capability to utilize an alternate type of fuel, and where the customer has
a current fully executed contract(s) to purchase natural gas supplies and
transport these supplies to interconnection points with Public Service's
distribution system from which Public Service may receive and physically
transport and deliver the customer's purchased gas supply.
CHARACTER OF SERVICE:
Interruptible transportation.
RATE:
SERVICE CHARGE:
$250.00 in each month.
TRANSPORTATION CHARGE:
7.1 cents per transportation therm used by customer.
This charge does not apply to gas sold to customer by PSE&G pursuant to
Special Provisions(b) and (h).
OTHER CHARGES:
See SPECIAL PROVISIONS (b), (f), (h), and (j).
MINIMUM CHARGE:
The monthly minimum charge shall be $250.00.
DETERMINATION OF THERMS:
The number of therms used shall be determined by multiplying the number of
hundred cubic feet used by the "therms multiplier" expressed in therms per
hundred cubic feet which appears on every xxxx.
The "therms multiplier" shall be on the basis of the actual heating value
of gas used.
TERMS OF PAYMENT:
Bills are due on presentation subject to a late payment charge at the rate
of 1.416% per monthly billing period in accordance with Section 8.13 of the
Standard Terms and Conditions. Service to a body politic will not be
subject to late payment charge.
TERM:
A minimum of one year from the commencement date specified in the
Application for Non-Firm Transportation Gas Service required by Special
Provision (a). The term may be extended by agreement between customer and
Public Service.
Date of Issue: November 5, 1990 Effective: November 1, 1990
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1990
in Docket No. GR90070649J
PUBLIC SERVICE ELECTRIC AND GAS COMPANY SECOND REVISED SHEET XX. 00
XXXXXXXXXXX
X.X.X.X.X. XX. 00 GAS FIRST REVISED SHEET NO. 44
RATE SCHEDULE TSG-NF
NON-FIRM TRANSPORTATION GAS SERVICE
(Continued)
SPECIAL PROVISIONS:
(a) Customer will be required to sign a service agreement and service will be
restricted to the maximum annual, daily, and hourly requirements, and the
location and equipment specified. Attached to the service agreement will be
a signed affidavit, certifying the specific grade of fuel oil (or oils)
that can physically and legally be utilized by the installation being
served. The affidavit shall include the percentage of operations which can
physically and legally be served by each alteration fuel. The customer will
submit, within 30 days of change in operations, a new affidavit to Public
Service when such change effects its alternate fuel capability. Public
Service reserves the right to inspect the customer's operation as to
alternate fuel capability. Upon request by customer, Public Service may
deliver available volumes of gas in excess of the maximum requirements, for
limited periods. Such deliveries shall be deemed to constitute a change in
the requirements specified in the application.
(b) Customer shall be responsible for scheduling the deliveries of its gas to
Public Service and for maintaining a balance between its deliveries to
Public Service and its usage. Unless prior agreement is reached with Public
Service, gas volumes that are delivered by customer to Public Service
during any month shall be delivered at a substantially uniform daily rate.
Public Service shall maintain a cumulative gas account balance for
customer which shall be debited with quantities of gas received by Public
Service and credited with quantities of gas used by customer. If at the end
of any month customer's account balance is positive in an amount in
excess of 10% of customer's usage in such month, customer shall pay Public
Service 3 cents per therm for any balance in excess of 10%. In any month
immediately following a month for which customer has a negative balance in
excess of 10%, customer shall bring its account balance within 10% by
purchasing the negative balance in excess of 10% from Public Service at a
rate equal to 110% of the commodity rate described in Special Provision (h)
for the month in which the excess negative balance occurred. Public Service
shall not be required to make such gas sales if doing so will adversely
affect Public Service's other customers. At anytime that customer has a
negative imbalance in excess of 10% and the continual usage of such gas
will adversely affect Public Service's other customers, Public Service upon
notice as specified in Special Provision (e), may limit customer usage on
any day to no more than customer's deliveries to Public Service on that
same day, until such time as the negative balance in excess of 10% is
eliminated. When customer's usage is limited to its daily deliveries, for
any usage in excess of its deliveries on any day, such customer will be
charged a penalty calculated in the manner as specified in Special
Provision (f).
Upon expiration of the service agreement, Public Service shall review the
status of customer's account. In the event customer's account has a
negative balance, customer will be charged 110% of the applicable commodity
charge under Rate Schedule ISG (or successor rate) for each therm of
negative balance. If customer's account has a positive balance, customer
will have thirty days within which to balance its account. If after thirty
days, customer has failed to balance his account, Public Service may retain
at no cost the gas volumes then constituting the balance in customer's
account, free and clear of any claims to title.
(c) Customer or customer's agent shall provide Public Service a statement
specifying the quantities of gas delivered to Public Service for such
customer. Failure to provide this information timely shall give Public
Service the right to determine deliveries based upon records in its
possession. Customer will be respectable for resolving with transporter any
disagreement customer has relative to the accuracy of transporter's record
of deliveries of gas to Public Service for customer.
(d) Customer or customer's agent shall provide Public Service with a minimum of
twenty-four hours prior notice of the natural gas volumes customer intends
to have transporter deliver to Public Service for customer's account.
(e) Upon advance notice of eight hours or more, from any hour of any day given
to customer by Public Service by telephone, telegram or otherwise, customer
shall discontinue the use of gas until further notice; customer shall
designate personnel who will accept such notification at any hour of any
day. Public Service will not interrupt service to customer with respect to
any quantities of gas being delivered to Public Service by customer on any
day unless operating limitations on Public Service's system preclude the
deliver of such gas to customer.
(f) If customer does not discontinue the use of gas after notification pursuant
to Special Provision (e), customer shall be charged ten times the commodity
charge contained in Rate Schedule ISG for 0.3% No. 60 (or successor rate
schedule) for each therm of gas used by the customer in excess of the
number of therms of gas delivered to Public Service by the customer during
each day of any interruption period.
Date of Issue: April 4, 1991 Effective: March 26, 1991
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President--Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated March 26, 1991
in Docket No. GT91010086
PUBLIC SERVICE ELECTRIC AND GAS COMPANY FIRST REVISED SHEET NO.45
SUPERSEDING
P.U.C.N.J. NO 10 GAS ORIGINAL SHEET NO.45
RATE SCHEDULE TSG-NF
NON-FIRM TRANSPORTATION GAS SERVICE
(Continued)
(g) After the expiration of the service agreement, customer's eligibility to
receive gas sales service shall be the same as the eligibility of any
person or entity which is at that time requesting gas sales service as a
new customer.
(h) Public Service, at its option, may sell gas to customer at a rate equal to
the applicable commodity rate for service under Rate Schedule ISG for the
alternate fuel category designated in customer's affidavit, subject to the
TSG floor price.
(i) Customer shall: make all the arrangements necessary; obtain from
appropriate regulating bodies any approvals necessary; prepare any reports
or other filings which any regulatory body may require; and be responsible
for all costs, charges and expenses including but not limited to the
payment to appropriate governmental entities for any tax or assessment
relative to the acquisition, transportation, or use of customer's gas
supply.
(j) Customer will be required to make payment toward all the investment in
facilities which Public Service installs to provide service under this rate
schedule. The making of a payment shall not give the customer any interest
in the facilities, the ownership being vested exclusively in Public
Service.
(k) Customer warrants that at the time of delivery of gas to Public Service it
will have a good title to deliver all gas volumes made available.
(l) Metering shall include a recording device, furnished by Public Service.
Customer shall furnish an electrical supply source, an individual message
business control office line and arrange for data transmission of metering
information and termination of data on an RJ45S modular xxxx.
(m) Service supplied under this rate schedule shall be separately metered and
shall not be combined with use under any other rate schedule for billing
purposes. Customer shall not be eligible to receive service under this rate
schedule and any other rate schedule for the same equipment or for
equipment supplying a common steam header during the term of this
agreement.
(n) Customer has installed and maintains complete and adequate standby
equipment and fuel supply for operation with another fuel when the gas
supply is interrupted.
(o) Public Service shall not be liable in any way for any failure in whole or
in part, temporary or permanent, to deliver gas under this rate schedule.
(p) Service under this rate schedule is not available for resale.
STANDARD TERMS AND CONDITIONS:
This rate schedule is subject to the Standard Terms and Conditions on
Sheets Nos. 6 to 18, inclusive, of this Tariff, except Section 3, Extension
of Distribution Mains, Section 5.2 Service Connection Charges, Section 7.6,
Appliance Adjustments and Section 8.8, Proration of Monthly Charges.
Date of Issue: December 27, 1989 Effective: December 6, 1989
Issued by XXXXXX X. XXXXXXXXX, XX., Senior Vice President-Customer Operations
00 Xxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GR89060622
EXHIBIT C
---------
[*]
EXHIBIT D
---------
[*]
EXHIBIT E
---------
[*]
EXHIBIT F
---------
[*]
EXHIBIT G
---------
[*]
EXHIBIT H
LETTER #1
May 15, 0000
Xxxxxx Xxxxx, L.P.
0000 Xxxxx Xxxxxx
Xxxxx 0000, 00xx Xxxxx
Xxxxxxx, XX 00000
Re: Gas Service Agreement Dated May 15, 1991
Gentlemen:
Pursuant to paragraph 3.9 of the above-captioned agreement (the
"Agreement"), Public Service Electric and Gas Company ("Seller") hereby
represents that it has entered into contracts with one or more natural gas
interstate pipeline companies ("Transporter(s)") for Seller to acquire firm
transportation capacity on Transporter(s)' systems and that, when in service,
such capacity, combined with other capacity available to Seller, will be
sufficient to permit Seller to render the services to be provided under the
Agreement. Consistent with said paragraph 3.9, please furnish the required [*]
letter of credit to Seller within five (5) business days of the Construction
Drawdown Date or, if later, five (5) business days of your receipt of this
letter.
Very truly yours,
EXHIBIT H
LETTER #2
May 15, 0000
Xxxxxx Xxxxx, L.P.
0000 Xxxxx Xxxxxx
Xxxxx 0000, 00xx Xxxxx
Xxxxxxx, XX 00000
Re: Gas Service Agreement Dated May 15, 1991
Gentlemen:
Pursuant to paragraph 3.9 of the above-captioned agreement (the
"Agreement"), Public Service Electric and Gas Company ("Seller") hereby
represents that the Federal Energy Regulatory Commission ("FERC") has issued a
final order granting a certificate of public convenience and necessity to one
or more natural gas interstate pipeline companies ("Transporter(s)") to provide
firm transportation capacity to Seller which, when in service together with
other capacity available to Seller, will be sufficient to permit Seller to
render firm, uninterruptible delivery service of at least the Contract Quantity
pursuant to the terms of the Agreement. Consistent with said paragraph 3.9,
please furnish the required [*] letter of credit within five (5) business days
of your receipt of this letter.
Very truly yours,
EXHIBIT H
LETTER #3
May 15, 0000
Xxxxxx Xxxxx, L.P.
0000 Xxxxx Xxxxxx
Xxxxx 0000, 00xx Xxxxx
Xxxxxxx, XX 00000
Re: Gas Service Agreement Dated May 15, 1991
Gentlemen:
Pursuant to paragraph 3.9 of the above-captioned agreement (the
"Agreement") Public Service Electric and Gas Company ("Seller") hereby
represents that Seller will have available firm transportation capacity on the
systems of one or more natural gas interstate pipeline companies and will be
prepared on the Requested Service Date to render firm, uninterruptible delivery
service of at least the Contract Quantity under, and subject to the other
provisions of, the Agreement on a year-round basis in accordance with the terms
of the Agreement. Consistent with said paragraph 3.9, please furnish the final,
required [*] letter of credit within five (5) business days of your receipt of
this letter.
Very truly yours,
