EXHIBIT 10.4
GAS SERVICE AGREEMENT
BETWEEN
COGEN TECHNOLOGIES LINDEN VENTURE, L.P.
(BUYER)
AND
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
AND
ELIZABETHTOWN GAS COMPANY
(SELLERS)
[*] 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 9
ARTICLE 3 SERVICES 11
ARTICLE 4 RATES AND CHARGES 24
ARTICLE 5 DELIVERY AND RECEIPT 27
ARTICLE 6 POSSESSION, TITLE, WARRANTY AND LIABILITY 30
ARTICLE 7 TERM 32
ARTICLE 8 ACCOUNTING AND PAYMENT 33
ARTICLE 9 MEASUREMENT AND DELIVERY CONDITIONS 37
ARTICLE 10 FACILITIES 39
ARTICLE 11 FORCE MAJEURE 40
ARTICLE 12 LIMITATION OF LIABILITY 44
ARTICLE 13 DEFAULTS; RIGHT TO CURE 45
ARTICLE 14 ACTIONS REQUIRED TO SATISFY CERTAIN 47
CONDITIONS
ARTICLE 15 ASSIGNMENT OF INTERESTS 50
ARTICLE 16 ECONOMIC CHANGES 52
ARTICLE 17 NOTICES AND ADDRESSES 55
ARTICLE 18 MISCELLANEOUS 57
ARTICLE 19 ARBITRATION 59
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 13th day of July, 1990, between COGEN
TECHNOLOGIES LINDEN VENTURE, L.P., hereinafter referred to as "Buyer", and
PUBLIC SERVICE ELECTRIC AND GAS COMPANY ("PSE&G") and ELIZABETHTOWN GAS COMPANY
("Elizabethtown"), hereinafter jointly referred to as "Sellers".
WHEREAS, Buyer proposes to finance, construct, own and operate a
cogeneration facility in Linden, New Jersey (the "Facility") and has entered
into a Power Purchase Agreement under which it will sell the net energy and
capacity of the Facility; and
WHEREAS, Sellers propose 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, Sellers desire to obtain a firm supply of Natural Gas for
their systems during certain Peak Periods and Buyer proposes to provide Sellers
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 Sellers 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
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hereto and amendments hereof that may be made from time to time.
1.2 "Annual Period" shall mean any one of a succession of consecutive
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twelve-month periods, the first of which shall begin on the Date of Initial
Commercial Operation of the Facility.
1.3 "Average Cost of Interstate Transportation" [*]
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1.4 "Base Rates" shall mean those rates contained in all of Sellers' gas
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tariff rate schedules (designated as P.U.C.N.J. No. 10 Gas for PSE&G and B.P.U.
No. 10 Gas for Elizabethtown) as updated from time to time, excluding Gas costs.
Copies of Sellers' rate schedules are attached as Exhibit "B".
1.5 "BPU" shall mean the New Jersey Board of Public Utilities or successor
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agency.
1.6 "Butane Service" shall mean the butane supply and storage service to be
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provided by Buyer to Sellers at Exxon's Linden Plant, as provided herein.
1.7 "Buyer" shall mean Cogen Technologies Linden Venture, L.P., a Delaware
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limited partnership.
1.8 "Commercial Operation of the Facility" shall mean the production of
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electricity by Buyer at the Facility, upon completion of testing the Facility,
as such term is defined in the Power Purchase Agreement.
1.9 "Commodity Cost" shall mean [*]
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[*]
1.10 "Con Ed" shall mean Consolidated Edison Company of New York, Inc.
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1.11 "Construction Conversion Date" shall mean the date construction loan
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proceeds are released under the Construction Loan Agreement sufficient to
undertake the completion of the Facility, as specifically defined in the
Construction Loan Agreement.
1.12 "Construction Loan Agreement" shall mean the contract dated as of
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February 15, 1990, among Buyer, the lenders parties thereto and General Electric
Power Funding Corporation, as Agent, which provides for the pre-construction and
construction financing for the Facility, as such contract may be amended,
supplemented or otherwise modified from time to time.
1.13 "Date of Initial Commercial Operation of the Facility" shall mean the
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Day which begins at 12:01 a.m. on the first Day of the month which immediately
follows the date Buyer designates in writing to Con Ed as the initial date of
Commercial Operation of the Facility.
1.14 "Day" shall mean a period of consecutive hours beginning 8:00 a.m.
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(Eastern time) and ending at 8:00 a.m. the following calendar day.
1.15 "Dekatherm" or "Dth" shall mean ten (10) therms of heating value.
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1.16 "Delivery Point(s)" shall mean the point or points of interconnection
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between the outlet of Sellers' meter and Buyer's Facility.
1.17 "Elizabethtown" shall mean Elizabethtown Gas Company.
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1.18 "Extended Gas Service" shall mean the interruptible Gas service in
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addition to the Resale Service and any Sales Service rendered by Sellers to
Buyer during a Peak Period.
1.19 "Exxon" shall mean Exxon Corporation.
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1.20 "Facility" shall mean Buyer's cogeneration plant and all appurtenant
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structures and equipment including Buyer's electrical and steam interconnection
facilities and real property interests owned, leased, or subleased by Buyer in
and around Linden, New Jersey, as described in the filing made with the FERC in
Docket No. QF90-65-000, for the purpose of producing steam and generating
electricity. The Facility is designed to produce electric power and steam and
consume approximately 143,500 Dekatherms of Gas per Day at full output. The
expected fuel profile for the Facility is set forth in Exhibit "D" hereto.
1.21 "FERC" shall mean the Federal Energy Regulatory Commission or
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successor agency.
1.22 "Gas" or "Natural Gas" shall mean gas of a quality acceptable for
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delivery into the systems of Transporter(s) or Sellers, as applicable, or other
gases acceptable for normal use in Buyer's Facility.
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1.23 "Gas Tariff" shall mean any tariff of Sellers or Transporter(s)
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setting forth the terms and conditions for sales or transportation services
which is filed with a Governmental Authority.
1.24 "GEPFC" shall mean General Electric Power Funding Corporation.
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1.25 "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.
1.26 "Linden Plant" shall mean the refining and chemical plants operated by
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Exxon in Linden, New Jersey.
1.27 "Maximum Quantity" shall mean one hundred and forty-three thousand,
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five hundred (143,500) Dekatherms per Day of Natural Gas.
1.28 "MW" or "Megawatts" shall mean one thousand kilowatts of electricity.
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1.29 "Minimum Quantity" shall mean seventy-three thousand (73,000)
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Dekatherms per Day of Natural Gas.
1.30 "Peak Period" shall mean any Day if the U.S. Weather Bureau has
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forecasted that the mean temperature at Newark International Airport for such
Day will be [*] degrees Fahrenheit or less.
1.31 "Power Purchase Agreement" shall mean Contract No. 344, dated April
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14, 1989, between Buyer and Con Ed,
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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 "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 Sellers 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 Sellers'
agreement shall be unreasonably withheld or delayed.
1.34 "Requested Service Date" shall mean the Day that Buyer is obligated to
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begin accepting and Sellers are obligated to begin rendering the Resale Service
and/or Sales Service hereunder, as set forth in paragraph 3.7 hereof.
1.35 "Resale Service" shall mean the service provided by Sellers to Buyer
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whereunder Sellers purchase Gas from Buyer at the Receipt Point(s) and resell
equal volumes, less Shrinkage, to Buyer at the Delivery Point. The Resale
Service volume shall be eighty-five thousand (85,000) Dekatherms per Day, at the
Delivery Point, after allowance for Shrinkage, as provided herein.
1.36 "Sales Service" shall mean the service provided by Sellers to Buyer
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whereunder Sellers sell Buyer their system
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supplies of Natural Gas at the Delivery Point. The Sales Service volume shall
range from a minimum volume of zero (0) to a maximum volume of fifty-eight
thousand, five hundred (58,500) Dekatherms per Day, as provided herein.
1.37 "Shrinkage" shall mean any Natural Gas retained by Transporter(s) for
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fuel or line loss in connection with the transportation of Natural Gas on behalf
of Sellers.
1.38 "Sellers" shall mean PSE&G and Elizabethtown.
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1.39 "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 Sellers.
1.40 "Transportation Agreement(s)" shall mean any agreements under which
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Transporter(s) transport Natural Gas on behalf of Sellers from the Gulf coast
area to New Jersey.
1.41 "Weighted Average Cost of Storage" or "WACS" shall mean [*]
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1.42 "Weighted Average Transportation Demand Charge" or "WATDC" shall mean
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[*].
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 of eighty-five
thousand (85,000) Dekatherms per Day, plus Shrinkage, which supply
will be firm for the months of December through March, and to utilize
the firm transportation capacity arranged by Sellers 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 Sellers;
(c) to purchase Natural Gas from Sellers pursuant to the Resale
Service and Sales Service described in Article 3 hereof;
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(d) to acquire from Exxon's Linden Plant, and to dedicate to Sellers,
one hundred thousand (100,000) barrels of butane storage capacity for
exclusive use by Sellers during each November 15 through March period
and to purchase an initial fill of one hundred thousand (100,000)
barrels of butane by November 15 of each year as provided in paragraph
3.4, and two (2) refills each equal to one hundred thousand (100,000)
barrels of butane, for use by Sellers during each November 15 through
March period; and
(e) 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 Sellers in seeking such
approvals and permits.
2.2 Sellers' Commitments. Pursuant to the terms and conditions of this
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Agreement, in order to satisfy the fuel requirements of the Facility, Sellers
commit:
(a) to increase Sellers' firm transportation capacity on
Transporter(s)' systems for a period of at least fifteen (15) years,
in order to have available sufficient Gas supply and 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;
(b) to arrange for interruptible transportation of Buyer's Gas on
Transporter(s)' systems if firm transportation capacity is not
available and to provide interruptible Sales Service;
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(c) to sell Natural Gas to Buyer pursuant to the Resale Service and
Sales Service described in Article 3 hereof;
(d) following the Construction Conversion Date, to construct certain
pipeline and related facilities necessary to furnish the services to
be provided hereunder; and
(e) to petition for BPU approval of the services to be rendered by
Sellers 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 by
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Buyer, Sellers shall make reasonable efforts to sell Gas to Buyer from their
systems' supplies and to arrange for the transportation of Gas through
Transporter(s)' systems for the testing of the Facility on Days other than
during a Peak Period. Sellers, in their sole discretion, may further provide
Extended Gas Service for the testing of the Facility during a Peak Period, if
requested by Buyer. If adequate service is not provided by Sellers for the
testing of the Facility, Buyer may purchase Gas from third-parties for such
testing and Sellers 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 Sellers
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or Sellers' other customers. Buyer shall have the exclusive right to use any
butane 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, Sellers shall purchase the Natural Gas acquired by Buyer
from third-parties in a volume of eighty-five thousand (85,000) Dekatherms per
Day, 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. Sellers shall provide
Resale Service of at least the Minimum Quantity of Gas and/or butane on a
continuous, year-round basis. Sellers 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, adjusted for Shrinkage, or to deliver
to Buyer at the Delivery Point quantities in excess of those sold to Sellers at
the Receipt Point(s), adjusted for Shrinkage.
3.3 Sales Service. Subject to the provisions hereof, on and after the
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Requested Service Date, in addition to the Resale Service, Sellers shall provide
a Sales Service to Buyer with deliveries ranging from a minimum volume of zero
(0) to a maximum volume of fifty-eight thousand, five hundred (58,500)
Dekatherms per Day, as nominated by Buyer pursuant to paragraph 3.12 hereof.
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3.4 Butane Service. Buyer shall provide the Butane Service described in
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paragraph 2.1(d) hereof. The initial [*] filling of the butane storage capacity
will be completed by [*] of each year and the additional two (2) refillings will
be made on the dates required by Sellers in an annual notification to be given
to Buyer not later than November 1 for butane deliveries to be made during the
ensuing winter season, unless the parties mutually agree otherwise. Buyer shall
bear all costs and liabilities attendant with this butane service, including the
cost of butane and butane storage, but excluding Sellers' costs, if any, related
thereto. [*] butane purchased by Buyer shall be dedicated for the exclusive use
at Buyer's Facility, unless Buyer, with Sellers' approval, elects to sell such
butane to a third-party. Sellers shall schedule the use of this Butane Service
pursuant to an operating schedule determined by Sellers; provided, however (i)
such schedule shall not interfere with Buyer's obligations under the Power
Purchase Agreement and (ii) butane shall be scheduled in seven thousand (7,000)
barrel per Day increments. Sellers commit to use of the [*] butane contracted
for by Buyer by March 31 of each winter season unless the parties mutually agree
otherwise. If requested by Sellers, Buyer shall use reasonable efforts to
contract for
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additional butane storage capacity, arrange for additional butane shipments, and
utilize additional butane, if operationally and environmentally possible, the
cost of which shall be borne by Sellers.
3.5 Extended Gas Service. Sellers, in their sole discretion, may provide
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Extended Gas Service to Buyer during a Peak Period, in excess of the Resale
Service and any Sales Service provided hereunder, or for testing of the
Facility, if such service is requested by Buyer.
3.6 Service Conditions. Buyer's commitment to provide the Butane Service in
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paragraph 3.4 is contingent upon Sellers' providing the Resale Service and Sales
Service at the minimum levels provided hereunder. Sellers' commitment to provide
uninterrupted service of the Minimum Quantity hereunder is contingent upon
Buyer's providing an uninterrupted Gas supply of eighty-five thousand (85,000)
Dekatherms per Day and upon Buyer's providing the [*] Butane Service in
accordance with the schedule specified by Sellers and accomplishing the delivery
of the butane to the Facility when designated by Sellers.
In addition to any other remedy Sellers may have under this Agreement,
failure by Buyer to provide all or part of the Resale Service supply (subject to
the tolerance set forth in paragraph 5.3) during a Peak Period for any reason,
including force majeure, shall proportionately reduce Sellers' commitment
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to provide the otherwise uninterruptible Minimum Quantity of Resale Service by
the amount of any such failure. Furthermore, failure by Buyer to provide the
Butane Service during a Peak Period in accordance with the operating schedule
established by Sellers shall permit Sellers to suspend the otherwise
uninterruptible Minimum Quantity of Resale Service; provided, however,
notwithstanding the other provisions of this paragraph, if Buyer's failure to
meet said schedule for butane deliveries does not coincide with any Peak
Period(s) or does not materially adversely affect Sellers' ability to render
service to Buyer during a Peak Period, Buyer shall nevertheless be entitled to
receive the Minimum Quantity hereunder.
3.7 Commencement of Service. On or before the earlier of the Construction
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Conversion Date or April 1, 1991, Buyer shall give Sellers written notice of the
Requested Service Date, which Requested Service Date shall be no earlier than
[*] after Sellers' receipt of such notice and no later [*], unless otherwise
agreed by the parties hereto. On or before October 1, 1991, Buyer shall have the
right to change the Requested Service Date by giving Sellers written notice
thereof, which change shall not vary from the initially requested date by more
than [*] Days and, in any event, shall be no earlier than March 1, 1992, and no
later than July 1, 1993. The Requested Service Date may be changed by mutual
agreement of the parties.
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3.8 Failure To Commence Service. If Buyer is prepared to accept, but Sellers
---------------------------
are unable to provide, the services hereunder on the Requested Service Date,
Sellers shall have no liability to Buyer providing Sellers have used due
diligence to have such service available, and Sellers shall continue to make all
reasonable efforts to place themselves in a position to provide the services
contemplated hereunder. Under such circumstances, [*] , Sellers shall
nevertheless provide [*] transportation for the Minimum Quantity hereunder and
arrange for [*] transportation of the balance of the Resale Service and Sales
Service volumes on Transporter(s)' systems until sufficient firm transportation
capacity is acquired by Sellers to satisfy Buyer's requirements hereunder. Under
such circumstances, [*] through March, Sellers shall make reasonable efforts to
provide [*] transportation of the Minimum Quantity hereunder and shall arrange
for the [*] transportation of the balance of the Resale Service and Sales
Service volumes on Transporter(s)' systems until sufficient firm transportation
capacity is acquired. If Sellers have not acquired sufficient firm
transportation capacity on Transporter(s)' systems to render the services
hereunder following the later of the Requested Service Date or the Date of
Initial Commercial Operation of the Facility or, after acquiring such firm
capacity, if Sellers do not retain
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the same during the term of this Agreement, Buyer may contract with third
parties to purchase fuel supplies and firm transportation capacity for the
Facility to supplement any services provided by Sellers hereunder. Buyer may
continue such purchases until sixty (60) days following Buyer's receipt of
Sellers' written notice that it can provide the required services hereunder.
Buyer shall have no obligation to perform under paragraph 3.4, and shall have
the exclusive use of any butane purchased thereunder and to modify the operating
schedule as it sees fit, until Sellers commence Resale Service and Sales Service
hereunder.
3.9 Failure To Accept Services. If Sellers are prepared to provide the
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services hereunder on or after the Requested Service Date and Buyer has not
achieved Commercial Operation of the Facility by such date, Buyer shall
reimburse Sellers [*]
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[*]
3.10 [*] paragraph 3.9, providing Sellers have furnished to Buyer on or
before such date a written representation that Sellers have entered into
contracts to acquire additional firm transportation capacity on Transporter(s)'
systems which, when in service together with other transportation capacity
available to Sellers, will be sufficient to render the services to be provided
hereunder. A copy of Sellers' written representation is attached hereto and made
a part hereof as
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Letter No. 1 in Exhibit "H". If Sellers have not furnished Buyer such written
representation by the Construction Conversion Date, Buyer's obligation to
provide the letter of credit shall be suspended until [*] Days following
Buyer's receipt of Sellers' written representation.
Within [*] Days of Buyer's receipt of Sellers' written representation
that the FERC has approved Transporter(s)' application(s) to furnish Sellers
additional firm transportation capacity on their systems which, when in service
together with other transportation capacity available to Sellers, will be
sufficient to permit Sellers to render firm delivery services for at least the
Minimum Quantity hereunder in accordance with the terms of this Agreement, Buyer
shall provide Sellers an additional irrevocable letter of credit [*],as further
security for Buyer's potential [*] reimbursement obligation. A copy of Sellers'
written representation is attached hereto and made a part hereof as Letter No. 2
in Exhibit "H".
Within [*] Days of Buyer's receipt of Sellers' written
representation that they are prepared to render Buyer firm, uninterruptible
transportation service of at least the Minimum Quantity on a year-round basis in
accordance with the terms of this Agreement, Buyer shall provide Sellers an
additional irrevocable letter of credit [*] as final security for Buyer's
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potential [*] reimbursement obligation. Upon the receipt of such letter of
credit, Sellers shall have the obligation to provide firm transportation of the
Minimum 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 Sellers'
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 Sellers [*] in accordance with paragraph
3.9, Sellers may draw upon 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 [*] Days after the Date of Initial Commercial Operation of the
Facility. Prior to the Date of Initial Commercial Operation of the Facility,
Buyer shall have no obligation to reimburse Sellers [*] other than the amounts
specified in paragraph 3.9 hereof.
3.11 Delayed Commencement of Service. If Buyer is unable to accept, but
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Sellers are prepared to provide, the services
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hereunder on or after the Requested Service Date, Sellers shall not be obligated
to commence services hereunder until [*] following Sellers' receipt of written
notice from Buyer of the new date on which Buyer requests Sellers to commence
Resale Service and Sales Service hereunder. In such event, Sellers shall use
reasonable efforts to commence services as soon as possible after the receipt of
such notice.
3.12 Nominations. Whenever reasonably requested by Sellers, Buyer shall
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provide Sellers with its best forecast of the Gas requirements for Sales Service
and Resale Service. At least twenty-four (24) hours in advance of each Day,
Buyer shall give Sellers notice of its best estimate of the quantities of Sales
Service and Resale Service that Buyer will require for the next Day to enable
Sellers to comply with the scheduling provisions of Transporter(s). Sellers
shall not be obligated, but shall use reasonable efforts to provide, volumes in
excess of those specified in such notification by Buyer. In addition to any
butane used at the Facility in accordance with paragraph 3.15 hereof, unless
specifically agreed otherwise by the parties, Resale Service deliveries shall be
scheduled to meet the first eighty-five thousand (85,000) Dekatherms per Day of
Gas required at the Facility. Sales Service deliveries shall be scheduled to
meet the remaining Gas requirements of the Facility. Buyer shall receive and
Sellers shall deliver at the Delivery Point the nominated quantities as nearly
as
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possible at uniform hourly rates. Buyer may reduce the scheduled daily
quantities hereunder during any Day, without regard to any prior nomination, by
notifying Sellers, as far in advance as possible but in no event later than [*]
any reduction in the nominated quantities and twenty-four (24) hours in advance
of a reduction in combined Resale Service and Sales Service volumes in excess of
[*] Dekatherms per Day. Any such changes shall be kept to the minimum permitted
by operating conditions or as required by the Power Purchase Agreement. Buyer's
notices shall also include the expected duration of such reduction.
3.13 Interruptions; Minimum Quantity. Notwithstanding anything to the
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contrary herein, upon [*] notice to Buyer, during any Peak Period, Sellers may
fully interrupt the Sales Service and may curtail the Resale Service down to the
Minimum Quantity. Sellers' obligation to deliver the Minimum Quantity shall be
subject to Buyer fulfilling the commitments set forth in paragraph 3.6 hereof.
Sellers shall have the option of substituting butane for Natural Gas upon [*]
notice to satisfy their Resale Service Minimum Quantity obligation. If Buyer
uses quantities of Gas in excess of the quantities provided herein during
periods of interruption or curtailment in Peak Periods, Sellers shall have the
right to limit deliveries to the authorized quantities and all such unauthorized
overrun quantities shall be subject to the penalty
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provided in PSE&G's CIG or successor tariff for Gas used during interruptions.
3.14 Quantity Adjustments. No later than [*] Days prior to the end of the
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first Annual Period, Buyer and Sellers shall negotiate in good faith to adjust
the quantities of Sales Service Gas to be provided hereunder, to correspond with
the actual fuel requirements of the Facility needed to satisfy Buyer's
obligations under the Power Purchase Agreement. Such adjustment shall not exceed
seven thousand (7,000) Dekatherms per Day. After the fifteenth (15th) Annual
Period, Buyer and Sellers shall negotiate in good faith to further adjust the
quantities of Gas and butane to be provided hereunder, to correspond with the
anticipated fuel requirements of the Facility to reflect any anticipated changes
in electricity purchases by Con Ed under the Power Purchase Agreement.
3.15 Exclusivity. Except for the butane purchased pursuant to this Agreement
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and up to 4,000 barrels per Day of butane purchased from Exxon during the May 1
through November 1 period, Buyer agrees that Natural Gas transported and/or sold
by Sellers under this Agreement, including volumes delivered pursuant to
paragraph 3.1 hereof, shall be the sole source of fuel for the Facility during
the term of this Agreement; provided, however, during periods of service
interruption or curtailment by Sellers hereunder or during periods when all of
the Sales Service Gas and required firm transportation capacity
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for Resale Service is not available, Buyer may purchase and/or have transported
Natural Gas or other fuels from suppliers other than Sellers to the extent
needed by Buyer to supplement the quantities available from Sellers hereunder.
During such periods of fuel substitution, Sellers will cooperate with Buyer to
utilize Sellers' local distribution systems on an economically appropriate and
non-discriminatory basis.
3.16 Emergency Curtailments. Sellers shall have the right to curtail
----------------------
deliveries hereunder in the event of an emergency on Transporter(s)' or Sellers'
systems which affect service hereunder. Buyer shall be responsible for any
penalties assessed by Transporter(s) due to Buyer's refusal to reduce Natural
Gas usage after notification of any such emergency.
ARTICLE 4
RATES AND CHARGES
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4.1 Testing Service. The price per Dekatherm payable by Buyer to Sellers
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for the delivery of any Gas for the testing of the Facility prior to the
Requested Service Date shall be equal to the price payable for the respective
services under paragraphs 4.2, 4.3 and 4.5 hereof. If Sellers do 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
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per Dekatherm payable by Buyer to Sellers for the delivery of such third-party
Gas shall be equal to the sum of:
(a) [*]
(b) [*]
4.2 Resale Service. The price per Dekatherm payable by Buyer for the Resale
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Service in any month shall be equal to the sum of:
(a) [*]
(b) [*]
(c) [*]
4.3 Sales Service. The price per Dekatherm payable by Buyer for the Sales
-------------
Service in any month during the period from April 1 through November 30 shall be
equal to the sum of:
(a) [*]
(b) [*]
-25-
[*]
(c) [*]
For the period from December 1 through March 31, the monthly price per
Dekatherm payable by Buyer for the first thirty thousand (30,000) Dekatherms per
Day of Sales Service shall be equal to the sum of (a), (b) and (c) of this
paragraph 4.3. For any amounts of Sales Service exceeding [*] during said
December 1 through March 31 period, the price payable by Buyer per Dekatherm for
such amounts each month shall be equal to the sum of (a), (b) and (c) of this
paragraph 4.3 plus an additional charge equal to Sellers' [*].
4.4 Butane Service. Buyer shall be responsible for paying all costs
--------------
associated with the [*] thousand [*] barrels of Butane Service during each
November 1 through March 31 period, as provided in paragraph 3.4. Buyer shall
not be obligated to pay Sellers for the basic [*] barrels of Butane Service
utilized by Buyer in lieu of Natural Gas hereunder. If Butane Service in excess
of [*] thousand [*] barrels during each November 1 through March 31 period is
provided pursuant to Sellers' request under paragraph 3.4,
-26-
Sellers shall pay all incremental costs for such excess Butane Service and Buyer
shall pay for such butane deliveries at a price per Dekatherm equal to the price
per Dekatherm for Resale Service Gas hereunder.
4.5 Extended Gas Service. The price payable by Buyer per Dekatherm for the
--------------------
Extended Gas Service in excess of the Resale Service and any Sales Service shall
be equal to the sum of:
(a) [*]
(b) [*]
(c) [*]
ARTICLE 5
DELIVERY AND RECEIPT
--------------------
5.1 Receipt Point(s). The Natural Gas to be received by Sellers from Buyer
----------------
in connection with the Resale Service hereunder shall be delivered at the
Receipt Point(s).
-27-
5.2 Delivery Point. The Natural Gas to be sold by Sellers to Buyer in
--------------
connection with the Resale Service, Sales 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
---------
caused to be delivered by Buyer to Sellers at the Receipt Point(s) in connection
with the Resale Service hereunder on any Day shall be redelivered by Sellers 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 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 Sellers 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
-28-
varies from Buyer's monthly deliveries of Gas at the Receipt Point(s) by more
than [*] percent [*] during the period April through November, for any such
variation above [*] percent [*] Buyer shall be subject to a penalty of [*] per
Dekatherm, as adjusted by changes in Sellers' [*] as set forth below.
Of the total quantity of Gas purchased by Buyer on each Day, the
Resale Service quantity used shall be deemed to be the nominated quantity under
paragraph 3.12 or the total quantity, whichever is less. The Sales Service
quantity used shall be the difference between the total quantity used and the
Resale Service quantity used. 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
Sellers.
Imbalances on a daily basis between the nominated Sales Service and
Resale Service quantities and the quantities actually used, in excess of [*]
percent [*] of the 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
Sellers' [*], relative to the [*] which were in effect during the first Annual
Period or 1992, as appropriate.
-29-
Buyer shall be obligated to pay the higher of the monthly or daily
penalties assessed by Sellers, if any, but shall not be obligated to pay both
penalties. Furthermore, if any imbalance related to Buyer's operations under the
Resale Service and Sales Service hereunder results in any penalties being
applied to Sellers by Transporter(s), Sellers 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 Sellers in
----------------------------
connection with the Resale Service hereunder will pass from Buyer to Sellers at
the Receipt Point(s), unless Buyer and Sellers 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), Sellers will be deemed
to be in exclusive 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 Sellers to Buyer in
--------------------------
connection with the Resale Service will pass from Sellers to Buyer at the
Delivery Point, unless Buyer
-30-
and Sellers mutually agree to transfer title at another point. Until the Gas
reaches the Delivery Point, Sellers 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 Sales Service Gas. As between the parties hereto, Sellers will be
-----------------
deemed to be in exclusive control and possession of, and fully responsible for,
all Gas purchased by Buyer where Sellers are providing Sales Service until such
time as Sellers deliver the Gas to the Delivery Point after which Buyer shall be
deemed to be in exclusive control and possession of, and fully responsible for,
such Gas.
6.4 Title. Buyer, as to all Gas delivered by it to Sellers, and Sellers, as
-----
to all Gas delivered by them 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 or the good right to deliver such
Gas free and clear of all liens, encumbrances and claims whatsoever, with the
exception of the security interest in Buyer's Gas held by GEPFC 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
-31-
third party or parties for any royalties, taxes, license fees or charges
applicable to such Gas or to the delivery thereof.
6.5 Insurance. Sellers shall maintain liability coverage and/or insurance
---------
on their facilities utilized and activities performed in connection with this
Agreement, sufficient to cover the cost of any injury sustained by Buyer and
caused by Sellers. Buyer shall maintain liability insurance on its facilities
utilized and activities performed in connection with this Agreement, sufficient
to cover the cost of any injury sustained by Sellers and caused by Buyer.
ARTICLE 7
TERM
----
7.1 Base Term. The term of this Agreement shall be twenty-five (25) Annual
---------
Periods (herein referred to as "Base Term"); provided, however, the Sales
Service to be provided hereunder shall terminate after fifteen (15) Annual
Periods, and shall not extend beyond June 30, 2008, unless extended as
hereinafter provided.
7.2 Extended Term. At the end of the thirteenth (13th) Annual Period of
-------------
this Agreement, Sellers may elect to extend the fifteen (15) Annual Period term
of the Sales Service for an additional ten (10) Annual Periods. In the event
Sellers fail to do so, the Resale Service provided hereunder shall be increased
during Annual Periods sixteen (16) through
-32-
twenty-five (25) from eighty-five thousand (85,000) Dekatherms per Day to one
hundred and forty-three thousand, five hundred (143,500) Dekatherms per Day, in
order to replace the terminated Sales Service hereunder. At the end of the Base
Term, the Resale Service and/or the Sales Service shall be automatically renewed
for two (2) successive five (5) Annual Periods, the first of which will commence
with the expiration of the Base Term, unless either Party elects to terminate
this Agreement at the expiration of the Base Term or at the expiration of the
first five-Annual Period renewal term. Such termination shall be valid only if
the terminating party provides written notice of its intent to terminate to the
other party at least six (6) full Annual Periods prior to the expiration of the
applicable 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 majeure, Commercial Operation of the Facility does not commence
by September 12, 1995.
ARTICLE 8
ACCOUNTING AND PAYMENT
----------------------
8.1 Payment. By the tenth (10th) Day of each month, Buyer will calculate all
-------
sums payable to it by Sellers for deliveries at the Receipt Point(s) under this
Agreement during
-33-
the preceding month and will deliver its invoice to Sellers showing thereon full
billing details. By the fifteenth (15th) Day of the month, Sellers will
calculate all sums payable to them by Buyer for services during the same period,
and Sellers will deliver their invoice to Buyer showing thereon full billing
details. If Sellers' invoice amount to Buyer exceeds Buyer's invoice amount to
Sellers, the difference will be due and payable to Sellers by Buyer by the
twenty-first (21st) Day of the month. If Buyer's invoice to Sellers exceeds
Sellers' invoice to Buyer, the difference will be due and payable to Buyer by
Sellers by the twenty-first (21st) Day of the month. If Con Ed fails to pay
Buyer under the Power Purchase Agreement by the twentieth (20th) Day of the
month, Buyer's obligation to pay Sellers shall be suspended from the twenty-
first (21st) Day of the Month until one (1) Day following Buyer's receipt of Con
Ed's payment, but, in such a case, Buyer's obligation to pay Sellers shall not
be suspended past the twenty-fifth (25th) Day of the month. If Buyer or Sellers
fail 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, Sellers' or Buyer's
invoice will be
-34-
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.
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 Sellers or
Buyer or to such other address as Sellers 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 Sellers' or Buyer's
competitive position, Buyer or Sellers, 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
-35-
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.
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 bill 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 GEPFC or General Electric Capital Corporation or other security
acceptable to the other party, guaranteeing payment to the billing party of the
amount in dispute, then the
-36-
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.
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 the Prime Rate
published weekdays in the Wall Street Journal, 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
-37-
Receipt Point(s) in accordance with Transporter(s)' FERC Gas Tariff(s).
Sellers will have installed and maintain at their own expense such
measuring equipment, including 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.
Sellers 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. Buyer
may have its representatives present at the test of such equipment. Sellers will
follow the standards of the BPU with regard to the testing and accuracy of
measuring equipment. Buyer may maintain at its own expense check measuring
equipment; provided, however, Sellers' measuring equipment shall be used for all
determinations of quantities delivered hereunder.
9.2 Pressure. Natural Gas delivered to Sellers 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 Sellers to Buyer at the Delivery Point shall be at Sellers' system
operating pressure, which shall be no lower than 375 psig.
-38-
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 Sellers 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. Sellers shall be required to construct certain
-----------------------
facilities to provide the services contemplated hereunder to the Facility. Such
facilities shall include a pipeline from Transporter(s)' and/or Sellers' systems
to the Delivery Point, in addition to necessary metering and regulating devices.
The cost of those facilities is estimated [*]. Upon thirty (30) days
-39-
prior written notice of Sellers' intent to commit to spend any significant sums
for the permitting and construction of the subject facilities, Buyer agrees to
provide as security irrevocable letters of credit payable to Sellers for the
approximate amount of such estimates, in [*] increments, up to a total maximum
obligation of [*]. Buyer shall not be required to provide the first letter of
credit prior to the Construction Conversion Date. This obligation and the
letters of credit will be reduced by [*] for every Dekatherm of Gas that Sellers
deliver to the Facility. If by the earlier of June 1, 1996, the end of the [*]
or at such time that Buyer is no longer proceeding with due diligence toward the
Commercial Operation of the Facility, any balance remains under the letter of
credit, Buyer will pay Sellers such balance within ten (10) Days from receipt of
a written demand for such payment or, absent payment by this date, Sellers may
draw upon the letters of credit for the same, but only up to the amount of
expenses incurred or committed to by Sellers 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
-40-
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 wells 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;
(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 Sellers to perform their obligations under this Agreement,
including, but not limited to, actions or inactions restricting the
ability of Buyer or Sellers to acquire Gas or obtain transportation of
Gas;
(i) The imposition by an operator of facilities (other than Buyer or
Sellers),
-41-
at any point at which Gas to be purchased and sold under this
Agreement is received by or delivered to Buyer, or Sellers, of quality
and pressure conditions that materially impair the ability of either
Buyer or Sellers to perform their obligations under this Agreement;
(j) The occurrence of any event of "force majeure" under Article 20 of
the Power Purchase Agreement; and
(k) Sellers' 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.
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 Sellers [*] applicable to the Resale Service for force
majeure occurrences of five (5) Days or less duration, or to Buyer's obligations
under paragraphs 3.9, 3.10 and 10.1 hereof.
-42-
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 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, Sellers shall have the right to
terminate this Agreement upon [*] days prior written notice to Buyer; provided,
however, Sellers shall not have the right to terminate this Agreement until [*]
following such occurrence, assuming Buyer's inability to perform continues
during that period, if Buyer pays Sellers on a monthly basis after such [*]
month period Sellers' [*] allocable to the Minimum Quantity. If an occurrence of
force majeure renders Sellers unable to carry out their obligations hereunder
and such inability continues for a period
-43-
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 Sellers.
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
Sellers' rights to draw upon, the letters of credit provided by Buyer under this
Agreement.
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
-44-
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
--------
Sellers shall fail to perform any obligations imposed upon them 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, 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
[*] after receipt of the aforesaid notice in which to remedy or remove the cause
or causes stated in the notice. If within said [*], 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 [*]
-45-
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 Right to Cure. In the event either PSE&G or Elizabethtown fails to
-------------
satisfy its commitments hereunder, the non-defaulting Seller shall have the
first right but not the obligation to cure any breach by the defaulting Seller;
if the non-defaulting Seller does not elect to cure any such breach, within
[*] days of Sellers' receipt of Buyer's prior written notice of the
same, Buyer shall have the right, but not the obligation, to cure the default
and Sellers shall have no right to object to a third-party's assumption and
satisfaction of the defaulting Seller's obligations relating to such defaults.
13.3 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 [*] Days, or does not indemnify the party not in default, then this
Agreement, at the option of the non-defaulting party, shall be terminated as to
the parties involved in such default and be of no further force or effect from
and after the expiration of said [*] Day period.
Any terminations of this Agreement pursuant to paragraph 13.3 shall be
without prejudice to the right of the
-46-
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 Sellers agree to act with due diligence and cooperate
with each other in seeking such approvals or authorizations.
14.2 BPU Approval. All of Sellers obligations set forth herein are subject
------------
to approval by the BPU upon terms and conditions acceptable to the parties in
their sole discretion. Sellers agree in seeking such approval to request the BPU
to approvel 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 Sellers'
--------------------------------------------------
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, permits
and authorizations must be acceptable to all parties in their sole discretion.
-47-
Upon Sellers' receipt of any regulatory authorization or governmental
permit that has a potential adverse impact on Buyer, Sellers 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 Sellers whether the terms and conditions of such authorization are
satisfactory to Buyer, and, thereafter, immediately following Sellers'
acceptance or rejection of such authorization, Sellers shall give notice to
Buyer of its acceptance or rejection. Sellers 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 Sellers' obligations are subject
--------------------------
to the construction and placing in service of specific facilities. To the extent
Sellers are responsible for such construction, Sellers agree, 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
letter(s) of credit required in paragraph 10.1.
-48-
Within sixty (60) Days of Sellers' execution of this Agreement, Sellers
shall furnish Buyer a schedule showing their 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. Sellers 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 November 1, 1991.
To the extent that Transporter(s) are responsible for the construction of
any required facilities, following the receipt of the letters of credit
specified in paragraph 3.10, Sellers agree to act with due diligence to cause
Transporter(s) to construct and place in service such facilities. Commencing
October 1, 1990, Sellers shall provide Buyer with quarterly reports as to the
status of any regulatory authorizations required by Transporter(s) to permit
Sellers to render the services hereunder and as to the progress of any
construction of facilities by Transporter(s), equivalent to reports given to
Sellers' 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
-49-
progress in carrying out their respective obligations under this Agreement.
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 Sellers 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. In connection therewith, Sellers will execute an appropriate
consent to any such pledge, mortgage or assignment as reasonably requested by
such lender. In addition, Sellers will execute an appropriate consent in favor
of the limited partner of Buyer as reasonably requested by GEPFC. Any such
consent will acknowledge, in effect, that this
-50-
Agreement has been duly authorized and is valid and enforceable against Sellers
and that this Agreement is in full force and effect, that Sellers will not agree
to any amendment to this Agreement without the lender's or the limited partner's
approval in writing, which approval shall not be unreasonably withheld by the
lender or the limited partner, that Sellers will make all payments due to Buyer
hereunder in accordance with the instructions of the lender or the limited
partner, as the case may be, that Sellers 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 lender and the limited partner 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 (2)
years, if the lender or the limited partner in good faith is endeavoring to
obtain possession of the Facility and pays [*] for the Resale Service quantity
during such period), that Sellers will deliver to the lender and the limited
partner 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 lender or
the limited partner exercises its rights under its loan documentation or
partnership documentation with Buyer, Sellers will accept performance by the
lender, the limited partner or any successor or assign thereof, provided that
the lender, the limited partner or any such successor or assign pays all sums
then due to Sellers hereunder and is also otherwise in
-51-
compliance with this Agreement, as Sellers may consent to in writing, which
consent shall not be unreasonably withheld. Sellers hereby agree that their
consent shall not be required with respect to General Electric Company, General
Electric Capital Corporation, GEPFC, the limited partner of Buyer or any other
affiliated or related entity of General Electric Company.
ARTICLE 16
ECONOMIC CHANGES
----------------
16.1 Rate Changes. At least five (5) Days prior to the beginning of each
------------
month, Sellers will serve on Buyer their calculation of the Commodity Cost, and
at least five (5) Days prior to each November 1, their calculation of the
Average Cost of Interstate Transportation, Weighted Average Cost of Storage and
other appropriate pricing determinations. The rates included in such filing
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.
-52-
16.2 Service Conversion. In the event Sellers' Commodity Cost of Gas in any
------------------
Annual Period exceeds by more than [*] of Gas during such Annual Period, and if
the average price of Sales Service Gas, excluding any [*] charges, exceeds the
price of Resale Service Gas by more than [*] percent [*] for such Annual Period,
Buyer shall have the right to notify Sellers within sixty (60) days of the end
of such Annual Period that Buyer desires to convert the Sales Service to Resale
Service. Such conversion shall be effective on the first Day of the Annual
Period next succeeding Buyer's notice to Sellers providing Sellers' [*]
continues to exceed by more than [*] percent [*] Con Ed's [*] for the Annual
Period in which Buyer's notice occurred and if the average price of the Sales
Service Gas, excluding any [*] charges, continues to exceed the price of the
Resale Service Gas by more than [*] percent [*] for such Annual Period. Such
conversion would be for the remaining term of this Agreement and all of Sellers'
Sales Service obligations would terminate commencing with such conversion.
16.3 Taxes, Assessments or Other Charges. [*]
-----------------------------------
-53-
[*]
16.4 Amendment of Power Purchase Agreement. In the event Buyer and Con Ed
-------------------------------------
amend their Power Purchase Agreement in a manner which has a material economic
impact on Sellers 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 section 11.2 of the
Power Purchase Agreement, as of the date of this Agreement, Sellers shall have
the right to renegotiate this
-54-
Agreement so as to place Sellers in substantially the same economic position
that they experienced prior to the amendment of the Power Purchase Agreement.
Buyer agrees to give Sellers reasonable prior notice before amending the Power
Purchase Agreement and provide Sellers with a copy of any amendment within ten
(10) Days of its execution.
16.5 Letters of Credit. Any letter of credit provided by Buyer hereunder as
-----------------
security for Buyer's obligations to Sellers shall be subject to the prior review
and approval of Sellers and shall contain terms and conditions reasonably
acceptable to Sellers. Other than GEPFC or General Electric Capital Corporation,
the issuers of such security shall also be subject to Sellers' 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: COGEN TECHNOLOGIES LINDEN VENTURE, L.P.
1600 Smith Street
Suite 5000, 50th Floor
Houston, TX 77002
Attn: H. Fred Levine
Telecopier: (713) 951-7745
-55-
Twenty-four Hour Dispatch Contact:
----------------------------------
During Business Hours: Lawrence D. Thomas
After Business Hours: H. Fred Levine
Payment, Wire Transfer:
COGEN TECHNOLOGIES LINDEN VENTURE, L.P.
(to be provided)
----------------
SELLERS: Notices:
--------
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
80 Park Plaza
25th Floor
Newark, NJ 07101
Attn: Vice President Gas Supply
Telecopier: (201) 643-8385
ELIZABETHTOWN GAS COMPANY
One Elizabethtown Plaza
Union, NJ 07083
Attn: Director of Gas Supply
Telecopier: (201) 289-1370
Twenty-four Hour Dispatch Contact:
----------------------------------
During Business Hours: (201) 430-5075
After Business Hours: (201) 430-5075
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 3.13 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 3.12
-56-
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
sent, 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 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.
-57-
18.5 No modification or amendment to this Agreement shall be effective,
unless such modification or amendment is in writing.
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 Sellers 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, (ii)
Con Ed for the purpose of complying with section 4.6 of the Power Purchase
Agreement and (iii) 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 Sellers shall cooperate with Buyer in connection with Buyer's efforts
to purchase gas for the Resale Service 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 The performance of Sellers' obligations hereunder shall be [*] percent
[*] the responsibility of PSE&G and [*] percent [*] the responsibility of
Elizabethtown. The rights and obligations of Sellers are several, but not joint,
-58-
and neither company shall be liable for the non-performance of the other.
18.9 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
Sellers and one (1) jointly selected by the arbitrators selected by Buyer and
Sellers. 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.
-59-
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.
SELLERS:
-------
WITNESS: PUBLIC SERVICE ELECTRIC AND GAS COMPANY
/s/ PATRICK J. KEELEY By /s/ JOHN A. GARTMAN
Title Vice President Gas Supply and Planning
WITNESS: ELIZABETHTOWN GAS COMPANY
/s/ PATRICK J. KEELEY By /s/ THOMAS E. SMITH
Title Assistant Vice President Supply & Planning
Subject to ratification by Board of Directors
BUYER:
------
COGEN TECHNOLOGIES LINDEN VENTURE, L.P.
(D/B/A Cogen Technologies Linden
Venture, Limited Partnership)
By: Cogen Technologies Linden, Ltd.
(D/B/A Cogen Technologies Linden,
Limited Partnership), a Texas
limited partnership, its general partner
By: Cogen Technologies, Inc.,
a Texas corporation, its general partner
WITNESS: By: /s/ H. FRED LEVINE
/s/ ESTALEETA WATSON Title: Vice President
-60-
STATE OF NEW JERSEY, COUNTY OF ESSEX, ss.
On this the 27th day of July, 1990, before me, Anna Burns, the
undersigned officer, personally appeared, John A. Gartman, 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/ Anna Burns
Notary
Notary Public in and for the State of New Jersey.
-61-
STATE OF NEW JERSEY, COUNTY OF ESSEX, ss.
On this the 27th day of July, 1990, before me, Anna Burns, the
undersigned officer, personally appeared, Thomas E. Smith, known to me to be the
person whose name subscribed to the within instrument and acknowledged that
Elizabethtown Gas Company executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand and official
seal.
/s/ Anna Burns
Notary
Notary Public in and for the State of New Jersey.
-62-
STATE OF TEXAS, COUNTY OF HARRIS, ss.
On this the 17th day of July, 1990, before me, Mary Ann McLendon, the
undersigned officer, personally appeared, H. Fred Levine, known to me to be the
person whose name subscribed to the within instrument and acknowledged that
Cogen Technologies, Inc., as General Partner of Cogen Technologies Linden, Ltd.
(D/B/A Cogen Technologies Linden, Limited Partnership), in turn acting as
General Partner of Cogen Technologies Linden Venture, L.P. (D/B/A Cogen
Technologies Linden Venture, Limited Partnership) executed the same for the
purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
/s/ MARY ANN McLENDON
____________________________________
Notary
Notary Public in and for the State of Texas.
-63-
EXHIBIT A
[*]
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. NO. 10 GAS ORIGINAL SHEET NO. 1
EXHIBIT B
PSE&G BASE RATES
TARIFF FOR GAS SERVICE
Applicable in
territory served as shown on
Sheets Nos. 3 through 5 of this Tariff
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
GENERAL OFFICES
80 PARK PLAZA
NEWARK, NEW JERSEY 07101
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by FREDICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 NO. 2
SUPERSEDING
P.U.C.N.J. NO. 10 GAS Second 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
Raw Material 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 STREET
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: January 16, 1989 Effective: January 12, 1989
Issued by FREDERICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated January 12, 1989
in Docket No. ER85121163
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 Rochelle Park, Township of
Cliffside Park, Borough of Rockleigh, Borough of
Closter, Borough of Rutherford, Borough of
Cresskill, Borough of Saddle Brook, Township of
Demarest, Borough of Saddle River, Borough of
Dumont, Borough of South Hackensack, Township of
East Rutherford, Borough of Teaneck, Township of
Edgewater, Borough of Tenafly, Borough of
Elmwood Park, Borough of Teterboro, Borough of
Emerson, Borough of Upper Saddle River, Borough of
Englewood, City 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 Lee, Borough of Woodcliff Lake, Borough of
Franklin Lakes, Borough of Wood-Ridge, Borough of
Garfield, Borough of Wyckoff, Township of
Glen Rock, Borough of
Hacksensack, City of BURLINGTON COUNTY
Harrington Park, Borough of
Hasbrouck Heights, Borough of Beverly, City of
Haworth, Borough of Bordentown, City of
Hillsdale, Borough of Bordentown, Township of
Ho-Ho-Kus, Borough of Burlington, City of
Leonia, Borough of Burlington, Township of
Little Ferry, Borough of Chesterfield, Township of
Lodi, Borough of Cinnaminson, Township of
Lyndhurst, Township of Delanco, Township of
Mahwah, Township of Delran, Township of
Maywood, Borough of Eastampton, Township of
Midland Park, Borough of Edgewater Park, Township of
Montvale, Borough of Evesham, Township of
Moonachie, Borough of Fieldsboro, Borough of
New Milford, Borough of Florence, Township of
North Arlington, Borough of Hainesport, Township of
Northvale, Borough of Lumberton, Township of
Norwood, Borough of Mansfield, Township of
Oakland, Borough of Maple Shade, Township of
Old Tappan, Borough of Medford, Township of
Oradell, Borough of Moorestown, Township of
Palisades Park, Borough of Mount Holly, Township of
Paramus, Borough of Mount Laurel, Township of
Park Ridge, Borough of New Hanover, Township of
Ramsey, Borough of North Hanover, Township of
Ridgefield, Borough of Palmyra, Borough of
Pemberton, Borough of
Pemberton, Township of
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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. 4
TERRITORY SERVED
(Continued)
BURLINGTON COUNTY -- Continued GLOUCESTER COUNTY
Riverside, Township of Deptford, Township of
Riverton, Borough of National Park, Borough of
Southampton, Township of West Deptford, Township of
Springfield, Township of Westville, Borough of
Westampton, Township of Woodbury, City of
Willingboro, Township of
Woodland, Township of HUDSON COUNTY
Wrightstown, Borough of
Bayonne, City of
CAMDEN COUNTY East Newark, Borough of
Guttenberg, Town of
Audubon, Borough of Harrison, Town of
Audubon Park, Borough of Hoboken, City of
Barrington, Borough of Jersey City, City of
Bellmawr, Borough of Kearny, Town of
Brooklawn, Borough of North Bergen, Township of
Camden, City of Secaucus, Town of
Cherry Hill, Township of Union City, City of
Collingswood, Borough of Weehawken, Township of
Gloucester, City of West New York, Town of
Haddon, Township of
Haddonfield, Borough of HUNTERDON COUNTY
Haddon Heights, Borough of
Lawnside, Borough of East Amwell, Township of
Merchantville, Borough of Readington, Township of
Mount Ephraim, Borough of Tewksbury, Township of
Oaklyn, Borough of
Pennsauken, Township of MERCER COUNTY
Tavistock, Borough of
Wood-Lynne, Borough of East Windsor, Township of
Ewing, Township of
ESSEX COUNTY Hamilton, Township of
Hightstown, Borough of
Belleville, Town of Lawrence, Township of
Bloomfield, Town of Princeton, Borough of
Caldwell, Borough of Princeton, Township of
Cedar Grove, Township of Trenton, City of
East Orange, City of Washington, Township of
Essex Falls, Borough of West Windsor, Township of
Fairfield, Borough of
Glen Ridge, Borough of MIDDLESEX COUNTY
Irvington, Town of
Livingston, Township of Cranbury, Township of
Maplewood, Township of Dunellen, Borough of
Millburn, Township of East Brunswick, Township of
Montclair, Town of
Newark, City of
North Caldwell, Borough of
Nutley Town of
Orange, City of
Roseland, Borough of
South Orange, Village of
Verona, Borough of
West Caldwell, Borough of
West Orange, Town of
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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. 5
TERRITORY SERVED
(Continued)
MIDDLESEX COUNTY -- Continued 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 Clifton, 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
West Paterson, Borough of
MONMOUTH COUNTY
SOMERSET COUNTY
Allentown, Borough of
Millstone, Township of Bedminster, Township of
Roosevelt, Borough of Bernards, Township of
Upper Freehold, Township of Bernardsville, Borough of
Bound Brook, Borough of
Branchburg, Township of
MORRIS COUNTY Bridgewater, Township of
Far Hills, Borough of
Butler, Borough of Franklin, Township of
Chatham, Borough of Green Brook, Township of
Chatham, Township of Hillsborough, Township of
Chester, Borough of Manville, Borough of
Chester, Township of Millstone, Borough of
Denville, Township of Montgomery, Township of
East Hanover, Township of North Plainfield, Borough of
Florham Park, Borough of Peapack-Gladstone, Borough of
Hanover, Township of Raritan, Borough of
Harding, Township of Rocky Hill, Borough of
Jefferson, Township of Somerville, Borough of
Kinnelon, Borough of South Bound Brook, Borough of
Madison, Borough of Warren, Township of
Mendham, Borough of Watchung, Borough of
Mendham, Township of
Morris, Township of UNION COUNTY
Morris Plains, Borough of
Morristown, Town of Berkeley Heights, Township of
Parsippany-Troy Hills, Township of New Providence, Borough of
Passaic, Township of Plainfield, City of
Pequannock, Township of Springfield, Township of
Randolph, Township of Summit, City of
Riverdale, Borough of
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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. 6
Superseding
P.U.C.N.J. No. 10 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. Application 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........... 15
8.14. Returned Check Charge......... 15
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 ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY First Revised Sheet No. 7
Superseding
P.U.C.N.J. No. 10 GAS Original 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
contributions 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 this 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.
Customer 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 and 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 services might affect the supply of 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 rate 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 operating 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
bill the customer under the rate schedule so selected from the date of
last scheduled 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 or
provision shall 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 FREDRICK R. DE. SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated February 13, 1987
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY First Revised Sheet No. 8
Superseding
P.U.C.N.J. No. 10 GAS Original 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 bill for such
temporary period.
Upon closing any account, the balance of any deposit remaining after the
closing bill 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.
Simple interest at the rate of 9% per annum 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.
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 bill 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 promptly 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: February 20, 1987 Effective: February 16, 1987
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated February 13, 1987
in Docket No. ER85121163
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 the 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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 a nature which will
fulfill 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 4 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 judgment 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 the 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 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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 for 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 of 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 be 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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 No.12
Superseding
P.U.C.N.J. No. 10 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 of 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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated February 13, 1987
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY Fourth Revised Sheet No. 13
Superseding
P.U.C.N.J. No. 10 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 ownership 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 ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY Second Revised Sheet No. 14
Superseding
P.U.C.N.J. No. 10 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 billings 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
bill, 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 amounts 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 date for the immediately preceding month.
8.12. Payment of Bills: At least 10 days time for payment shall be allowed after
sending a bill. 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 bill, 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 ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 bill 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 of
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
later 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 bill. 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 bill due for service furnished
at a present or previous location. However, non-payment for business
service shall not be a reason for discontinuance of 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 ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY Second Revised Sheet No. 16
Superseding
P.U.C.N.J. No.10 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 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 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
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 not 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 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.
11.2. At 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 nonpayment of any bill due.
Date of Issue: October 3, 1989 Effective: September 25, 1989
Issued by ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY First Revised Sheet No. 17
Superseding
P.U.C.N.J. No. 10 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 by 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 ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GX8509901
PUBLIC SERVICE ELECTRIC AND GAS COMPANY Fourth Revised Sheet No. 19
Superseding
P.U.C.N.J. No. 10 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 (cents)
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 ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GR89060622
PUBLIC SERVICE ELECTRIC AND GAS COMPANY Forty-Fifth Revised Sheet No. 19A
Superseding
P.U.C.N.J. No. 10 GAS Forty-Fourth 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............................................... 38.6400(cents)
=========
No. 4 oil............................................... 32.6200(cents)
=========
No. 6 oil............................................... 28.0100(cents)
=========
Higher than 1.5% Sulfur No. 6 oil....................... 26.4581(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 July 1990...................... 21.3200(cents)
ADJUSTED FOR:
.Losses at 1.5 percent............................... 21.6447(cents)
.A contribution of 1 cent............................ 22.6447(cents)
.GRI Surcharge at .126 cents......................... 22.7707(cents)
.Gross Receipts taxes at 13.7700 percent and BPU
assessment at .1667 percent......................... 26.4581(cents)
=========
MARKETABILITY PRICE OF ALTERNATE FUEL:
No. 2 oil............................................... 38.6400(cents)
=========
No. 4 oil............................................... 32.6200(cents)
=========
0.3% Sulfur No. 6 oil................................... 28.0100(cents)
=========
Higher than 1.5% Sulfur No. 6 oil....................... 23.1500(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 July 1990...................... 20.2570(cents)
ADJUSTED FOR:
.Losses at 1.5 percent............................... 20.5655(cents)
.A contribution of 3 to 7 cents...................... 24.5655(cents)
.GRI Surcharge at .126 cents......................... 24.6915(cents)
.Gross Receipts taxes at 13.7700 percent and BPU
assessment at .1667 percent......................... 28.6899(cents)
=========
Date of Issue: June 25, 1990 Effective: July 1, 1990
Issued by ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated December 6, 1989
in Docket No. GR89060622
PUBLIC SERVICE ELECTRIC AND GAS COMPANY Forty-Fifth Revised Sheet No. 19C
Superseding
P.U.C.N.J. No. 10 GAS Forty-Fourth Revised Sheet No. 19C
COMMODITY CHARGE
APPLICABLE TO COGENERATION INTERRUPTIBLE SCHEDULE CIG
Special
Provision
All Other (r)
-------------- --------------
COMMODITY CHARGE:
Per therm of gas used...................... 24.7707(cents) 22.7707(cents)
Estimated Average Commodity cost per therm
of gas received in the month of July 1990.. 21.3200(cents) 21.3200(cents)
ADJUSTED FOR:
. Losses at 1.5 percent................. 21.6447(cents) --
. A contribution of 3 cents............. 24.6447(cents) --
. GRI Surcharge at .126 cents........... 24.7707(cents) --
ADJUSTED FOR:
. Losses at 1.5 percent................. -- 21.6447(cents)
. A contribution of 1 cent.............. -- 22.6447(cents)
. GRI Surcharge at .126 cents........... -- 22.7707(cents)
Date of Issue: June 25, 1990 Effective: July 1, 1990
Issued by ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated December 6, 1989
in Docket No. GR89060622
PUBLIC SERVICE ELECTRIC AND GAS COMPANY Fortieth Revised Sheet No. 19C
Superseding
P.U.C.N.J. No. 10 GAS Thirty-Ninth Revised Sheet No. 19C
COMMODITY CHARGE
APPLICABLE TO COGENERATION INTERRUPTIBLE SCHEDULE CIG
Special
Provision
All Other (r)
--------- ---------
COMMODITY CHARGE:
Per therm of gas used................. 31.3697 (cents) 29.3697 (cents)
Estimated Average Commodity cost per
therm of gas received in the month
of February 1990..................... 27.8200 (cents) 27.8200 (cents)
ADJUSTED FOR:
.Losses at 1.5 percent.............. 28.2437 (cents) --
.A contribution of 3 cents.......... 31.2437 (cents) --
.GRI Surcharge at .126 cents........ 31.3697 (cents) --
ADJUSTED FOR:
.Losses at 1.5 percent.............. -- 28.2437 (cents)
.A contribution of 1 cent........... -- 29.2437 (cents)
.GRI Surcharge at .126 cents........ -- 29.3697 (cents)
Date of Issue: January 31, 1990 Effective: January 31, 1990
Issued by ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated December 6, 1989
in Docket No. GR89060622, as amended in Docket No. GT90010047
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 all 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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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. 22
Superseding
P.U.C.N.J. No. 10 GAS First 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:
61.643(cents) per therm.
Raw Materials Adjustment:
A charge or credit will be made when the estimated October through
September twelve-month net average cost to Public Service of production
raw materials used 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 which may have occurred during
the operation of the Company's previously approved clause. 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 bill.
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: June 23, 1988 Effective: June 17, 1988
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated June 17, 1988
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
Original Sheet No. 22A
P.U.C.N.J. No. 10 GAS
RATE SCHEDULE GSG
GENERAL SERVICE
(Continued)
SPECIAL PROVISIONS:
(a) Off-Peak Use: Where gas service in commercial and industrial
establishments is used for cooling or for dehumidification and supplied
through a separate meter, the Commodity Charge for the therms used in
the Off-Peak period shall be 40.568c 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 FREDRICK R. DE SANTI, Senior Vice President--Current Operations
80 Park Plaza, Newark, New Jersey 07101
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. 23
Superseding
P.U.C.N.J. No. 10 Gas First 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:
57.243(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:
54.276(cents) per therm in excess of...... 1,000 therms used in each month
Raw Materials Adjustment:
A charge or credit will be made when the estimated October through
September twelve-month net average cost to Public Service of production raw
materials used 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 which may have occurred during the
operation of the Company's previously approved clause. 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 bill.
Date of Issue: June 23, 1988 Effective: June 17, 1988
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated June 17, 1988
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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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. 24
Superseding
P.U.C.N.J. No. 10 GAS First 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 dawn.
RATE:
Monthly Charge Per Unit:
Single-mantle lamps.........$11.38
Double-mantle lamps......... 12.83
Triple-mantle lamps......... 18.31 on posts installed prior to
October 30, 1963
Triple-mantle lamps......... 21.20 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: June 23, 1988 Effective: June 17, 1988
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated June 17, 1988
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS Original Sheet No. 25
Original Sheet No. 26
THIS SHEET PURPOSELY LEFT BLANK
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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. 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 No. 2,
No. 4, 0.3 percent No. 6 oil and higher than 1.5 percent sulphur No. 6 oil
alternate fuel capability catagories 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 price 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 bill.
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: November 14, 1986 Effective: October 31, 1986
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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. 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
requirement 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 Charge 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
Services 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 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.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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. 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 the 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 a 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 was 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
Distrubution 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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 of 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
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 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 by the Federal Energy Regulatory Commission of
regulations determining alternate fuel price ceiling on a basis other than High
Sulfur No. 6 Fuel Oil or upon the effective date of implementation by the
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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 stated in each firm rate schedule:
Commodity Charge:
The rate per therm of gas 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 of each affected
firm customer. The rate determined above will be compared with a floor
price defined as 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, 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 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 prices. 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 the 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 the applicable firm rate schedule.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
PUBLIC SERVICE ELECTRIC AND GAS COMPANY Third Revised Sheet No. 36
Superseding
P.U.C.N.J. No. 10 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 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 bill.
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 ROBERT J. DOUGHERTY, JR.,Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 in Public Service.
(d) 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.
(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 that 5% of customer's maximum hourly requirement.
The charge for all additional gas used shall be ten times the
applicable Commodity Charge for Cogeneration Interruptible Schedule
CIG.
Except for pilots, however, Public Service has no obligation to supply
gas at any time following 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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
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 150 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 congereration
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 of days that the customer used gas.
Date of Issue: November 14, 1986 Effective: October 31, 1986
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 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.
STANDARD TERMS AND CONDITIONS:
This rate schedule is subject to the Standard Terms and Conditions of
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 FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated October 31, 1986
PUBLIC SERVICE ELECTRIC AND GAS COMPANY Third Revised Sheet No. 40
Superseding
P.U.C.N.J. No. 10 GAS Second 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:
17.412(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:
10.737(cents) per therm for the next...........4,000 therms transported in
each month
7.000(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:
14.445(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 bill.
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: January 16, 1989 Effective: January 12, 1989
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated January 12, 1989
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
P.U.C.N.J. No. 10 GAS
Second Revised Sheet No. 41
Superseding
First 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 until customer's balance in excess
of 30% is eliminated.
If customer ends a 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 Raw Materials 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 Raw Materials 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 the 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 that 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: January 16, 1989 Effective: January 12, 1989
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated January 12, 1989
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY First Revised Sheet No. 42
Superseding
P.U.C.N.J. No. 10 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 the time
requested 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 or 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 jack.
(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 ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GR89060622
PUBLIC SERVICE ELECTRIC AND GAS COMPANY
Original Sheet No. 43
P.U.C.N.J. No. 10 GAS
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:
7.0 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 bill.
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.
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: January 16, 1989 Effective: January 12, 1989
Issued by FREDRICK R. DE SANTI, Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated January 12, 1989
in Docket No. ER85121163
PUBLIC SERVICE ELECTRIC AND GAS COMPANY First Revised Sheet No. 44
Superseding
P.U.C.N.J. No. 10 GAS Original 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 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 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 not 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 or negative in any 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 was assessed an imbalance
charge for having a negative balance in excess of 10%, customer, upon
notification to Public Service, may elect to bring its account balance
within 10% by purchasing gas form PSE&G at a rate equal to 110% of the
commodity rate for service under Rate Schedule ISG for the type of
alternate fuel specified in customer's affidavit.
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 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
any 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.
(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.
Date of issue: December 27, 1989 Effective: December 6, 1989
Issued by ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GR89060622
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 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 jack.
(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 in
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 ROBERT J. DOUGHERTY, JR., Senior Vice President--Customer Operations
80 Park Plaza, Newark, New Jersey 07101
Filed pursuant to Order of Board of Public Utilities, dated
in Docket No. GR89060622
ELIZABETHTOWN GAS COMPANY
B.P.U. NO. 10-GAS
CANCELLING
B.P.U. NO. 9-GAS
- --------------------------------------------------------------------------------
EXHIBIT B
ELIZABETHTOWN BASE RATES
ELIZABETHTOWN GAS COMPANY
TARIFF FOR GAS SERVICE
- --------------------------------------------------------------------------------
Date of Issue: February 1, 1990 Effective: Service rendered
on and after February 1, 1990
Issued by: Frederick W. Sullivan, Pres.
One Elizabethtown Plaza
Union, New Jersey
Filed Pursuant to Order of the Board of Public Utility Commissioners
dated February 1, 1990 in Docket No. GR88121321
ELIZABETHTOWN GAS COMPANY
B.P.U. NO. 10-GAS
CANCELLING SECTION I
B.P.U. NO. 9-GAS ORIGINAL SHEET NO. 1
- --------------------------------------------------------------------------------
TABLE OF CONTENTS
SECTION 1
Sheet No.
---------
Cover Page Unnumbered
Table of Contents 1, 2, 3
Territory Served 4
Standard Terms and Conditions 5 thru 29
- --------------------------------------------------------------------------------
Date of Issue: February 1, 1990 Effective: Service rendered
on and after February 1, 1990
Issued by: Frederick W. Sullivan, Pres.
One Elizabethtown Plaza
Union, New Jersey
Filed Pursuant to Order of the Board of Public Utility Commissioners
dated February 1, 1990 in Docket No. GR88121321
ELIZABETHTOWN GAS COMPANY
B.P.U. NO. 10-GAS
CANCELLING SECTION I
B.P.U. NO. 9-GAS ORIGINAL SHEET NO. 2
- --------------------------------------------------------------------------------
TABLE OF CONTENTS
SECTION II
SERVICE CLASSIFICATIONS LISTED BELOW ARE AVAILABLE IN
THE ENTIRE TERRITORY SERVED BY ELIZABETHTOWN GAS COMPANY
Service
Applicable to: For: Classification Seet No.
- -------------- ----------------- -------------- --------
FIRM SALES SERVICE
- ------------------
Residential Customers Residential Service RS 1, 2, 3
Commercial and Industrial General Service GS 4, 5, 6
Customers
Multiple Family, Governmental Heating, Cooking, Water MFS 7, 8, 9
Buildings, Religious Heating, and other uses
Institutions, Hospitals and
Nursing Homes
Multiple Family, Governmental Building Heating and TC 10, 11, 12
Buildings, Religious Water Heating 13, 14
Institutions, Hospitals and
Nursing Homes and
Commerical Customers
Commercial and Industrial Large Volume Demand LVD 15, 16, 17
Customers Service
Industrial Customers Industrial Process IPF 18, 19
Service 20, 21, 22
Commercial and Industrial Cogeneration Service CSF 23, 24, 25
Service
Commercial and Industrial Air Conditioning CIAC 26, 27, 28
Service and Refrigeration
All Customers Unmetered Outdoor Gas GLS 29, 30
Lighting
- --------------------------------------------------------------------------------
Date of Issue: February 1, 1990 Effective: Service rendered
on and after February 1, 1990
Issued by: Frederick W. Sullivan, Pres.
One Elizabethtown Plaza
Union, New Jersey
Filed Pursuant to Order of the Board of Public Utility Commissioners
dated February 1, 1990 in Docket No. GR88121321
ELIZABETHTOWN GAS COMPANY
B.P.U. NO. 10-GAS
CANCELLING SECTION I
B.P.U. NO. 9-GAS ORIGINAL SHEET NO. 3
- --------------------------------------------------------------------------------
TABLE OF CONTENTS
SECTION II
(Continued)
SERVICE CLASSIFICATIONS LISTED BELOW ARE AVAILABLE IN
THE ENTIRE TERRITORY SERVED BY ELIZABETHTOWN GAS COMPANY
Service
Applicable to: For: Classification Seet No.
- -------------- ----------------- -------------- --------
NON-FIRM SALES SERVICE
- ----------------------
Commercial and Industrial Interruptible Cogeneration CSI 31, 32, 33,
Service Service 34, 35
Commercial and Industrial Interruptible Service IS 36, 37, 38,
Service 39, 40
Industrial and Public Contract Service CS 41, 42, 43, 44,
Utility Customers 45, 46, 47
Industrial Service Supplemental Interruptible SIS 48, 49, 50
Service
SPECIAL SERVICES
- ----------------
Commercial and Industrial Firm Transportation Service FTS 51, 52, 53, 54,
Service 55, 56, 57, 58
Industrial Customers Interruptible Transportation ITS 59, 60, 61, 62, 63
Service 64, 65, 66, 67
Commercial and Industrial Storage Service SS 68, 69, 70, 71
Service
RIDERS
- ------
Rider "A" to Tariff for Gas Service 72, 73, 74
Levelized Gas Adjustment Clause
Supplement to Rider "A" 75
- --------------------------------------------------------------------------------
Date of Issue: February 1, 1990 Effective: Service rendered
on and after February 1, 1990
Issued by: Frederick W. Sullivan, Pres.
One Elizabethtown Plaza
Union, New Jersey
Filed Pursuant to Order of the Board of Public Utility Commissioners
dated February 1, 1990 in Docket No. GR88121321
ELIZABETHTOWN GAS COMPANY
B.P.U. NO. 10-GAS
CANCELLING SECTION II
B.P.U. NO. 9-GAS ORIGINAL SHEET NO. 72
- --------------------------------------------------------------------------------
RIDER "A"
LEVELIZED GAS ADJUSTMENT CLAUSE
APPLICABLE TO ALL SERVICE CLASSIFICATIONS EXCEPT SERVICE CLASSIFICATION CFS,
CIAC, GLS, CSI, CS, SIS, FTS, ITS AND SS
Whenever the cost to the Gas Company of purchased pipeline gas or the
cost of any gas or fuel to be used as a substitute for or supplemental to
purchased pipeline gas including the cost of storing said gases or fuel and GRI
costs is increased or decreased from the $0.3100 per therm costs, included in
base tariff rates, the rate for gas quoted in this Tariff under the Service
Classifications shown above, except as may be otherwise provided for in the
individual Service Classification, shall be adjusted by applying a Levelized Gas
Adjustment (LGAC) rate determined as follows:
(a) The cost to the Gas Company of gas as (described above) during the
twelve-month period beginning the next October 1 and going through
the succeeding September 30 shall be estimated.
(b) The total costs as defined in (a) above shall be added to the
inventory value estimated as of the next October 1 less the
inventory value as estimated for the succeeding September 30 in the
"Monthly Ending Inventory Calculation".
(c) The sum resulting in (b) above shall be adjusted to reflect:
1. (Over) under recovery of costs from the preceding LGAC period.
Such costs shall be determined using the methodology, as
described herein as applied to actual incurred costs and gas
costs recovered.
- --------------------------------------------------------------------------------
Date of Issue: February 1, 1990 Effective: Service rendered
on and after February 1, 1990
Issued by: Frederick W. Sullivan, Pres.
One Elizabethtown Plaza
Union, New Jersey
Filed Pursuant to Order of the Board of Public Utility Commissioners
dated February 1, 1990 in Docket No. GR88121321
ELIZABETHTOWN GAS COMPANY
B.P.U. NO. 10 - GAS
CANCELLING SECTION II
B.P.U. NO. 9 - GAS ORIGINAL SHEET NO. 73
- --------------------------------------------------------------------------------
RIDER "A"
LEVELIZED GAS ADJUSTMENT CLAUSE
-------------------------------
(continued)
2. Interest on the cumulative (over) under recovery of cost from the
preceding LGAC period but only when the interest is a credit.
Such interest being calculated on the cumulative (over) under
recovery for each month of the prior period LGAC on the average
beginning and ending monthly balance at a rate equivalent to the
Company's allowed overall rate of return.
3. Estimated supplier refunds for the twelve-month period beginning
on the next October 1 and going through the succeeding
September 30.
4. Adjustments as may result from the operation of other tariff
provisions.
(d) The adjusted costs resulting from (c) above shall be divided by the
estimated applicable sales for the period beginning the next October 1
and going through the succeeding September 30, or the period over
which the rate is to be in effect, to determine the unit cost. The
difference between this unit cost and the unit charge of $0.3100 per
therm in base tariff rates shall be multiplied by a factor to adjust
for increases in taxes and assessments. The result shall be the
Levelized Gas Adjustment (LGAC) rate.
The Levelized Gas Adjustment rate as calculated in (d) will be in effect
for a period beginning on or about October 1 of each year and going through
September 30 of the following year. It may be adjusted to reflect changes in
prices or volumes significantly different than those initially proposed and for
reconciliations between estimated and actual results in the previous LGAC
period.
- --------------------------------------------------------------------------------
Date of Issue: February 1, 1990 Effective: Service rendered
on and after February 1, 1990
Issued by: Frederick W. Sullivan, Pres.
One Elizabethtown Plaza
Union, New Jersey
Filed Pursuant to Order of the Board of Public Utility Commissioners dated
February 1, 1990 in Docket No. GR88121321
ELIZABETHTOWN GAS COMPANY
B.P.U. NO. 10 - GAS
CANCELLING SECTION II
B.P.U. NO. 9 - GAS ORIGINAL SHEET NO. 74
- --------------------------------------------------------------------------------
RIDER "A"
LEVELIZED GAS ADJUSTMENT CLAUSE
-------------------------------
(continued)
The annual filing for the adjustment on or about October 1 of each year
shall be made no later than July of each year and shall be based on actual
figures and experiences then available with estimates of remaining requirements.
- --------------------------------------------------------------------------------
Date of Issue: February 1, 1990 Effective: Service rendered
on and after February 1, 1990
Issued by: Frederick W. Sullivan, Pres.
One Elizabeth Plaza
Union, New Jersey
Filed Pursuant to Order of the Board of Public Utility Commissioners dated
February 1, 1990 in Docket No. GR88121321
ELIZABETHTOWN GAS COMPANY
B.P.U. NO. 10 - GAS
CANCELLING SECTION II
B.P.U. NO. 9 - GAS FIRST SHEET NO. 75
- --------------------------------------------------------------------------------
SUPPLEMENT TO RIDER "A"
LEVELIZED GAS ADJUSTMENT CLAUSE
-------------------------------
Applicable to Commodity Volumes
of gas used under all service
classifications except "Service
Classification - CSF, CIAC, GLS,
CSI, CS, SIS, FTS, ITS and SS $0.0300 per therm
- --------------------------------------------------------------------------------
Date of Issue: February 1, 1990 Effective: Service rendered
on and after February 1, 1990
Issued by: Frederick W. Sullivan, Pres.
One Elizabeth Plaza
Union, New Jersey
Filed Pursuant to Order of the Board of Public Utility Commissioners dated
February 1, 1990 in Docket No. GR88121321
EXHIBIT C
---------
[*]
EXHIBIT D
---------
[*]
EXHIBIT E
---------
[*]
EXHIBIT F
---------
[*]
EXHIBIT G
---------
[*]
EXHIBIT H
LETTER #1
June 20, 1990
Cogen Technologies Linden Limited, L.P.
1600 Smith Street
Suite 5000, 50th Floor
Houston, TX 77002
Re: Gas Service Agreement Dated June 22, 1990
Gentlemen:
Pursuant to paragraph 3.10 of the above-captioned agreement (the
"Agreement"), Public Service Electric and Gas Company and Elizabethtown Gas
Company ("Sellers") hereby represent that they have entered into contracts with
one or more natural gas interstate pipeline companies ("Transporter(s)") for
Sellers to acquire firm transportation capacity on Transporter(s)' systems and
that, when in service, such capacity, combined with other capacity available to
Sellers, will be sufficient to permit Sellers to render the services to be
provided under the Agreement. Consistent with said paragraph 3.10, please
furnish the required [*] letter of credit to Sellers within five (5) business
days of the Construction Conversion Date or, if later, five (5) business Days of
your receipt of this letter.
Very truly yours,
EXHIBIT H
LETTER #2
June 20, 1990
Cogen Technologies Linden Limited, L.P.
1600 Smith Street
Suite 5000, 50th Floor
Houston, TX 77002
Re: Gas Service Agreement Dated June 22, 1990
Gentlemen:
Pursuant to paragraph 3.10 of the above-captioned agreement (the
"Agreement"), Public Service Electric and Gas Company and Elizabethtown Gas
Company ("Sellers") hereby represent 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 Sellers
which, when in service together with other capacity available to Sellers, will
be sufficient to permit Sellers to render firm, uninterruptible delivery service
of at least the Minimum Quantity pursuant to the terms of the Agreement.
Consistent with said paragraph 3.10, 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
June 20, 1990
Cogen Technologies Linden Limited, L.P.
1600 Smith Street
Suite 5000, 50th Floor
Houston, TX 77002
Re: Gas Service Agreement Dated June 22, 1990
Gentlemen:
Pursuant to paragraph 3.10 of the above-captioned agreement (the
"Agreement"), Public Service Electric and Gas Company and Elizabethtown Gas
Company ("Sellers") hereby represent that Sellers 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 Minimum 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 3.10,
please furnish the final, required [*] letter of credit within five (5) business
days of your receipt of this letter.
Very truly yours,