DOMINION SOUTH PIPELINE COMPANY, LP

CUSTOMER DESIGNATION OF AGENT

 

 

      AGENCY DESIGNATION made as of this _____ day of ____________, by and between _________________________________ , a ______________ corporation, hereinafter called "Customer," ____________________________, a ______________ corporation, hereinafter called "Agent," and accepted and agreed to by Dominion South Pipeline Company, LP, “Pipeline”.

 

     WHEREAS, Customer and Agent have agreed that Agent will perform certain functions on behalf of customer, including activities under certain Service Agreement(s) between Customer and Pipeline; and,

 

     WHEREAS, Pipeline accepts and agrees to such designation of Customer's agent.

 

     WITNESSETH, That, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

 

ARTICLE I

Authorized Activity

 

     A.  This Agency Designation shall apply to certain activity under all Service Agreements between Pipeline and Customer, hereinafter referred to as the "Identified Service Agreements".  Service Agreements specifically excluded are listed as follows:

 

          Contract Number                Rate Schedule                  Dated

 

          _______________              _____________               __________

          _______________              _____________               __________

                   

                   

          Meter Name                        Meter Number

     

          _______________               __________       

          _______________               __________       

 

Capacity Release Contracts:

 

Please initial below to indicate which option is applicable (Select one option only):

 

_____________                 Customer authorizes Agent to perform all functions associated with Capacity Release contracts entered into subsequent to the date of this Agreement.

 

 

_____________                 Customer does NOT authorize Agent to perform all functions associated with Capacity Release contracts entered into subsequent to the date of this Agreement.

 

 

For meters subject to an Electronic Balancing Agreement and where customer desires agent to perform duties of operator, please list meter name and meter number.

 

           Meter Name                                 Meter Number

 

           ______________                         ______________

 

           ______________                         ______________

 

           ______________                         ______________

 

           ______________                         ______________

 

 

         B.  During the term of this Agency Designation, Agent is authorized to perform the functions listed below, marked or initialed by the Customer, and listed below in this Article I, on behalf of Customer under the Identified Service Agreements.  The duration of any authorized activity by Agent may not exceed the primary term, and extensions thereof, of this Agency Designation set forth in Article III, below.

 

                        Agent may issue offers to release capacity under the Identified Service Agreements, consistent with the provisions of Pipeline's FERC Gas Tariff.

 

                        Agent may submit and revise nominations for service on behalf of Customer under the Identified Service Agreements, consistent with the provisions of Pipeline's FERC Gas Tariff.  In conjunction with such nominations, Agent will confirm quantities and exercise nomination rights with the same priority afforded to Customer under Identified Service Agreements.

 

                        Agent may submit and revise predetermined allocations on behalf of Customer under the Identified Service Agreements, consistent with the provisions of Pipeline's FERC Gas Tariff.

 

                        Agent will receive all bills associated with the Identified Service Agreements and will tender payments to Pipeline on behalf of Customer, consistent with the provision of Pipeline's FERC Gas Tariff.  To the extent that agent will be responsible for payments on behalf of Customer, Pipeline's acceptance of this Agency Designation is subject to Agent's continuing satisfaction of the creditworthiness provisions of Pipeline's FERC Gas Tariff.  This provision in no way alters the obligations of Customer to Pipeline, including payment obligations, if Agent fails to tender payment as described herein.

 

                        Agent may enter into amendments of Identified Service Agreements on behalf of Customer, including changes of Primary Receipt and/or Delivery Points to the extent permitted by Pipeline's FERC Gas Tariff, but excluding any amendment of the primary term of an Identified Service Agreement.  Customer hereby acknowledges that such amendments will permanently change all affected provisions of the underlying Identified Service Agreements between Pipeline and Customer.

 

                        Agent may perform other actions on behalf of Customer, as set forth in detail on Exhibit A to this Agency Designation.

 

           _____   Agent may manage any actions on behalf of Customer related to  Imbalance Netting and Trading.             

 

            _____   Agent may enter into reimbursement/construction agreements for

                         receipt taps and meter operating agreements.

 

           C.   For those items marked or initialed by Customer below, Customer acknowledges that it has read and understood the following:

 

            _______    Agent is an “energy affiliate” of Dominion, as defined in FERC’s Order 2004 Standard of Conducts.  Customer understands that FERC standards of conduct provisions bar Pipeline from sharing information received by Pipeline from Customer with an ”energy affiliate”, without Customer’s consent. 

 

          _______     Customer voluntarily authorizes Pipeline to release to Agent all past and future information relating to performance of Agent’s duties provided by Customer until designation is revoked in writing by Customer in accordance with Article III.  Customer also acknowledges that Pipeline did not provide any preferences, either operational or rate-related, in exchange for the voluntary consent.

 

 

           D.  For the purpose of nomination and Capacity Release activity to be conducted by Agent hereunder, Agent identifies the following 24-hour contact person, as required by Pipeline's FERC Gas Tariff:

 

        Name:     _____________________        Phone Number:  _____________

        Address: _____________________           Facsimile:         _____________

 

 

                                                      ARTICLE II

Pipeline Interaction with Agent

 

            A.  During the term of this Agency Designation, Pipeline shall be entitled to rely upon, and Customer and Agent shall be bound by, communications received from and directions given by Agent on behalf of Customer, with respect to all authorized activities indicated in Article I, above.  Customer agrees to hold Pipeline harmless for any and all liabilities to Agent, Customer, or third parties, associated with Pipeline's reliance on communications and directions of Agent, consistent with this Agency Designation.

 

            B.  Unless inconsistent with a restrictive covenant between Customer and Agent expressly identified herein, this Agency Designation shall not prohibit Pipeline from conducting transactions with Agent on behalf of other customers of Pipeline, or with Agent in its own right.

 

            C.  In the event that Agent is to be responsible for the payment of bills to Pipeline on behalf of Customer, then Agent shall be subject to the creditworthiness provisions of Pipeline's FERC Gas Tariff.  Nothing in this Agency Designation will prohibit Pipeline from collecting amounts due under any Service Agreement directly from Customer, in the event of a default in payment by Agent.

 

ARTICLE III

Term of Agency Designation

 

            Subject to all of the terms and conditions herein, this Agency Designation shall be effective as of ______________, 20__ [and shall continue in effect for a primary term through and including __________, 20__] and from month to month thereafter, until any party shall terminate this Agreement by giving written notice to both of the others, which notice must be received by Pipeline at least thirty days prior to the effective date of such revocation.

 

ARTICLE IV

Incorporation by Reference of Tariff Provisions

 

            To the extent not inconsistent with the terms and conditions of this Customer Designation of Agent, the following provisions of Pipeline's effective FERC Gas Tariff, and any revisions thereof that may be made effective hereafter are hereby made applicable to and a part hereof by reference:

 

            1.  All of the provisions of each Rate Schedule applicable to any Identified Service Agreement, and each effective superseding rate schedule; and

 

            2.  All of the provisions of the General Terms and Conditions, as they may be revised or superseded from time to time.

 

ARTICLE V

Miscellaneous

 

            A.  No change, modification or alteration of this Agency Designation shall be or become effective until executed in writing by the parties hereto.

 

            B.  Any notice, request or demand provided for in this Agency Designation, or any notice which any party may desire to give the others, shall be in writing and sent to the following addresses:

 

     Customer:       _____________________

                             _____________________

                             _____________________

                             Attention: _____________

 

     Agent:              _____________________

                             _____________________

                             _____________________

                             Attention:  _____________

 

      Pipeline:         Dominion South Pipeline Company, LP

                            120 Tredegar Street

                            Richmond, Virginia  23219

                            Attention:  Director, Transmission Services

 

or at such other address as a party shall designate by formal written notice.

 

            C.  No presumption shall operate in favor of or against any party hereto as a result of any responsibility that such party may have had for drafting this form of Agency Designation.

 

            D.  The subject headings of the provisions of this Agency Designation are inserted for the purpose of convenient reference and are not intended to become a part of or to be considered in any interpretation of such provisions.

 

ARTICLE VI

Prior Agency Designations

 

            This Agency Designation shall supersede and cancel, as of its effective date, the Agency Designation between Customer and ____________________ (Agent that is being terminated, if applicable), dated __________________, 20____, previously accepted by Pipeline; otherwise, that instrument shall remain in full force and effect unless it shall have expired by its own terms.

 

 

            IN WITNESS WHEREOF, Customer and Agent, intending to be legally bound, have cause this Agency Designation to be signed by their duly authorized officials, as of the day and year first written above.

 

_____________________________

                                      

(Customer)

 

 

 

By:  _________________________

Its:  _________________________

       (Title)

 

 

______________________________

 

(Agent)

 

 

 

By:  _________________________

Its:  _________________________

        (Title)

 

 

Accepted and agreed to this

____ day of ___________, 200__

 

DOMINION SOUTH PIPELINE COMPANY, LP

(Pipeline)

 

 

By:  ________________________________

Its:  Director, Transmission Services

 

 

 

TE-CDA

 

 

 

 

 

 

Please return to Joan Armstrong @ Fax No. 804-819-2065.  If you have any questions I can be reached at 804-819-2853 or joan_m_armstrong@dom.com.