FERC GAS TARIFF ORIGINAL VOLUME NO. 1 OF GULFSTREAM NATURAL GAS SYSTEM, L.L.C. FILED WITH FEDERAL ENERGY REGULATORY COMMISSION Communications Concerning the Tariff Should Be Addressed To: P. Martin Teague, Associate General Counsel 2701 N. Rocky Point Drive, Suite 1050 Tampa, Florida 33607 Telephone Number: 813-282-6605 Facsimile Number: 813-289-4438 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Third Revised Sheet No. 1 Original Volume No. 1 Superseding Sub First Revised Sheet No. 1 -------------------------------------------------------------------------------- TABLE OF CONTENTS DESCRIPTION/TITLE Sheet No. Preliminary Statement . . . . . . . . . . . . . . . . . . . . .3 System Map. . . . . . . . . . . . . . . . . . . . . . . . . . .4 Statements of Rates (Index) . . . . . . . . . . . . . . . . . .4A Statement of Transportation Rates . . . . . . . . . . . . . . .5 Statement of Capacity Release Rates . . . . . . . . . . . . . .6 Statement of Additional Charges and Surcharges. . . . . . . . .7 Statements of Negotiated Rates. . . . . . . . . . . . . . . . .8 Rate Schedules (Index). . . . . . . . . . . . . . . . . . . . 19 Rate Schedule FTS - Firm Transportation Service . . . . . . . 20 Rate Schedule ITS - Interruptible Transportation Service. . . 30 Rate Schedule PALS - Parking and Lending Service. . . . . . . 40 General Terms and Conditions (Index). . . . . . . . . . . . .100 1. Definitions . . . . . . . . . . . . . . . . . . . . . . .101 2. Measurement and Measurement Equipment . . . . . . . . . .111 3. Quality . . . . . . . . . . . . . . . . . . . . . . . . .118 4. Nominations . . . . . . . . . . . . . . . . . . . . . . .121 5. Priority of Service . . . . . . . . . . . . . . . . . . .127 6. Scheduling and Curtailment. . . . . . . . . . . . . . . .129 7. Determination of Daily Allocated Receipts and Deliveries.132 8. Imbalance Resolution Procedures . . . . . . . . . . . . .136 9. Billing . . . . . . . . . . . . . . . . . . . . . . . . .143 10. Payments. . . . . . . . . . . . . . . . . . . . . . . . .145 11. Possession of Gas . . . . . . . . . . . . . . . . . . . .149 12. Receipt and Delivery Point Pressure . . . . . . . . . . .149 13. Operational Flow Orders . . . . . . . . . . . . . . . . .150 14. Hourly Flows. . . . . . . . . . . . . . . . . . . . . . .155 15. Warranty of Title . . . . . . . . . . . . . . . . . . . .156 16. Force Majeure . . . . . . . . . . . . . . . . . . . . . .157 17. Notices . . . . . . . . . . . . . . . . . . . . . . . . .158 18. Modification. . . . . . . . . . . . . . . . . . . . . . .158 19. Non-Waiver and Future Default . . . . . . . . . . . . . .158 20. Schedules and Contracts Subject to Regulation. . . . . . 159 -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Seventh Revised Sheet No. 2 Original Volume No. 1 Superseding Sixth Revised Sheet No. 2 -------------------------------------------------------------------------------- TABLE OF CONTENTS (CONTINUED) DESCRIPTION/TITLE Sheet No. General Terms and Conditions (Continued) 21. Operational Balancing Agreements ("OBAs") . . . . . . . .159 22. New Facilities Policy . . . . . . . . . . . . . . . . . .160 23. Periodic Rate Adjustments . . . . . . . . . . . . . . . .162 24. Penalties and Penalty Crediting Mechanism . . . . . . . .165 25. Electronic Communication Service. . . . . . . . . . . . .167 26. Capacity Release Provisions . . . . . . . . . . . . . . .172 27. Requests For Service. . . . . . . . . . . . . . . . . . .190B 28. Creditworthiness. . . . . . . . . . . . . . . . . . . . .193 29. Right of First Refusal. . . . . . . . . . . . . . . . . .198 30. Incorporation in Rate Schedules and Agreements. . . . . .200 31. Negotiated Rates. . . . . . . . . . . . . . . . . . . . .200 32. North American Energy Standards Board Standards . . . . .202 33. Default and Termination . . . . . . . . . . . . . . . . .204 34. Standards of Conduct Compliance Procedures. . . . . . . .205 35. Limitation of Liability of Member and Administrator . . .206 36. Discount Policy . . . . . . . . . . . . . . . . . . . . .207 37. Off-System Pipeline Capacity. . . . . . . . . . . . . . .208 Form of Service Agreements (Index). . . . . . . . . . . . . .300 FTS Service Agreement . . . . . . . . . . . . . . . . . . . .301 PALS Service Agreement. . . . . . . . . . . . . . . . . . . .310 Master Service Agreement-Capacity Release . . . . . . . . . .320 1LineSM Service Agreement. . . . . . . . . . . . . . . . . . .330 ITS Service Agreement . . . . . . . . . . . . . . . . . . . .340 -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 3 Original Volume No. 1 -------------------------------------------------------------------------------- PRELIMINARY STATEMENT Gulfstream Natural Gas System, L.L.C. ("Gulfstream") owns and operates a natural gas pipeline company engaged in the business of transporting natural gas in interstate commerce under authorization granted by, and subject to the jurisdiction of, the Federal Energy Regulatory Commission. Its pipeline system extends in an easterly direction from Pascagoula, Mississippi and Mobile, Alabama, to various points in Florida. The location of Gulfstream's mainline, major laterals and the principal points at which it receives and delivers gas are shown on the map included herein. Services will be provided under specific Agreements and rate schedules and Gulfstream reserves the right to limit its Agreements for transportation of gas to Shippers acceptable to it after consideration of its existing commitments, delivery capacity, point of delivery, credit-worthiness of Shippers, and other factors deemed pertinent by Gulfstream, consistent with the terms and conditions of this tariff. Nothing in this tariff is intended to inhibit the development of, or discriminate against the use of, imbalance management services provided by third parties or Gulfstream's Shippers. Any party interested in providing imbalance management services must coordinate with Gulfstream. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 4 Original Volume No. 1 Superseding Original Sheet No. 4 -------------------------------------------------------------------------------- System Map (A System Map reflecting the pipeline route as constructed will be set forth on this tariff sheet.) -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 2, 2005 Effective on: June 1, 2005 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 4A Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENTS OF RATES INDEX DESCRIPTION/TITLE SHEET NO. Statement of Transportation Rates . . . . . . . . . . . . . 5 Statement of Capacity Release Rates . . . . . . . . . . . . 6 Statement of Additional Charges and Surcharges. . . . . . . 7 Statements of Negotiated Rates. . . . . . . . . . . . . . . 8 -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Third Revised Sheet No. 5 Original Volume No. 1 Superseding Second Revised Sheet No. 5 -------------------------------------------------------------------------------- STATEMENT OF TRANSPORTATION RATES Maximum Minimum MHQ Rate Rate Rate Schedule Percentage Per Dth Per Dth ----------------- ---------- ------- ------- RATE SCHEDULE FTS 1/ -------------------- 1. Deliverability Reservation Rate Per Day Per Dth of MHQ 4.2% $ 0.2886 $ 0.0000 5.0% $ 0.3463 $ 0.0000 6.0% $ 0.4155 $ 0.0000 7.0% $ 0.4848 $ 0.0000 8.0% $ 0.5541 $ 0.0000 2. Capacity Reservation Rate Per Day Per Dth of MDQ 2/ $ 0.2886 $ 0.0000 3. Usage-1 Rate Per Dth 2/ $ 0.0055 $ 0.0055 4. 100% L.F. Rates for 4.2% $ 0.5827 $ 0.0055 Various Hourly Flow Rates 3/ 5.0% $ 0.6404 $ 0.0055 6.0% $ 0.7096 $ 0.0055 7.0% $ 0.7789 $ 0.0055 8.0% $ 0.8482 $ 0.0055 5. Usage-2 Rate Per Dth 4.2% $ 0.5827 for Various Hourly Flow Rates 5.0% $ 0.6404 6.0% $ 0.7096 7.0% $ 0.7789 8.0% $ 0.8482 RATE SCHEDULE ITS 1/ -------------------- 1. Usage-1 Rate Per Dth $ 0.8482 $ 0.0055 2. Usage-2 Rate Per Dth $ 0.8482 RATE SCHEDULE PALS 1/ ---------------------- 1. Usage Rate Per Dth $ 0.8482 $ 0.0055 1/ Backhaul rate is equal to the Forward haul rate. 2/ Does not vary with MHQ Percentage. 3/ For comparative purposes only -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Third Revised Sheet No. 6 Original Volume No. 1 Superseding Second Revised Sheet No. 6 -------------------------------------------------------------------------------- STATEMENT OF CAPACITY RELEASE RATES Maximum Minimum MHQ Rate Rate Rate Schedule Percentage Per Dth Per Dth ----------------- ---------- ------- ------- MAXIMUM DAILY CAPACITY RELEASE RATE 1/ ------------------------------ 1. Deliverability Reservation Rate Per Day Per Dth of MHQ 4.2% $ 0.2886 $ 0.0000 5.0% $ 0.3463 $ 0.0000 6.0% $ 0.4155 $ 0.0000 7.0% $ 0.4848 $ 0.0000 8.0% $ 0.5541 $ 0.0000 2. Capacity Reservation Rate Per Day Per Dth of MDQ 2/ $ 0.2886 $ 0.0000 3. Usage-1 Rate per Dth 2/ $ 0.0055 $ 0.0055 4. 100% L.F. Rates for 4.2% $ 0.5827 $ 0.0055 Various Hourly Flow Rates 3/ 5.0% $ 0.6404 $ 0.0055 6.0% $ 0.7096 $ 0.0055 7.0% $ 0.7789 $ 0.0055 8.0% $ 0.8482 $ 0.0055 1/ Backhaul rate is equal to the Forward haul rate. 2/ Does not vary with MHQ Percentage. 3/ For comparative purposes only -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Thirteenth Revised Sheet No. 7 Original Volume No. 1 Superseding Twelfth Revised Sheet No. 7 -------------------------------------------------------------------------------- STATEMENT OF ADDITIONAL CHARGES AND SURCHARGES ADDITIONAL CHARGES AND Maximum Minimum SURCHARGES APPLICABLE TO Rate Rate FTS AND ITS SERVICE Per Dth Per Dth ------------------------ --------- ------- 1. Annual Charge Adj. (ACA) $ 0.0019 $ 0.0019 2. Gas for Transporter's Use (%) 1/ 1.96 Percent 3. System Balancing Adjustment 2/ 1/ Transporter's Use (%) will not be applied to Backhaul Transportation. 2/ The net SBA balance shall be refunded or charged pursuant to Section 23.3 of the General Terms and Conditions. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Sixth Revised Sheet No. 8 Original Volume No. 1 Superseding Fifth Revised Sheet No. 8 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 1/ 2/ Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- City of Lakeland, 5/ Florida 9034863 04/1/2006 - FTS-6% 4/ $16.729 $0.02 3/ MR 440 30,000 Dth MDQ 06/01/2022 1/ Unless otherwise specified, the Reservation Rate is stated in $/Dth per Month. The Commodity/Usage Rate is stated in $/Dth delivered. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges as set forth in Transporter's Tariff. Shipper shall also provide a fuel and loss reimbursement as reflected in Transporter's Tariff, as revised from time to time pursuant to Section 23.2 of the General Terms and Conditions. 3/ DIGP 20" Offshore Pipeline, Exxon/Mobil Maryann Plant, Williams Mobile Bay Processing Plant, Mobile Bay Processing Partners Plant, Destin Pipeline, Gulf South Pipeline, and any receipt points added in the Mobile Bay, Alabama area. 4/ This is the Maximum Hourly Flow Rate. 5/ This negotiated rate agreement is a nonconforming service agreement. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 7, 2006 Effective on: April 1, 2006 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 8.01 Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 1/ 2/ Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power Corporation 5/ 9000105R1 12-1-2002 FTS-6% 4/ $16.729 6/ $0.02 3/ MR 450, 90,000 Dth MDQ 4/ to 9-1-2022 MR 415, MR 410 1/ Unless otherwise specified, the Reservation Rate is stated in $/Dth per Month. The Commodity/Usage Rate is stated in $/Dth delivered. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges or surcharges as set forth in Transporter's Tariff; provided, however, Shipper's rate shall not exceed $0.57/Dth on a 100% load factor basis. Shipper shall also provide a fuel and loss reimbursement as reflected in Transporter's Tariff, as revised from time to time pursuant to Section 23.2 of the General Terms and Conditions, provided, however, Shipper shall not be obligated to pay a Transporter's Use (%) in excess of 2-1/2%. 3/ DIGP 20" Offshore Pipeline, Exxon/Mobil Maryann Plant, Williams Mobile Bay Processing Plant, Mobile Bay Processing Partners Plant, Destin Pipeline, Gulf South Pipeline, and any receipt points added in the Pascagoula, Mississippi and Mobile Bay, Alabama areas. 4/ The Maximum Hourly Flow Rate is 6% of the Quantity. Commencing on November 1, 2004, the Quantity is 72,000 Dth from November 1 to March 31. 5/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 6/ If Gulfstream (a) is a party to or hereafter becomes a party to any negotiated rate precedent agreement or service agreement with any third party for firm transportation of gas on the Gulfstream pipeline system (including, without limitation, any expansion of the Gulfstream Project) equivalent to the service provided for in this service agreement, i.e. for (i) firm forward haul transportation of gas into the State of Florida, (ii) for a term of service equal to twenty (20) years or less, and (iii) with an MHQ (as defined in this service agreement) of 6% or greater (collectively "Equivalent Service"), and (b) pursuant to such third party precedent agreement or service agreement for Equivalent Service is obligated to provide to such third party rates that are more favorable to such third party than the comparable rates to be provided to Florida Power Corporation under this service agreement, Gulfstream will promptly offer such more favorable rates to Florida Power Corporation by way of an amendment to this service agreement. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: July 21, 2003 Effective on: December 1, 2002 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RP02-361-006, issued June 9, 2003, 03 FERC ¶ 61,312 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 8.01a Original Volume No. 1 Superseding First Revised Sheet No. 8.01a -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- City of Lakeland Florida 9081503 5/1/2009 - PALS NA $0.04 1/ 3/ 4/ 6/ 6/ 50,000 Dth 10/31/2009 PARK 1/ The Commodity/Usage Rate is stated in $/Dth multiplied by Shipper's highest Park account balance for the Day. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges as set forth in Transporter's Tariff and as revised from time to time pursuant to Transporter's Tariff, applicable to service under Rate Schedule PALS. 3/ Each month, a minimum bill will be calculated equaling the product of: (i) 50,000 multiplied by (ii) $0.04 multiplied by (iii) the actual number of calendar days in the Month. If the amount applicable pursuant to this negotiated rate for actual parked quantities during the month exceeds the minimum bill for the month, Shipper shall pay Transporter based on actual parked quantities for such month. If the minimum bill calculated as described herein exceeds the amount due for actual parked quantities, then Shipper shall pay Transporter the minimum bill amount. On any day during the month that Shipper nominates gas into its PALS (Park) account and such nomination is not confirmed and scheduled solely as a result of Transporter confirming and scheduling other PALS (Park) nomination(s) with a higher scheduling priority than Shipper's nomination, then on each such day Shipper shall not be responsible for its minimum bill obligation set forth herein for such day. 4/ The negotiated rates set forth herein apply only to the Park component of the Rate Schedule PALS service. Any Loan component of the Rate Schedule PALS service shall be provided at Transporter's applicable maximum Recourse Rate in effect from time to time. 5/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 6/ This negotiated rate is available at all points on an interruptible basis. -------------------------------------------------------------------------------- Issued by: P. M. Teague, Associate General Counsel Issued on: April 17, 2009 Effective on: May 1, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 8.01b Original Volume No. 1 Superseding First Revised Sheet No. 8.01b -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Tampa Electric Company 9082428 5/1/2009 - PALS NA $0.04 1/ 3/ 4/ 6/ 6/ 50,000 Dth 10/31/2009 (Park) 1/ The Usage Rate is stated in $/Dth multiplied by Shipper's highest Park account balance for the Day. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges, as set forth in Transporter's Tariff and as revised from time to time pursuant to Transporter's Tariff, applicable to service under Rate Schedule PALS. 3/ Each month, a minimum bill will be calculated equaling the product of: (i) 50,000 multiplied by (ii) $0.04 multiplied by (iii) the actual number of calendar days in the Month. If the amount applicable pursuant to this negotiated rate for actual parked quantities during the month exceeds the minimum bill for the month, Shipper shall pay Transporter based on actual parked quantities for such month. If the minimum bill calculated as described herein exceeds the amount due for actual parked quantities, then Shipper shall pay Transporter the minimum bill amount. On any day during the month that Shipper nominates gas into its PALS (Park) account and such nomination is not confirmed and scheduled solely as a result of Transporter confirming and scheduling other PALS (Park) nomination(s) with a higher scheduling priority than Shipper's nomination, then on each such day Shipper shall not be responsible for its minimum bill obligation set forth herein for such day. 4/ The negotiated rates set forth herein apply only to the Park component of the Rate Schedule PALS service. Any Loan component of the Rate Schedule PALS service shall be provided at Transporter's applicable maximum Recourse Rate in effect from time to time. 5/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 6/ This negotiated rate is available at all points on an interruptible basis. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 30, 2009 Effective on: May 1, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 8.01c Original Volume No. 1 Superseding First Revised Sheet No. 8.01c -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power & Light Company 9000306 7/1/2009 - PALS NA $0.04 1/ 3/ 4/ 6/ 6/ 300,000 Dth 10/31/2009 (PARK) 1/ The Usage Rate is stated in $/Dth multiplied by Shipper's highest Park account balance for the Day up to a total Park quantity of 140,000 Dths. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges, as set forth in Transporter's Tariff and as revised from time to time pursuant to Transporter's Tariff, applicable to service under Rate Schedule (PALS). 3/ Each month, a minimum bill will be calculated equaling the product of: (i) 140,000 multiplied by (ii) $0.04 multiplied by (iii) the actual number of calendar days in the Month. If the amount applicable pursuant to this negotiated rate for actual parked quantities during the month exceeds the minimum bill for the month, Shipper shall pay Transporter based on actual parked quantities for such month. If the minimum bill calculated as described herein exceeds the amount due for actual parked quantities, then Shipper shall pay Transporter the minimum bill amount. On any day during the month that Shipper nominates gas into its PALS (Park) account and such nomination is not confirmed and scheduled solely as a result of Transporter confirming and scheduling other PALS (Park) nomination(s) with a higher scheduling priority than Shipper's nomination, then on each such day Shipper shall not be responsible for its minimum bill obligation set forth herein for such day. 4/ The negotiated rates set forth herein apply only to the Park component of the Rate Schedule PALS service. Any Loan component of the Rate Schedule PALS service shall be provided at Transporter's applicable maximum Recourse Rate in effect from time to time. 5/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 6/ This negotiated rate is available at all points on an interruptible basis. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: June 29, 2009 Effective on: July 1, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Third Revised Sheet No. 8.01d Original Volume No. 1 Superseding Second Revised Sheet No. 8.01d -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Peoples Gas System 9099750 7/1/2010 - PALS NA $0.08 1/ 3/ 4/ 6/ 6/ 50,000 Dth 11/01/2010 1/ The Usage Rate is stated in $/Dth multiplied by Shipper's highest Park account balance for the Day. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges, as set forth in Transporter's Tariff and as revised from time to time pursuant to Transporter's Tariff, applicable to service under Rate Schedule PALS. 3/ Each month, a minimum bill will be calculated equaling the product of: (i) 50,000 multiplied by (ii) $0.08 multiplied by (iii) the actual number of calendar days in the Month. If the amount applicable pursuant to this negotiated rate for actual parked quantities during the month exceeds the minimum bill for the month, Shipper shall pay Transporter based on actual parked quantities for such month. If the minimum bill calculated as described herein exceeds the amount due for actual parked quantities, then Shipper shall pay Transporter the minimum bill amount. 4/ The negotiated rates set forth herein apply only to the Park component of the Rate Schedule PALS service. Any Loan component of the Rate Schedule PALS service shall be provided at Transporter's applicable maximum Recourse Rate in effect from time to time. 5/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 6/ This negotiated rate is available at all points on an interruptible basis. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: June 30, 2010 Effective on: July 1, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Third Revised Sheet No. 8.01e Original Volume No. 1 Superseding Second Revised Sheet No. 8.01e -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Tampa Electric Company 9099751 7/1/2010 - PALS NA $0.08 1/ 3/ 4/ 6/ 6/ 50,000 Dth 11/1/2010 1/ The Usage Rate is stated in $/Dth multiplied by Shipper's highest Park account balance for the Day. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges, as set forth in Transporter's Tariff and as revised from time to time pursuant to Transporter's Tariff, applicable to service under Rate Schedule PALS. 3/ Each month, a minimum bill will be calculated equaling the product of: (i) 50,000 multiplied by (ii) $0.08 multiplied by (iii) the actual number of calendar days in the Month. If the amount applicable pursuant to this negotiated rate for actual parked quantities during the month exceeds the minimum bill for the month, Shipper shall pay Transporter based on actual parked quantities for such month. If the minimum bill calculated as described herein exceeds the amount due for actual parked quantities, then Shipper shall pay Transporter the minimum bill amount. 4/ The negotiated rates set forth herein apply only to the Park component of the Rate Schedule PALS service. Any Loan component of the Rate Schedule PALS service shall be provided at Transporter's applicable maximum Recourse Rate in effect from time to time. 5/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 6/ This negotiated rate is available at all points on an interruptible basis. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: June 30, 2010 Effective on: July 1, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01f Original Volume No. 1 Superseding Original Sheet No. 8.01f -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01g Original Volume No. 1 Superseding Original Sheet No. 8.01g -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01h Original Volume No. 1 Superseding Original Sheet No. 8.01h -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01i Original Volume No. 1 Superseding Original Sheet No. 8.01i -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01j Original Volume No. 1 Superseding Original Sheet No. 8.01j -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01k Original Volume No. 1 Superseding Original Sheet No. 8.01k -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01l Original Volume No. 1 Superseding Original Sheet No. 8.01l -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01m Original Volume No. 1 Superseding Original Sheet No. 8.01m -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01n Original Volume No. 1 Superseding Original Sheet No. 8.01n -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Sub Original Sheet No. 8.01o Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 1/ 2/ Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power Corporation 4/ 9000666 6/1/2005 - FTS $0.5500 $0.0200 3/ 1/ 50,000 Dth/d 6/1/2025 1/ The Reservation Rate is stated in Dth per day of MDQ under the Service Agreement. The Usage Rate is stated in Dth per day delivered under the Service Agreement to Shipper's Hines electric generation facility located in Polk County, Florida ("Plant"). The negotiated rates shall apply only for quantities of gas delivered under the Service Agreement up to the MDQ on any given day at the Plant or at secondary delivery points. In the event that Shipper changes its primary delivery point under the Service Agreement (for all or any portion of its MDQ under the Service Agreement) such that the Primary Delivery Point is at a location other than the Plant, this negotiated rate agreement shall immediately terminate and be of no further force or effect and Transporter's effective maximum Recourse Rates on file with the FERC shall apply to all service provided under the Service Agreement for the remainder of the term of the Service Agreement unless and until otherwise agreed to in writing by Transporter. In the event that Shipper releases its firm transportation rights under the Service Agreement, Shipper shall continue to be obligated to pay Transporter for the difference, if any, by which the Negotiated Rates (and all other rates specified herein) exceed the rates applicable to any such release. 2/ Shipper's rates for primary firm transportation service under the Service Agreement during the Primary Term of the Service Agreement shall not exceed (a)(i) a Reservation Rate of $0.5500 per Dth per day and (ii) a Usage-1 Rate of $0.02 per Dth or (b) $0.57 Dth on a 100% load factor basis, inclusive of System Balancing Adjustment charges and/or credits. Consistent with Transporter's Tariff, Shipper shall provide Transporter's Use; provided however, Shipper shall not be obligated to pay a Transporter's Use (%) in excess of 2-1/2%. 3/ All physical receipt points now existing or hereafter constructed or added on Transporter's pipeline system in the Mobile Bay, Alabama and Pascagoula, Mississippi areas will be available to Shipper. 4/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 2, 2005 Effective on: June 1, 2005 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 8.01p Original Volume No. 1 Superseding First Revised Sheet No. 8.01p -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 1/ 2/ 5/ Rate 1/ 2/ 5/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power and Light Co. 4/ 9000828R2 6/1/2005 - FTS $0.5500 $0.0055 3/ 1/ 350,000 Dth/d 10/1/2032 1/ The Reservation Rate is stated in Dth per day of MDQ under the Service Agreement. The Usage Rate is stated in Dth per day delivered under the Service Agreement to Shipper's Manatee electric generation facility located in Manatee County, Florida, Shipper's Martin electric generation facility located in Martin County, Florida, and Shipper's West County Energy Center facility located in Palm Beach County, Florida (the Manatee plant, Martin plant, and West County Energy Center are referred to collectively as "Plant"). The negotiated rates set forth above will apply only to deliveries under the Service Agreement at the Plant and to any other delivery point on a secondary basis. In the event that Shipper changes the primary delivery point under the Service Agreement to any location other than the Plant, then this Agreement shall terminate effective immediately and the rates applicable after this Agreement terminates shall be Transporter's applicable maximum Recourse Rates in effect pursuant to Transporter's Tariff unless and until otherwise agreed to in writing by Shipper and Transporter. In the event that Shipper releases its firm transportation rights under the Service Agreement, Shipper shall continue to be obligated to pay Transporter for the difference, if any, by which the Negotiated Rate (and all other applicable rates contemplated in 2/ below) exceeds the release rate. 2/ A Usage-2 Rate shall apply to service under the Service Agreement as specified from time to time in Section 3 of Rate Schedule FTS included in Transporter's Tariff, which is incorporated herein by reference as if copied and set forth herein at length. All applicable surcharges, including but not limited to the SBA surcharge, and the applicable Transporter's Use percentage (as revised periodically in accordance with the terms and conditions of Transporter's Tariff), as all such charges, surcharges and percentages are in effect from time to time for service under Transporter's Rate Schedule FTS. 3/ All receipt points existing or added on Transporter's pipeline system in the Mobile Bay, Alabama and Pascagoula, Mississippi areas will be available to Shipper, including but not limited to Destin Pipeline, Gulf South Pipeline, ExxonMobil Mary Ann Plant, DIGP Offshore Pipeline, Mobile Bay processing Partners Plant, and Williams Mobile Bay Processing Plant. 4/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 5/ Effect of Other Rates: In the event that Transporter files a Statement of Rates and/or negotiated rate agreement with the Commission for acceptance or approval (and such acceptance and/or approval is received and such rate is implemented by Transporter) or Transporter posts on its electric bulletin board (or other internet-based electronic communication medium) a discount from its maximum recourse rates then in effect for Equivalent Service (as defined below) which is less than the rates applicable to the Service Agreement, then in such event Shipper shall be entitled to such lesser rate only for the time period in which such lesser rate is or will be applicable for such other Equivalent Service. For the purpose of this Agreement only, Equivalent Service shall mean service under a firm, forward-haul transportation service agreement into the State of Florida, or a new rate agreed to for an existing service agreement, from point(s) of receipt into Transporter's facilities in the Mobile, Alabama and/or Pascagoula, Mississippi areas entered into after the date of this Agreement under Transporter's Rate Schedule FTS which has an MHFR equal to or greater than the MHFR applicable to the Service Agreement, and has a primary term equal to or shorter than the primary term of the Service Agreement. Any service which does not meet all of the requirements of the immediately preceding sentence shall not be considered Equivalent Service for the purpose of this provision. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01q Original Volume No. 1 Superseding Original Sheet No. 8.01q -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 8.01r Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Tampa Electric Company 5/ 9024996 08/1/2005 - FTS-6% 8/ $0.5950 1/ $0.0055 2/ 3/ 6/ Bayside 7/ 48,000 Dth 01/1/2029 4/ 1/ The Reservation Rate is stated in $/Dth of MDQ per day. 2/ The Commodity/Usage Rate is stated in $/Dth multiplied by the quantity of gas delivered each Day. 3/ In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges, including but not limited to Usage - 2 charges, and in-kind fuel retainage as set forth in Transporter's Tariff and as revised from time to time pursuant to Transporter's Tariff. 4/ The commencement of service under this service agreement is the later of: (i) August 1, 2005; or (ii) the date that this negotiated rate is approved without modification by the Federal Energy Regulatory Commission. 5/ This negotiated rate agreement is a nonconforming service agreement. 6/ This negotiated rate is available at all receipt points. 7/ This negotiated rate applies only to deliveries (i) at the Reunion delivery point prior to the date the Bayside Lateral is completed; (ii) at the Bayside Lateral upon such facility being completed; and (iii) at all other points on a secondary basis. If Shipper changes its primary delivery point pursuant to the provisions of Transporter's Tariff, this negotiated rate shall terminate and Transporter's maximum recourse rates shall apply for the remaining primary term of this agreement, unless and until otherwise agreed in writing between Shipper and Transporter. 8/ This is the Maximum Hourly Flow Rate. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: June 30, 2005 Effective on: August 1, 2005 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 8.01s Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power & Light Co. 4/ 9030522 09/01/2005 - ITS NA $0.6000 3/ 6/ 7/ 5/ 1/ 500,000 Dth/d 12/31/2010 1/ The Commodity/Usage Rate is stated in $/Dth delivered, and is applicable only to deliveries at Shipper's Manatee electric generation facilities in Manatee County, Florida, Shipper's Martin electric generation facilities in Martin County, Florida, and Shipper's West County Energy Center electric generation facilities in Palm Beach County, Florida, and/or Transporter's interconnections with Florida Gas Transmission Company at Transporter's Station Number 305 ("FGT - Hardee") and Station Number 456 ("FGT - Osceola") for deliveries only to electric generation plants owned or dispatched by Shipper. Deliveries at any delivery points other than those listed in the previous sentence shall be at the maximum Recourse Rate. In addition to the above referenced rates, Shipper shall pay the Usage-2 rate, as specified in Section 3 of Rate Schedule ITS, all applicable charges and surcharges as set forth in Transporter's Tariff, and Transporter's Use as reflected in Transporter's Tariff, as revised from time to time pursuant to Transporter's Tariff. 2/ Pursuant to the GT&C of Transporter's Tariff, the Negotiated Rates set forth herein shall collectively constitute a "negotiated rate." Shipper, by execution of this Agreement, agrees that the otherwise generally applicable maximum Recourse Rate(s) in effect pursuant to Transporter's Tariff shall not apply to or be available to Shipper for service under the Service Agreement during the term of this Agreement (except to the extent expressly stated above or at any and all times when the Negotiated Rates (or the discounted Recourse Rates if applicable pursuant to this Agreement) are not otherwise applicable to service under the Service Agreement pursuant to the terms of this Agreement), notwithstanding any adjustments to such generally applicable maximum Recourse Rate(s) which may become effective during the term of this Agreement. 3/ In the event that Shipper does not transport under the Service Agreement, or any other Rate Schedule ITS, PALS or FTS service agreement (excluding Transporter's Rate Schedule FTS Contract Number 9000828, or any successor to such contract, Transporter's Rate Schedule FTS Contract Number 9028411 ("FTS Agreement"), or any successor to such contract; and Transporter's Rate Schedule ITS Contract Number 9000831 from the effective date of this Agreement and continuing through March 31, 2006) between Shipper and Transporter that is available for service prior to December 31, 2010 (herein the "Applicable Agreements"), aggregate quantities: (i) during the period commencing on September 1, 2005 and ending on December 31, 2007 which generate at least five million dollars ($5,000,000) in revenue to Transporter; (ii) during the calendar year 2008 which generate at least twelve million dollars ($12,000,000) in revenue to Transporter; and (iii) during the period commencing on January 1, 2009 and ending on December 31, 2010 which generate at least seventeen million ($17,000,000) in revenue to Transporter, then Shipper shall pay to Transporter the positive difference between each of the stated amounts in (i), (ii) and (iii) above and the amount owed to Transporter for the actual quantities transported under the Applicable Agreements during the periods specified in (i), (ii) and (iii) above, as applicable, which shall be due with Shipper's remittance of payment for Transporter's service provided in December of 2007, 2008 and 2010, respectively (any amount paid to Transporter by Shipper under the Applicable Agreements for service from September 1, 2005 through December 31, 2007, in excess of five million dollars ($5,000,000) will be applied against Shipper's throughput commitment hereunder for service during calendar year -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: September 15, 2005 Effective on: September 15, 2005 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 8.01t Original Volume No. 1 Superseding First Revised Sheet No. 8.01t -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES 2008, in excess of seventeen million dollars ($17,000,000) will be applied against Shipper's throughput commitment hereunder for service during the period commencing on January 1, 2009 and ending on December 31, 2010. Notwithstanding the foregoing, in the event that Shipper terminates the firm FTS Agreement: (aa) on or before March 1, 2006, then Shipper shall not be obligated for the throughput commitment or commitment to make further payments to Transporter pursuant to clauses (ii) and (iii) above; and (bb) after March 1, 2006 but before February 1, 2007, then Shipper shall not be obligated for the throughput commitment or commitment to make further payments to Transporter pursuant to clause (iii) above. In no event shall Transporter be obligated to refund monies to Shipper. In the event that (i) Transporter has not completed the facilities necessary to provide service under the FTS Agreement to the West County Energy Center on or before July 1, 2008, and (ii) the conditions precedent set forth in Paragraphs 7(B)(i), 7(B)(ii), 7(B)(iv) and 7(B)(vi) of the precedent agreement between Transporter and Shipper related to the FTS Agreement have been satisfied or waived by the dates set forth in such paragraphs, then commencing on (aa) July 1, 2008 and continuing through July 31, 2008, Shipper's Throughput Commitment obligations set forth above for any quantities not actually transported shall be reduced by $50,000 per day for each day Transporter is not capable of delivering gas to the West County Energy Center under the Service Agreement, and (bb) August 1, 2008, Shipper's Throughput Commitment obligations set forth above for any quantities not actually transported shall be reduced by $190,000 per day for each day Transporter is not capable of delivering gas to the West County Energy Center under the Service Agreement, but in no event shall Shipper's Throughput Commitment be less than ten million dollars ($10,000,000). In no event shall Transporter be obligated to refund monies to Shipper. The reductions in Throughput Commitment provided for in this Paragraph shall not apply unless and until Shipper's West County Energy Center is capable of receiving and utilizing gas for the purpose of testing its gas-fired turbines. In addition, in the event that the West County Energy Center is not capable of receiving and utilizing gas for the purpose of testing its gas-fired turbines by July 1, 2008, then the July 1, 2008 date set forth above for the reduction in Throughput Commitment in this Paragraph shall be extended by the same number of days by which the capability of receiving and utilizing gas for testing the gas-fired turbines at the West County Energy Center extends beyond July 1, 2008. If, at any time after the date service commences under the Service Agreement and thereafter during the term of this Agreement, Transporter is collecting its effective maximum Recourse Rates subject to refund under Section 4 of the Natural Gas Act as amended ("NGA"), Transporter shall have no refund obligation to Shipper even if the final maximum recourse rates are reduced to a level below the Negotiated Rates provided herein. Shipper's right to receive credits relating to Transporter's penalty revenue or other similar revenue, if any, applicable to transportation service on Transporter's system shall be governed by Transporter's Tariff and any applicable FERC orders and/or regulations. 4/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 5/ This negotiated rate is available at all points on an interruptible basis. 6/ Applicable agreements as defined in footnote 3 includes those agreements numbered 9000016 (ITS), 9000305 (PALS), 9000306 (PALS), 9006626 (ITS), 9007448 (PALS), 9013446 (ITS), and 9031061 (PALS). 7/ (A) Regulatory Approval: Transporter shall make a filing with the FERC for approval to implement the Negotiated Rates set forth herein pursuant to the NGA, the FERC's regulations promulgated under the NGA, and the FERC's Statement of Policy Alternatives to Traditional Cost of Service Ratemaking for Natural Gas Transporters and Regulation of Negotiated Transportation Service of Natural Gas Transporters issued January 31, 1996, in Docket Nos. RM95-6-000 and RM96-7-000. This Agreement and the Negotiated Rates set forth herein shall not apply to service under the Service Agreement unless and until the FERC approves such filing without condition and/or modification. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 8.01u Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES (B) If the FERC disallows, modifies or conditions approval of any material terms of this Agreement with respect to the Negotiated Rates set forth herein, then upon written notification from either party to the other Transporter or Shipper hereby agree that the Negotiated Rates set forth herein shall not apply to service under the Service Agreement. Instead, Transporter and Shipper agree that in lieu of such Negotiated Rates, Transporter will charge, and Shipper will pay, Transporter's recourse rates, discounted pursuant to this footnote, to the level set forth above, plus all applicable surcharges, including, but not limited to, the SBA surcharge, and Transporter's Use percentage (as revised annually or more often) pursuant to the terms of Transporter's Tariff in effect from time to time, as all such charges, surcharges and percentages are in effect from time to time for service under Transporter's Rate Schedule ITS. In the event that the discounted recourse rate applies in lieu of the Negotiated Rates, Transporter shall not charge a rate for service under the Service Agreement that is greater than or less than the respective maximum or minimum recourse rate on file with the Commission for service under the Service Agreement. In addition, such discounted recourse rate shall be subject to the limitations set forth in footnote 1 as if the discounted reservation Recourse Rate were the Negotiated Rates for purposes of that paragraph. (C) Transporter and Shipper recognize that Transporter's Recourse Rates, including current or future surcharges, for service under the Service Agreement may be subject to modification from time to time. With regard to the discounted recourse rate(s) for service under the Service Agreement, Transporter and Shipper expressly agree that Shipper shall be entitled to refunds of payments paid by Shipper pursuant to the Service Agreement only in the event the final, non-appealable maximum recourse rate as determined by the Commission for a given time period ("Final Maximum Rate") is lower than the discounted recourse rate actually paid by Shipper during such time period ("Actual Rate"). Subject to the condition precedent set forth in the foregoing sentence, Shipper's principal refund amount shall be equal to the product of (i) the difference between the Actual Rate and the Final Maximum Rate and (ii) the quantity transported under the Service Agreement during the refund period. Shipper expressly agrees not to initiate, instigate, or otherwise participate in any action or proceeding for the purpose of obtaining refunds in excess of the foregoing amount. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: September 15, 2005 Effective on: September 15, 2005 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01v Original Volume No. 1 Superseding Original Sheet No. 8.01v -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01w Original Volume No. 1 Superseding Original Sheet No. 8.01w -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.01x Original Volume No. 1 Superseding Original Sheet No. 8.01x -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 6/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power Corporation d/b/a Progress Energy Florida, Inc. 9000064 1/ 3/ 7/1/2002 - PALS NA 2/ 4/ 4/ 300,000 Dth 7/1/2003 5/ 9006506 1/ 3/ 7/15/2003 - PALS NA 2/ 4/ 4/ 150,000 Dth 7/15/2004 5/ 9000065 1/ 3/ 7/1/2002 - PALS NA 2/ 4/ 4/ 300,000 Dth 7/1/2003 5/ 9000063 1/ 3/ 5/30/2002 - ITS NA 2/ 4/ 4/ 150,000 Dth 5/30/2003 7/ 1/ The amount Shipper pays under this agreement will be applied toward the revenue commitment for Service Agreement 9035944, as that provision is explained in footnote 3 on the Statement of Negotiated Rates for Service Agreement 9035944. 2/ The rate is the maximum rate under Transporter's Tariff, unless another Statement of Negotiated Rates in the Tariff lists a different negotiated rate or Transporter and Shipper agree upon a discounted rate. 3/ This agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 4/ Service is available at all points on an interruptible basis. 5/ At the end of the primary term listed above, this agreement shall remain in force and effect from month to month thereafter until terminated by Transporter or Shipper upon at least one year prior written notice. 6/ In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges as set forth in Transporter's Tariff as revised from time to time pursuant to Transporter's Tariff. 7/ At the end of the primary term listed above, this agreement shall remain in force and effect from month to month thereafter until terminated by Transporter or Shipper upon at least 60 days prior written notice. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 8.01y Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power Corporation d/b/a Progress Energy Florida, Inc. 4/ 9035944 01/31/2006 - ITS NA $0.6000 3/ 6/ 7/ 5/ 1/ 200,000 Dth/d 1/1/2010 8/ 1/ The Commodity/Usage Rate is stated in $/Dth delivered, and is applicable only to deliveries under the Service Agreement at Shipper's Hines and Tiger Bay electric generation facilities located in Polk County, Florida, and to Shipper's Intercession City electric generation facility located in Osceola County, Florida and/or to Transporter's interconnections with Florida Gas Transmission Company in Hardee County, Florida (Transporter's Station Number 305) and Osceola County, Florida (Transporter's Station Number 456) for deliveries only to electric generation plants owned or dispatched by Shipper. Deliveries under the Service Agreement to any delivery point(s) other than those listed in the previous sentence shall be billed, and Shipper agrees to pay for such deliveries, at Transporter's applicable maximum Recourse Rates in effect pursuant to Transporter's Tariff unless and until otherwise agreed to in writing by Shipper and Transporter. In addition to the above referenced rates, Shipper shall pay the Usage-2 rate, as specified in Section 3 of Rate Schedule ITS, all applicable charges and surcharges as set forth in Transporter's Tariff, and Transporter's Use as reflected in Transporter's Tariff, as revised from time to time pursuant to Transporter's Tariff. 2/ Pursuant to the GT&C of Transporter's Tariff, the Negotiated Rates set forth herein shall collectively constitute a "negotiated rate." Shipper, by execution of this Agreement, agrees that the otherwise generally applicable maximum Recourse Rate(s) in effect pursuant to Transporter's Tariff shall not apply to or be available to Shipper for service under the Service Agreement during the term of this Agreement (except to the extent expressly stated above or at any and all times when the Negotiated Rates are not otherwise applicable to service under the Service Agreement pursuant to the terms of this Agreement), notwithstanding any adjustments to such generally applicable maximum Recourse Rate(s) which may become effective during the term of this Agreement. 3/ In the event that Shipper does not transport under the Service Agreement, or any other Rate Schedule ITS, PALS or FTS service agreement (excluding Transporter's Rate Schedule FTS Contract Numbers 9000105R1, 9000665, 9000666 or 9035943, or any successor contracts to such contracts,) between Shipper and Transporter that is available for service prior to December 31, 2009 (herein the "Applicable Agreements"), aggregate quantities: (i) during the calendar year 2006 which generate at least four million dollars ($4,000,000) in revenue to Transporter; (ii) during the calendar year 2007 which generate at least four million dollars ($4,000,000) in revenue to Transporter; (iii) during the calendar year 2008 which generate at least two million ($2,000,000) in revenue to Transporter, and (iv) during the calendar year 2009 which generate at least two million ($2,000,000) in revenue to Transporter, then in such event Shipper shall pay to Transporter the positive difference between each of the stated amounts in (i), (ii), (iii) and (iv) above, respectively, and the amount owed to Transporter for the actual quantities transported under the Applicable Agreements during the periods specified in (i), (ii), (iii) and (iv) above, respectively, as applicable, which shall be due with Shipper's remittance of payment for Transporter's service provided in December of 2006, 2007, 2008 and 2009, respectively (any amount paid to Transporter by Shipper under the Applicable Agreements for service provided during the calendar years specified in (i), (ii), (iii) and (iv) above in excess of the amounts specified in clauses (i), (ii), (iii) and (iv), respectively, will be applied against Shipper's throughput commitment hereunder for service during the following period or periods, as applicable). Notwithstanding the foregoing, in the event that FTS Contract Number 9035943 ("FTS Agreement") is terminated on or before February 1, 2007, -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: March 3, 2006 Effective on: March 3, 2006 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 8.01z Original Volume No. 1 Superseding First Revised Sheet No. 8.01z -------------------------------------------------------------------------------- If, at any time after the date service commences under the Agreement and thereafter during the term of the negotiated rates set forth above, Transporter is collecting its effective maximum Recourse Rates subject to refund under Section 4 of the Natural Gas Act as amended, Transporter shall have no refund obligation to Shipper even if the final maximum recourse rates are reduced to a level below the negotiated rates provided herein. Shipper's right to receive credits relating to Transporter's penalty revenue or other similar revenue, if any, applicable to transportation service on Transporter's system shall be governed by Transporter's Tariff and any applicable FERC orders and/or regulations. Shipper acknowledges and agrees that all terms and conditions of Transporter's Tariff, as effective from time to time, including provisions for filing of changes in Transporter's Tariff, are applicable to the Service Agreement. In the event of a conflict between this negotiated rate agreement and Transporter's Tariff, Transporter's Tariff shall control. 8/ Effect of Other Rates: In the event that Transporter files a Statement of Negotiated Rates to implement a negotiated rate and/or a negotiated rate agreement with the FERC for acceptance or approval (and such acceptance and/or approval is received and such rate is implemented by Transporter) or Transporter posts on its electric bulletin board (or other internet-based electronic communication medium) a discount from its maximum recourse rates then in effect for Equivalent Service (as defined below) which is less than the rates applicable to the Agreement, then in such event Shipper shall be entitled to such lesser rate only for the time period in which such lesser rate is or will be applicable for such other Equivalent Service. For the purpose of this negotiated rate agreement only, Equivalent Service shall mean service under a firm, forward-haul transportation service agreement into the State of Florida, or a new rate agreed to for an existing service agreement, entered into after the date of this Agreement under Transporter's Rate Schedule FTS which has a Maximum Hourly Flow Rate ("MHFR") equal to or greater than the MHFR applicable to the Agreement, and has a primary term equal to or shorter than the primary term of the Agreement. Any service which does not meet all of the requirements of the immediately preceding sentence shall not be considered Equivalent Service for the purpose of this provision. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02 Original Volume No. 1 Superseding Original Sheet No. 8.02 -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02a Original Volume No. 1 Superseding Original Sheet No. 8.02a -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02b Original Volume No. 1 Superseding Original Sheet No. 8.02b -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02c Original Volume No. 1 Superseding Original Sheet No. 8.02c -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02d Original Volume No. 1 Superseding Original Sheet No. 8.02d -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 3/ 4/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power & Light Co. 9053985 1/ 2/12/2008 - ITS NA $0.6000 5/ 6/ 7/ 3/ 500,000 Dth/d 12/31/2010 2/ 1/ The service agreement ("Agreement") does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 2/ At the end of the primary term, the Agreement shall remain in full force and effect from month to month thereafter until terminated by Transporter or Shipper upon at least one month prior written notice. The term of the negotiated rate shall extend from the date on which it first applies to service under the Agreement until December 31, 2012. The negotiated rate set forth herein shall not apply to service under the Agreement unless and until the FERC approves Transporter's filing to implement the negotiated rate without condition or modification. 3/ The Commodity/Usage Rate is stated in $/Dth delivered and is applicable only to deliveries at Shipper's Martin electric generation facility located in Martin County, Florida, Shipper's Manatee electric generation facility located in Manatee County, Florida, Shipper's proposed West County Energy Center facility located in Palm Beach County, Florida (collectively, the "Plant"), and/or Transporter's interconnections with Florida Gas Transmission Company, LLC, at Transporter's Station Number 305 ("FGT - Hardee") and Station Number 456 ("FGT - Osceola") for deliveries only to electric generation plants owned or dispatched by Shipper. Deliveries at any delivery points other than those listed in the previous sentence shall be at the maximum recourse rate. In addition to the above referenced rates, Shipper shall pay the Usage-2 rate, as specified in Section 3 of Rate Schedule ITS, all applicable charges and surcharges as set forth in Transporter's Tariff, and Transporter's Use as reflected in Transporter's Tariff, as revised from time to time pursuant to Transporter's Tariff. 4/ Shipper agrees that the otherwise generally applicable maximum recourse rate(s) in effect pursuant to Transporter's Tariff shall not apply to or be available to Shipper for service under the Agreement during the term of this negotiated rate (except to the extent expressly stated in Footnote 3 or at any and all times when the negotiated rate is not otherwise applicable to service under the Agreement pursuant to the terms of the negotiated rate) notwithstanding any adjustments to such generally applicable maximum recourse rate(s) which may become effective during such term. 5/ In the event that Shipper does not transport under the Agreement or any other Rate Schedule ITS, PALS or FTS service agreement (excluding FTS Agreement 9000828 and FTS Agreement 9028411, or any successor to such contracts) between Shipper and Transporter that is available for service prior to December 31, 2012 (collectively, "Applicable Agreements"), aggregate quantities: (i) during the period commencing on August 28, 2007 and ending on December 31, 2008 which generate at least $10,000,000 in revenue to Transporter; (ii) during the period commencing on January 1, 2009 and ending on December 31, 2009 which generate at least $500,000 in revenue to Transporter; (iii) during the period commencing on January 1, 2010 and ending on December 31, 2010 which generate at least $13,520,000 in revenue to Transporter; (iv) during the period commencing on January 1, 2011 and ending on December 31, 2011 which generate at least $1,500,000 in revenue to Transporter; and (v) during the period commencing on January 1, 2012 and ending on December 31, 2012 which generate at least $1,000,000 in revenue to Transporter, then Shipper shall pay to Transporter the positive difference between each of the stated amounts in (i), (ii), (iii), (iv), and (v) above and the amount owed to Transporter for the actual quantities transported under the Applicable Agreements during the periods specified in (i), (ii), (iii), (iv), and (v) above, as applicable, which shall be due with Shipper's remittance of payment for Transporter's service provided -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: February 12, 2008 Effective on: February 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02e Original Volume No. 1 Superseding Original Sheet No. 8.02e -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES in December of 2008, 2009, 2010, 2011, and 2012, respectively. Any amount paid to Transporter by Shipper under the Applicable Agreements for service during any of the periods specified in clauses (i) through (v) above in excess of the minimum amount specified in such clauses will be applied against Shipper's throughput commitment hereunder for service during the following periods until such excess is exhausted. In no event shall Transporter be obligated to refund monies to Shipper. If, at any time after the date on which this negotiated rate becomes applicable to service under the Agreement and thereafter until December 31, 2012, Transporter is collecting its effective maximum recourse rate(s) subject to refund under Section 4 of the Natural Gas Act as amended ("NGA"), Transporter shall have no refund obligation to Shipper even if the final maximum recourse rates are reduced to a level below the negotiated rate provided herein. Shipper's right to receive credits relating to Transporter's penalty revenue or other similar revenue, if any, applicable to transportation service on Transporter's system shall be governed by Transporter's Tariff and any applicable FERC orders and/or regulations. 6/ The Applicable Agreements referenced in Footnote 5 are defined as the Agreement and any FTS, ITS, or PALS service agreements between Transporter and Shipper that are effective during the period extending from August 28, 2007 and ending on December 31, 2012, except FTS Agreement 9000828 and FTS Agreement 9028411, or any successor to such contracts. 7/ All receipt points are available on an interruptible basis for service under the Agreement. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: February 12, 2008 Effective on: February 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02f Original Volume No. 1 Superseding Original Sheet No. 8.02f -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02g Original Volume No. 1 Superseding Original Sheet No. 8.02g -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 8.02h Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Tampa Electric Company 4/ 9065410 03/1/2008 - FTS-6% 7/ $0.5950 1/ $0.0055 2/ 3/ 5/ Bayside 6/ 5,000 Dth 01/1/2029 1/ The Reservation Rate is stated in $/Dth of MDQ per day. 2/ The Commodity/Usage Rate is stated in $/Dth multiplied by the quantity of gas delivered each Day. 3/ In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges, including but not limited to Usage - 2 charges, and in-kind fuel retainage as set forth in Transporter's Tariff and as revised from time to time pursuant to Transporter's Tariff. 4/ The service agreement to which this negotiated rate agreement applies does not deviate in any material respect from the Form of Service Agreement applicable to Rate Schedule FTS in Transporter's Tariff. 5/ This negotiated rate is available at all receipt points. 6/ This negotiated rate applies only to deliveries (i) at the Reunion delivery point prior to the date the Bayside Lateral is completed; (ii) at the Bayside Lateral upon such facility being completed; and (iii) at all other points on a secondary basis. If Shipper changes its primary delivery point pursuant to the provisions of Transporter's Tariff, this negotiated rate shall terminate and Transporter's maximum recourse rates shall apply for the remaining primary term of this agreement, unless and until otherwise agreed in writing between Shipper and Transporter. 7/ This is the Maximum Hourly Flow Rate. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: March 3, 2008 Effective on: March 1, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02i Original Volume No. 1 Superseding Original Sheet No. 8.02i -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02j Original Volume No. 1 Superseding Original Sheet No. 8.02j -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02k Original Volume No. 1 Superseding Original Sheet No. 8.02k -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02l Original Volume No. 1 Superseding Original Sheet No. 8.02l -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02m Original Volume No. 1 Superseding Original Sheet No. 8.02m -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02n Original Volume No. 1 Superseding Original Sheet No. 8.02n -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 3/ 4/ 7/ 8/ Rate 3/ 4/ 7/ 8/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power and Light Co. 9028411R2 6/ 1/ FTS $0.5700 $0.0055 5/ 3/ 345,000 Dth/d 2/ 1/ Service under this Agreement shall commence on the Test Gas Service Commencement Date, as defined in the Precedent Agreement between Transporter and Shipper dated September 8, 2005 ("Precedent Agreement") and shall continue until October 1, 2032. 2/ For the period commencing on the Test Gas Service Commencement Date and continuing until the Service Commencement Date the Maximum Daily Quantity ("MDQ") of this agreement shall be 185,000 Dth/d. 3/ The Reservation Rate is stated in dollars per Dth per day of MDQ under the Agreement. The Usage Rate is stated in dollars per Dth per day delivered under the Agreement to Shipper's West County Energy Center facility located in Palm Beach County, Florida and Shipper's Martin electric generation facility located in Martin County, Florida (the West County Energy Center and Martin plant are referred to collectively as "Plant"). The negotiated rates set forth above will apply only to deliveries under the Agreement at the Plant and to any other delivery point on a secondary basis. In the event that Shipper changes the primary delivery point under the Agreement to any location other than the Plant, then the negotiated rates set forth above shall terminate effective immediately and the rates applicable shall be Transporter's applicable maximum Recourse Rates in effect pursuant to Transporter's Tariff unless and until otherwise agreed to in writing by Shipper and Transporter. In the event that Shipper releases its firm transportation rights under the Agreement, Shipper shall continue to be obligated to pay Transporter for the difference, if any, by which the negotiated rates set forth above (and all other applicable rates contemplated in Footnote 4 below) exceeds the release rate. 4/ A Usage-2 Rate shall apply to service under the Agreement as specified from time to time in Section 3 of Rate Schedule FTS in Transporter's Tariff. All applicable surcharges, including but not limited to the SBA surcharge, and the applicable Transporter's Use percentage (as revised periodically in accordance with the general terms and conditions ("GT&C") of Transporter's Tariff), as all such charges, surcharges and percentages are in effect from time to time for service under Transporter's Rate Schedule FTS. 5/ This negotiated rate is available at all receipt points. 6/ The Agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. 7/ Pursuant to the GT&C of Transporter's Tariff, the Negotiated Rates set forth herein shall collectively constitute a "negotiated rate." Shipper agrees that the otherwise generally applicable maximum Recourse Rate(s) in effect pursuant to Transporter's Tariff shall not apply to or be available to Shipper for service under the Agreement during the term of the negotiated rates set forth above (except to the extent expressly stated above in Footnote 3 or at any and all times when the negotiated rates are not otherwise applicable to service under the Agreement pursuant to the terms of the negotiated rate agreement), notwithstanding any adjustments to such generally applicable maximum Recourse Rate(s) which may become effective during the term of the negotiated rates set forth above. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: September 30, 2009 Effective on: October 1, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 8.02o Original Volume No. 1 Superseding First Revised Sheet No. 8.02o -------------------------------------------------------------------------------- If, at any time after the date service commences under the Agreement and thereafter during the term of the negotiated rates set forth above, Transporter is collecting its effective maximum Recourse Rates subject to refund under Section 4 of the Natural Gas Act as amended, Transporter shall have no refund obligation to Shipper even if the final maximum recourse rates are reduced to a level below the negotiated rates provided herein. Shipper's right to receive credits relating to Transporter's penalty revenue or other similar revenue, if any, applicable to transportation service on Transporter's system shall be governed by Transporter's Tariff and any applicable FERC orders and/or regulations. Shipper acknowledges and agrees that all terms and conditions of Transporter's Tariff, as effective from time to time, including provisions for filing of changes in Transporter's Tariff, are applicable to the Service Agreement. In the event of a conflict between this negotiated rate agreement and Transporter's Tariff, Transporter's Tariff shall control. 8/ Effect of Other Rates: In the event that Transporter files a Statement of Negotiated Rates to implement a negotiated rate and/or a negotiated rate agreement with the FERC for acceptance or approval (and such acceptance and/or approval is received and such rate is implemented by Transporter) or Transporter posts on its electric bulletin board (or other internet-based electronic communication medium) a discount from its maximum recourse rates then in effect for Equivalent Service (as defined below) which is less than the rates applicable to the Agreement, then in such event Shipper shall be entitled to such lesser rate only for the time period in which such lesser rate is or will be applicable for such other Equivalent Service. For the purpose of this negotiated rate agreement only, Equivalent Service shall mean service under a firm, forward-haul transportation service agreement into the State of Florida, or a new rate agreed to for an existing service agreement, from point(s) of receipt into Transporter's facilities in the Mobile, Alabama and/or Pascagoula, Mississippi areas entered into after the date of this Agreement under Transporter's Rate Schedule FTS which has a Maximum Hourly Flow Rate ("MHFR") equal to or greater than the MHFR applicable to the Agreement, and has a primary term equal to or shorter than the primary term of the Agreement; provided, however, in no event shall the rates applicable to service under Transporter's Contract No. 9000828R2, or any successor service agreement to Transporter's Contract No. 9000828R2, be deemed Equivalent Service for the purpose of this provision. Any service which does not meet all of the requirements of the immediately preceding sentence shall not be considered Equivalent Service for the purpose of this provision. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8.02p Original Volume No. 1 Superseding Original Sheet No. 8.02p -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate Rate 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power Corporation d/b/a Progress Energy Florida, Inc. 9035943 7/ 09/01/2008 - FTS - 6% 8/ $0.5900 1/ $0.0055 2/ 3/ 5/ 155,000 Dth/d 6/ 01/01/2032 4/ 1/ The Reservation Rate is stated in $/Dth of MDQ per day. 2/ The Commodity/Usage Rate is stated in $/Dth multiplied by the quantity of gas delivered each day. In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges, including but not limited to, Usage-2 charges, and in-kind fuel retainage as set forth in Transporter's Tariff and as revised from time to time pursuant to Transporter's Tariff. 3/ This negotiated rate is available at all receipt points existing or added on Transporter's pipeline system in the Mobile Bay, Alabama and Pascagoula Mississippi areas, including but not limited to Destin Pipeline, Gulf South Pipeline, ExxonMobil Mary Ann Plant, DIGP Offshore Pipeline, Mobile Bay Processing Partners Plant, and Williams Mobile Bay Processing Plant. 4/ The commencement of service under this Service Agreement is September 1, 2008, and thereafter will continue until the earlier of (aa) the Service Commencement Date, as defined in Paragraph 5(B) of the Precedent Agreement; or (bb) the end of the May 31, 2009 Gas Day (the "Test Gas Period"). Upon satisfaction or waiver of all the conditions precedent set forth in Paragraph 8 of the Precedent Agreement, transportation service will commence on the later of: (i) January 1, 2009; or (ii) the date that all of the conditions precedent set forth in Paragraph 8 of the Precedent Agreement are satisfied or waived ("Service Commencement Date"). The primary term for service under the Service Agreement shall continue for 23 years after the Service Commencement Date. In the event that the Service Commencement Date is after June 1, 2009, there shall be a cessation of service until the Service Commencement Date. 5/ Bartow (M&R No. 9004162) and Hines (M&R No. 8205201), and other points on a secondary basis. 6/ The MDQ during the Test Gas Period is 80,000 Dth/d and becomes 155,000 Dth/d on the Service Commencement Date. 7/ The service agreement to which this negotiated rate applies deviates materially from the Form of Service Agreement contained in Transporter's Tariff. Pursuant to the GT&C of Transporter's Tariff, the Negotiated Rates set forth on this Statement of Negotiated Rates collectively constitute a "negotiated rate." Shipper, by agreeing to the negotiated rate, agrees that the otherwise generally applicable maximum Recourse Rate(s) in effect pursuant to Transporter's Tariff shall not apply to or be available to Shipper for service under the Service Agreement during the term of the agreement reflected on this Statement of Negotiated Rates (except to the extent expressly stated hereon or at any and all times when the negotiated rates are not otherwise applicable to service under the Service Agreement pursuant to the terms of the agreement reflected on this Statement of Negotiated Rates), notwithstanding any adjustments to such generally applicable maximum Recourse Rate(s) which may become effective during the term of the negotiated rate agreement reflected on this Statement of Negotiated Rates. 8/ This is the Maximum Hourly flow Rate. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 8A Original Volume No. 1 Superseding First Revised Sheet No. 8A -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 1/ 2/ Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Peoples Gas System 9000126R2 25 yrs. FTS 3/ 4/ 5/ 8/ 6/ 7/ 1/ Unless otherwise specified, the Reservation Rate is stated in $/Dth per Month. The Commodity/Usage Rate is stated in $/Dth delivered. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges or surcharges as set forth in Transporter's Tariff. Shipper shall also provide a fuel and loss reimbursement as reflected in Transporter's Tariff, as revised from time to time pursuant to Section 23.2 of the General Terms and Conditions. 3/ A Reservation Rate of $0.55 per Dth per day from June 1, 2002, to May 31, 2004, and $0.5572 per Dth per day from June 1, 2004, through the remainder of the primary term of the Service Agreement. 4/ A Usage-1 Rate of $.02 per Dth. A Usage-2 Rate shall apply to service under the Service Agreement as specified from time to time in Section 3 of Rate Schedule FTS included in Transporter's Tariff, which is incorporated herein by reference as if copied and set forth herein at length, until the end of the primary term of the Service Agreement. 5/ DIGP 20" Offshore Pipeline, Exxon/Mobil Maryann Plant, Williams Mobil Bay Processing Plant and Mobil Bay Processing Partners Plant, Destin Pipeline, Gulf South Pipeline. 6/ MDQ is 15,000 Dth from June 1, 2002 through May 31, 2003; 25,000 Dth from June 1, 2003 through May 31, 2004; then 35,000 Dth from June 1, 2004 through the remainder of the term of the Service Agreement. 7/ The Maximum Hourly Flow Rate is 7% of MDQ for the months of October through April and 6% of MDQ for the months May through September during the term of this Service Agreement. 8/ Reunion, South Hillsborough, Combee Road, Hardee Power, Port Manatee, and Vandolah. 9/ These negotiated rate agreements do not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: June 10, 2010 Effective on: June 1, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8B Original Volume No. 1 Superseding Original Sheet No. 8B -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 1/ 2/ Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Seminole Electric Cooperative, Inc 6/ 9000062 18 yrs. FTS-6% 4/ $17.299 5/ $0.02 3/ MR 310 32,000 Dth MDQ 1/ Unless otherwise specified, the Reservation Rate is stated in $/Dth per Month. The Commodity/Usage Rate is stated in $/Dth delivered. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges or surcharges as set forth in Transporter's Tariff. Shipper shall also provide a fuel and loss reimbursement as reflected in Transporter's Tariff, as revised from time to time pursuant to Section 23.2 of the General Terms and Conditions. 3/ DIGP 20" Offshore Pipeline, Exxon/Mobil Maryann Plant, Williams Mobile Bay Processing Plant, Mobile Bay Processing Partners Plant, Destin Pipeline, Gulf South Pipeline, and any receipt points added in the Mobile Bay, Alabama area. 4/ This is the Maximum Hourly Flow Rate. 5/ If Gulfstream (i) enters into any negotiated rate precedent agreement or service agreement for primary firm transportation of natural gas on the Gulfstream Project with any third party, with the ultimate end-use being electric generation and having the same length of service or shorter as this shipper in the State of Florida, and (ii) provides to such third party rates that are more favorable to such third party than to Seminole Electric Cooperative, Inc., Gulfstream will offer such rates to Seminole Electric Cooperative, Inc. by way of an amendment to its agreement. 6/ This negotiated rate agreement is a nonconforming service agreement. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: January 10, 2003 Effective on: June 1, 2002 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RP02-361-001, et al., issued December 26, 2002, 01 FERC ¶ 61,368 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 8C Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 1/ 2/ Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Municipal Power Agency (All Requirements Power Supply Project) 6/ 9000809 3/ FTS-6% 4/ $0.5900/Dth/day $0.0055 5/ MR 457 10,000 Dth MDQ 1/ Unless otherwise specified, the Reservation Rate is stated in $/Dth per day. The Commodity/Usage Rate is stated in $/Dth delivered. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges and surcharges as set forth in Transporter's Tariff, and Transporter's Use as reflected in Transporter's Tariff, as revised from time to time pursuant to Transporter's Tariff. 3/ Service under this agreement shall commence on the later of: (i) the date the facilities at MR 457 are completed and Transporter is ready, willing and able to provide service through such facilities, or (ii) April 1, 2003. This negotiated rate agreement shall remain in force and effect until 9:00 a.m. Central Clock Time on December 31, 2012. 4/ This is the Maximum Hourly Flow Rate. 5/ DIGP 20" Offshore Pipeline, Exxon/Mobil Maryann Plant, Williams Mobile Bay Processing Plant, Mobile Bay Processing Partners Plant, Destin Pipeline, Gulf South Pipeline, and any receipt points added in the Pascagoula, Mississippi and Mobile, Alabama areas. 6/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: April 4, 2003 Effective on: April 1, 2003 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8D Original Volume No. 1 Superseding Original Sheet No. 8D -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8E Original Volume No. 1 Superseding Original Sheet No. 8E -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8F Original Volume No. 1 Superseding Original Sheet No. 8F -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8G Original Volume No. 1 Superseding Original Sheet No. 8G -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8H Original Volume No. 1 Superseding Sub Original Sheet No. 8H -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 8I Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 1/ 2/ Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Florida Power Corporation 7/ 9000665 7-16-2003 FTS-6% 3/ $0.55 4/ $0.02 5/ MR 450, 30,000 Dth MDQ to 6-1-2024 6/ MR 415, MR 410 1/ Unless otherwise specified, the Reservation Rate is stated in $/Dth per Day. The Commodity/Usage Rate is stated in $/Dth delivered. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges or surcharges as set forth in Transporter's Tariff; provided, however, Shipper's rate shall not exceed $0.57/Dth on a 100% load factor basis. Shipper shall also provide a fuel and loss reimbursement as reflected in Transporter's Tariff, as revised from time to time pursuant to Section 23.2 of the General Terms and Conditions, provided, however, Shipper shall not be obligated to pay a Transporter's Use (%) in excess of 2-1/2%. 3/ This is the Maximum Hourly Flow Rate. 4/ If Gulfstream (a) is a party to or hereafter becomes a party to any negotiated rate precedent agreement or service agreement with any third party for firm transportation of gas on the Gulfstream pipeline system (including, without limitation, any expansion of the Gulfstream Project) equivalent to the service provided for in this service agreement, i.e. for (i) firm, forward haul transportation of gas into the State of Florida, (ii) for a term of service equal to twenty (20) years or less, and (iii) with an MHQ (as defined in this service agreement) of 6% or greater (collectively "Equivalent Service"), and (b) pursuant to such third party precedent agreement or service agreement for Equivalent Service is obligated to provide to such third party rates that are more favorable to such third party than the comparable rates to be provided to Florida Power Corporation under this service agreement, Gulfstream will promptly offer such more favorable rates to Florida Power Corporation by way of an amendment to this service agreement. 5/ DIGP 20" Offshore Pipeline, Exxon/Mobil Maryann Plant, Williams Mobile Bay Processing Plant, Mobile Bay Processing Partners Plant, Destin Pipeline, Gulf South Pipeline, and any receipt points added in the Pascagoula, Mississippi and Mobile Bay, Alabama areas. 6/ This term reflects the term during which the negotiated rate is applicable. The negotiated rate contract was made and entered into, and approved by the Commission to become effective, on December 1, 2002. 7/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: July 21, 2003 Effective on: July 16, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RP02-361-006, issued June 9, 2003, 03 FERC ¶ 61,312 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8J Original Volume No. 1 Superseding Original Sheet No. 8J -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8K Original Volume No. 1 Superseding Second Sub Original Sheet No. 8K -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8L Original Volume No. 1 Superseding Second Sub Original Sheet No. 8L -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8M Original Volume No. 1 Superseding Second Sub Original Sheet No. 8M -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8N Original Volume No. 1 Superseding Sub Original Sheet No. 8N -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 1/ 2/ Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Calpine Energy Services, L.P. 5/ 9006487 11/1/2003- FTS-6% 4/ $16.729 6/ $0.02 3/ MR 430 68,000 Dth MDQ 11/1/2023 (Calpine Osprey) 1/ Unless otherwise specified, the Reservation Rate is stated in $/Dth per Month. The Commodity/Usage Rate is stated in $/Dth delivered. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges or surcharges as provided for in Transporter's Tariff. Shipper shall also provide a fuel and loss reimbursement as reflected on the Statement of Additional Charges and Surcharges, as revised from time to time pursuant to Section 23 of the General Terms and Conditions of Transporter's Tariff. 3/ DIGP 20" Offshore Pipeline, Exxon/Mobil Maryann Plant, Williams Mobile Bay Processing Plant, Mobile Bay Processing Partners Plant, Destin Pipeline, Gulf South Pipeline, and any receipt points added in the Mobile Bay, Alabama area. 4/ This is the Maximum Hourly Flow Rate. 5/ This negotiated rate agreement is a non-conforming service agreement. 6/ If Gulfstream (a) is a party to or hereafter becomes a party to any precedent agreement or service agreement with the same rate structure (i.e., (1) negotiated, including discounts of the recourse rate; or (2) recourse) selected by Shipper with any third party for firm transportation of gas on the Gulfstream Project (including, without limitation, any expansion of the Gulfstream Project) equivalent to the service provided for in the Service Agreement, i.e., for (i) firm, forward haul transportation of gas into the State of Florida and (ii) for a term of service equal to or shorter than the term of service provided for in the Service Agreement (collectively "Equivalent Service"), and (b) pursuant to such third party precedent agreement or service agreement for Equivalent Service (with an MHQ equal to or greater than Shipper's) is obligated to provide to such third party rates that are more favorable to such third party than the comparable rates to be provided to Shipper under the Service Agreement, Gulfstream will promptly offer such more favorable rates to Shipper by way of an amendment to the Service Agreement effective as of the date such more favorable rates will be provided to such third party. Moreover, to the extent Gulfstream enters into a precedent or service agreement for Equivalent Service with any third party with the same rate structure selected by Shipper (a) at a rate lower than that set forth herein or (b) for transportation service(s) with an MHQ different than that identified herein, then Gulfstream will promptly offer such third party's rate and MHQ to Shipper by way of an amendment to the Service Agreement effective as of the date such rate and MHQ will be provided to such third party. If Shipper elects to accept any such rate and MHQ within thirty (30) days of Gulfstream's offer, then Gulfstream and Shipper shall expeditiously amend the Service Agreement to effectuate that new rate and MHQ; provided that Shipper's MHQ shall not be reduced and provided further that any change in MHQ will be made subject to the availability of existing capacity and subject to compliance with the generally applicable tariff procedures for service on the Gulfstream system. On each anniversary of the date of Shipper's execution and delivery of the Service Agreement, Gulfstream shall deliver a notarized letter to Shipper confirming that Gulfstream has not in the previous twelve months executed an agreement for firm transportation service, of which Gulfstream has not previously notified Shipper, that contains a lower rate than that set forth in the Service Agreement. Any disputes regarding whether another customer's rate is more favorable shall be submitted to arbitration. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8O Original Volume No. 1 Superseding Sub Original Sheet No. 8O -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8P Original Volume No. 1 Superseding Original Sheet No. 8P -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8Q Original Volume No. 1 Superseding Original Sheet No. 8Q -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8R Original Volume No. 1 Superseding Original Sheet No. 8R -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 8S Original Volume No. 1 -------------------------------------------------------------------------------- STATEMENT OF NEGOTIATED RATES Contract Contract Rate Reservation Usage Receipt Delivery Shipper Number Term Schedule Rate 1/ 2/ Rate 1/ 2/ Points Points Quantity ------- -------- -------- -------- -------------- --------- --------- --------- -------- Central Florida Gas Company 5/ 9000107 20 yrs. FTS-6% 4/ $0.5645 $0.0055 3/ MR 445, 10,000 Dth MDQ MR 455 1/ Unless otherwise specified, the Reservation Rate is stated in $/Dth per Day. The Commodity/Usage Rate is stated in $/Dth delivered. 2/ In addition to the above referenced rates, Shipper shall pay all applicable charges or surcharges as set forth in Transporter's Tariff, and Transporter's Use as reflected in Transporter's Tariff, as revised from time to time pursuant to Transporter's Tariff. 3/ DIGP 20" Offshore Pipeline, Exxon/Mobil Maryann Plant, Williams Mobile Bay Processing Plant, Mobile Bay Processing Partners Plant, Destin Pipeline, Gulf South Pipeline, and any receipt points added in the Mobile Bay, Alabama area. 4/ This is the Maximum Hourly Flow Rate. 5/ This negotiated rate agreement does not deviate in any material respect from the Form of Service Agreement contained in Transporter's Tariff. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: January 29, 2004 Effective on: February 1, 2004 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8T Original Volume No. 1 Superseding Original Sheet No. 8T -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8U Original Volume No. 1 Superseding Original Sheet No. 8U -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8V Original Volume No. 1 Superseding Sub Original Sheet No. 8V -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8W Original Volume No. 1 Superseding Original Sheet No. 8W -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8X Original Volume No. 1 Superseding Original Sheet No. 8X -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8Y Original Volume No. 1 Superseding Original Sheet No. 8Y -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 8Z Original Volume No. 1 Superseding Original Sheet No. 8Z -------------------------------------------------------------------------------- This sheet was previously issued, but is now reserved for future use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: November 12, 2008 Effective on: December 12, 2008 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Sheet Nos. 9 - 18 Original Volume No. 1 -------------------------------------------------------------------------------- Sheet Nos. 9-18 Have Not Been Issued But Have Been Reserved For Future Use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 19 Original Volume No. 1 -------------------------------------------------------------------------------- RATE SCHEDULES INDEX DESCRIPTION/TITLE SHEET NO. Rate Schedule FTS - Firm Transportation Service . . . . . . 20 Rate Schedule ITS - Interruptible Transportation Service. . 30 Rate Schedule PALS - Parking and Lending Service. . . . . . 40 -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 20 Original Volume No. 1 Superseding Original Sheet No. 20 -------------------------------------------------------------------------------- RATE SCHEDULE FTS Firm Transportation Service 1. AVAILABILITY This Rate Schedule is available to any Shipper for the Transportation of Gas by Transporter, subject to the following limitations: (a) Transporter has determined that it has sufficient available and uncommitted capacity to perform service requested by Shipper; and (b) Shipper and Transporter have executed an Agreement under this Rate Schedule. 2. APPLICABILITY AND CHARACTER OF SERVICE (a) This Rate Schedule shall apply to all Transportation Service rendered by Transporter for Shipper pursuant to the executed Agreement under this Rate Schedule. (b) Transportation Service under this Rate Schedule shall consist of: (1) the receipt of Gas on behalf of Shipper, (2) the Transportation of Gas, and (3) the Tender of Gas for delivery by Transporter to Shipper, or for Shipper's account up to Shipper's MDQ, at hourly rates up to Shipper's MHQ plus, on an interruptible basis and with no additional charge for the additional hourly flexibility, the additional interruptible hourly quantity determined pursuant to Section 14 of the General Terms and Conditions. (c) Transportation Service rendered under this Rate Schedule shall be firm, up to the Primary Route MDQs and MHQs specified in the executed Agreement. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: April 30, 2003 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-007, et al., issued April 15, 2003, 03 FERC ¶ 61,068 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 21 Original Volume No. 1 Superseding Original Sheet No. 21 -------------------------------------------------------------------------------- RATE SCHEDULE FTS Firm Transportation Service (CONTINUED) 3. RATES Each Month, Shipper shall pay to Transporter the following rates: 3.1 Reservation Rates. (a) A Deliverability Reservation Rate, as stated on the Statement of Transportation Rates, shall be paid each Month for each Dekatherm of Shipper's MHQ, multiplied by 24, then multiplied by the number of Days in the Month, plus (b) A Capacity Reservation Rate, as stated on the Statement of Transportation Rates, shall be paid each Month for each Dekatherm of Shipper's MDQ, multiplied by the number of Days in the Month. 3.2 Usage Rates. (a) The Usage-1 Rate, as stated on the Statement of Transportation Rates, multiplied by that portion of the total quantity of Gas deliveries on any Day pursuant to the Shipper's Agreement which is not in excess of the lower of (i) 110% of the scheduled quantities of Gas under the Agreement for such Day or (ii) the MDQ in effect under the Agreement for such Day. (b) The Usage-2 Rate, as stated on the Statement of Transportation Rates, multiplied by that portion of the total quantity of Gas deliveries on any Day pursuant to the Shipper's Agreement which is greater than the lower of (i) 110% of the scheduled quantities of Gas under the Agreement for such Day or (ii) the MDQ in effect under the Agreement for such Day. (c) Other Applicable Charges or Surcharges. All applicable surcharges or charges, including, but not limited to those contained in Sections 8 and 23 of the General Terms and Conditions, and as stated on the Statement of Additional Charges and Surcharges multiplied by each Dekatherm of Gas delivered. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 22 Original Volume No. 1 Superseding Original Sheet No. 22 -------------------------------------------------------------------------------- RATE SCHEDULE FTS Firm Transportation Service (CONTINUED) 3.3 Transporter's Use. Each Shipper will furnish Transporter fuel at the nominated Receipt Point(s). The amount of fuel furnished to Transporter will be based on the applicable percentage for Transporter's Use, as calculated pursuant to Section 23.2 of the General Terms and Conditions and as stated on the Statement of Additional Charges and Surcharges. 3.4 Negotiated Rates. Shipper and Transporter may mutually agree, pursuant to the provisions of Section 31 of the General Terms and Conditions, to a negotiated rate, which rate shall be less than, equal to, or greater than Transporter's Maximum Recourse Rate, but shall not be less than the minimum rate. Any such rates may be based upon a rate design other than straight fixed variable (SFV). Such negotiated rate shall be set forth in an executed Agreement and/or in Transporter's Tariff and may be agreed to in a written agreement between Transporter and Shipper. 3.5 Discounted Rates. Subject to any limitations agreed to by Shipper and Transporter, Transporter may from time to time and at any time selectively adjust any or all of the rates charged to any individual Shipper for any and all of the transportation routes for which a Maximum Rate and Minimum Rate are stated on the Statement of Transportation Rates of this Tariff or a superseding Tariff; provided, however, that such adjusted rate(s) shall not exceed the applicable Maximum Rate(s), nor shall they be less than the Minimum Rate(s), set forth on such Statement of Transportation Rates. Transporter shall have the right to charge the Maximum Rate at any time as a condition for new service, or for continuation of service under an existing Agreement. Transporter shall make all information filings and/or postings on 1LineSM required by the Commission's regulations with respect to any charges at less than the Maximum Rate. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 23 Original Volume No. 1 -------------------------------------------------------------------------------- RATE SCHEDULE FTS Firm Transportation Service (CONTINUED) 3.6 Failure to Deliver. If on any Day in a Month, due to an event of Force Majeure, Transporter is unable to tender for delivery Transportation volumes, up to Shipper's MDQ and/or MHQ scheduled pursuant to Section 6 of the General Terms and Conditions, Transporter shall calculate a credit for such Day to be included in Shipper's invoice for that Month. For Shippers paying Recourse Rates, such credit shall be the product of (1) the sum of (a) the Deliverability Reservation Rate multiplied by twenty-four (24) multiplied by Shipper's Hourly Flow Rate and (b) the Capacity Reservation Rate, and (2) the difference between the quantity of Gas nominated and made available for Transportation Service, up to the MDQ and the quantity actually delivered by Transporter for the account of Shipper during such Day. For Shippers paying Negotiated Rates, unless otherwise agreed to in the Negotiated Rate Agreement, such credit shall be the product of (1) the reservation-based portion of the applicable Negotiated Rate in effect for the period of non-delivery, and (2) the difference between the quantity of Gas nominated and made available for Transportation Service up to the MDQ and the quantity actually delivered by Transporter for the account of Shipper during such Day. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 24 Original Volume No. 1 -------------------------------------------------------------------------------- RATE SCHEDULE FTS Firm Transportation Service (CONTINUED) 4. RECEIPT AND DELIVERY POINTS 4.1 The Receipt Point(s) at which Transporter shall receive Gas for Transportation hereunder shall be those listed in Exhibit A attached to Shipper's Agreement and such Exhibit shall designate all of Shipper's potential Receipt Point(s) and shall further designate Shipper's Primary Receipt Point(s). 4.2 Upon five (5) Business Days prior notice, Shipper shall have the right to redesignate any points listed on Exhibit A as Primary Receipt Point(s), subject to available capacity and the provisions of the General Terms and Conditions. Furthermore, Shipper shall have the right to utilize all other Receipt Point(s) as Secondary Receipt Point(s), subject to available capacity and the provisions of the General Terms and Conditions. 4.3 Shipper's Primary Delivery Point(s) and/or Shipper's Primary Route will be listed in Exhibit B attached to Shipper's Agreement. Shipper shall have the right to utilize all other Delivery Point(s) as Secondary Delivery Point(s), subject to available capacity and the provisions of the General Terms and Conditions. 4.4 Upon five (5) Business Days prior notice, Shipper shall have the right to redesignate any points listed on Exhibit B as Primary Delivery Point(s), subject to available capacity and the provisions of the General Terms and Conditions; provided, however, if Shipper is paying a Negotiated Rate for service under the Agreement and requests to change its Primary Delivery Point under the Agreement, then unless otherwise agreed to in writing by Shipper and Transporter the rate applicable for service to such new Primary Delivery Point shall be the maximum Recourse Rate. Furthermore, Shipper shall have the right to utilize all other Delivery Point(s) as Secondary Delivery Point(s), subject to available capacity and the provisions of the General Terms and Conditions. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 25 Original Volume No. 1 Superseding Original Sheet No. 25 -------------------------------------------------------------------------------- RATE SCHEDULE FTS Firm Transportation Service (CONTINUED) 4.5 Shipper shall elect the MHQ for Shipper's Gas at the Primary Delivery Point at the time its request for Transportation Service is submitted to Transporter pursuant to Section 27 of the General Terms and Conditions. Such election may not include more than one MHQ at a Primary Delivery Point at any point in time. Such MHQ shall reflect deliveries at Maximum Hourly Flow Rates of 4.2%, 5.0%, 6.0%, 7.0% or 8.0% of MDQ. Such election by Shipper will be set forth in the Agreement. Deliveries at Secondary Delivery Points up to Shipper's MHQ will be allowed to the extent capacity is available and it is operationally feasible, subject to Section 2(b) of this Rate Schedule. 4.6 Subject to mutual agreement and the provisions of Section 12 of the General Terms and Conditions, Shipper shall agree with Transporter as to the minimum delivery pressure at the Delivery Point. Such pressure shall be set forth in Exhibit B to the Agreement. 5. COMMISSION AND OTHER REGULATORY FEES Shippers will reimburse Transporter for any separately stated fees required by the Commission or any other federal or state regulatory body. 6. GENERAL TERMS AND CONDITIONS All of the General Terms and Conditions of this Tariff are specifically incorporated into this Rate Schedule. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 1, 2002 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-004, et al., issued July 2, 2002, 00 FERC ¶ 61,018 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 26 Original Volume No. 1 -------------------------------------------------------------------------------- RATE SCHEDULE FTS Firm Transportation Service (CONTINUED) 7. OPERATIONAL MEETINGS Transporter shall offer to meet at least once every two years with its Shippers under this Rate Schedule to discuss operational issues. Such meetings may be conducted with one or more Shippers or with individual Shippers meeting at a mutually agreeable time and location. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: January 10, 2003 Effective on: June 1, 2002 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RP02-361-001, et al., issued December 26, 2002, 01 FERC ¶ 61,368 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Sheet Nos. 27 - 29 Original Volume No. 1 -------------------------------------------------------------------------------- Sheet Nos. 27-29 Have Not Been Issued But Have Been Reserved For Future Use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: January 10, 2003 Effective on: June 1, 2002 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RP02-361-001, et al., issued December 26, 2002, 01 FERC ¶ 61,368 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 30 Original Volume No. 1 Superseding Original Sheet No. 30 -------------------------------------------------------------------------------- RATE SCHEDULE ITS Interruptible Transportation Service 1. AVAILABILITY This Rate Schedule is available to any Shipper for the Transportation of Gas by Transporter when Shipper and Transporter have executed an Agreement under this Rate Schedule. 2. APPLICABILITY AND CHARACTER OF SERVICE (a) This Rate Schedule shall apply to all Transportation Service rendered by Transporter for Shipper pursuant to the executed Agreement under this Rate Schedule. (b) Transportation Service under this Rate Schedule shall consist of: (1) the receipt of Gas on behalf of Shipper, (2) the Transportation of Gas, and (3) the Tender of Gas for delivery by Transporter to Shipper, or for Shipper's account. (c) Transportation Service rendered under this Rate Schedule shall be interruptible. Interruptible service shall be available only to the extent of available capacity as it may be from Day to Day and from time to time within the Gas Day, under current conditions and shall be offered in accordance with the priorities established in the General Terms and Conditions of Transporter's Tariff. 3. RATES Each Month, Shipper will pay Transporter the following rates: 3.1 Usage-1 Rate. A rate equal to the applicable Usage Rates either as stated on the Statement of Transportation Rates multiplied by each Dekatherm of Gas delivered or as agreed upon in writing between Transporter and Shipper, but in no event will such rate be less than the minimum rate as stated on the Statement of Transportation Rates. 3.2 Usage-2 Rate. A rate equal to that stated on the Statement of Transportation Rates, multiplied by that portion of the total quantity of Gas deliveries on any Day pursuant to the Agreement, which is greater than the lower of (i) 110% of the scheduled quantities of Gas under the Agreement for such Day or (ii) the MDQ in effect under the Agreement for such Day. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 31 Original Volume No. 1 Superseding Original Sheet No. 31 -------------------------------------------------------------------------------- RATE SCHEDULE ITS Interruptible Transportation Service (CONTINUED) 3.3 Other Applicable Charges or Surcharges. All applicable surcharges or charges, including, but not limited to, those contained in Sections 8 and 23 of the General Terms and Conditions and as stated on the Statement of Additional Charges and Surcharges multiplied by each Dekatherm of Gas delivered. 3.4 Transporter's Use. Each Shipper will furnish Transporter fuel at the nominated Receipt Point(s). The amount of fuel furnished to Transporter will be based on the applicable percentage for Transporter's Use, as calculated pursuant to Section 23.2 of the General Terms and Conditions and as stated on the Statement of Additional Charges and Surcharges. 3.5 Negotiated Rates. Shipper and Transporter may mutually agree, pursuant to the provisions of Section 31 of the General Terms and Conditions, to a negotiated rate, which rate shall be less than, equal to, or greater than Transporter's applicable maximum Recourse Rate, but shall not be less than the minimum rate. Such negotiated rate shall be set forth in an executed Agreement and/or in Transporter's Tariff and may be agreed to in a written agreement between Transporter and Shipper. 3.6 Discounted Rates. Subject to any limitations agreed to by Shipper and Transporter, Transporter may from time to time and at any time selectively adjust any or all of the rates charged to any individual Shipper for any and all of the transportation routes for which a Maximum Rate and Minimum Rate are stated on the Statement of Transportation Rates of this Tariff or a superseding Tariff; provided, however, that such adjusted rate(s) shall not exceed the applicable Maximum Rate(s), nor shall they be less than the Minimum Rate(s), set forth on such Statement of Transportation Rates. Transporter shall have the right to charge the Maximum Rate at any time as a condition for new service, or for continuation of service under an existing Agreement. Transporter shall make all information filings and/or postings on 1LineSM required by the Commission's regulations with respect to any charges at less than the Maximum Rate. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 32 Original Volume No. 1 -------------------------------------------------------------------------------- RATE SCHEDULE ITS Interruptible Transportation Service (CONTINUED) 4. COMMISSION AND OTHER REGULATORY FEES Shippers will reimburse Transporter for any separately stated fees required by the Commission or any other federal or state regulatory body. 5. GENERAL TERMS AND CONDITIONS All of the General Terms and Conditions of this Tariff are specifically incorporated into this Rate Schedule. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Sheet Nos. 33 - 39 Original Volume No. 1 -------------------------------------------------------------------------------- Sheet Nos. 33-39 Have Not Been Issued But Have Been Reserved For Future Use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 40 Original Volume No. 1 Superseding Original Sheet No. 40 -------------------------------------------------------------------------------- RATE SCHEDULE PALS Parking and Lending Service 1. AVAILABILITY This Rate Schedule is available to any Shipper for the parking and lending of Gas from Transporter, subject to the following limitations: 1.1 Transporter has determined that it is operationally able to render such service; 1.2 Shipper and Transporter have executed an Agreement under this Rate Schedule. Shipper shall be required to execute a separate Agreement for Parking Service and Lending Service, if Shipper desires both services. 2. APPLICABILITY AND CHARACTER OF SERVICE 2.1 This Rate Schedule shall apply to service which is rendered by Transporter for Shipper pursuant to an executed Agreement under this Rate Schedule. 2.2 Service under this Rate Schedule shall consist of either parking or lending of Gas during any Day, or part thereof. Service rendered by Transporter under this Rate Schedule shall be interruptible and shall consist of: (a) Parking Service. Parking Service is an interruptible service which provides for (1) the receipt by Transporter of Gas quantities delivered by Shipper to receipt point(s) nominated by Shipper for receipt of parked quantities; (2) Transporter holding the parked quantities on Transporter's pipeline system; and (3) return of the parked quantities to Shipper, provided, however, that Transporter is not obligated to return parked quantities on the same Day and at the same point(s) at which the Gas is parked. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: July 12, 2004 Effective on: August 11, 2004 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 41 Original Volume No. 1 Superseding Original Sheet No. 41 -------------------------------------------------------------------------------- RATE SCHEDULE PALS Parking and Lending Service (CONTINUED) (b) Lending Service. Lending Service is an interruptible service which provides for (1) Shipper receiving Gas quantities from Transporter at delivery point(s) nominated by Shipper for delivery of loaned quantities of Gas; and (2) the subsequent return of the loaned quantities of Gas to Transporter, provided, however, that Transporter is not obligated to accept return of loaned Gas on the same Day and at the same point(s) at which the Gas is loaned. (c) If the Shipper receives parked quantities or returns loaned quantities at point(s) other than the point(s) at which the park or loan occurred, then Shipper and Transporter shall enter into a separate Transportation Agreement(s) to effectuate receipt or delivery of Gas from or to the new point(s). 2.3 Service rendered under this Rate Schedule shall be provided for a minimum of a one (1) Day term. The term shall be set forth on the Agreement executed between Shipper and Transporter. 2.4 Transportation of Gas quantities for or on behalf of Shipper to or from the designated point(s) under the Agreement shall not be performed under this Rate Schedule. Shipper shall make any necessary arrangements with Transporter and/or third parties to receive or deliver Gas quantities at the designated point(s) for Parking or Lending Service hereunder. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: July 12, 2004 Effective on: August 11, 2004 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 42 Original Volume No. 1 Superseding Original Sheet No. 42 -------------------------------------------------------------------------------- RATE SCHEDULE PALS Parking and Lending Service (CONTINUED) 3. RATES Each Month, Shipper shall pay to Transporter the following rates: 3.1 Usage Rates. (a) The applicable Usage Rate, as stated on the Statement of Transportation Rates, which shall be paid for each Dekatherm of Gas parked or loaned each Day at each point by Transporter for or on behalf of the account of Shipper multiplied by the highest balance of Gas quantities parked and/or loaned by Shipper on such Day; (b) Other Applicable Charges or Surcharges. All applicable surcharges or charges including, but not limited to, those charges under Sections 8 and/or 23, and as stated on the Statement of Additional Charges and Surcharges multiplied by each Dekatherm of Gas parked or loaned each Day at each point by Transporter for or on behalf of the account of Shipper. 3.2 Transporter's Use. Shipper shall not be required to furnish fuel for service under this Rate Schedule. 3.3. Negotiated Rates. Shipper and Transporter may mutually agree, pursuant to the provisions of Section 31 of the General Terms and Conditions, to a negotiated rate, which rate shall be less than, equal to, or greater than Transporter's Maximum Recourse Rate, but shall not be less than the minimum rate. Such negotiated rate shall be set forth in an executed Agreement and/or in Transporter's Tariff and may be agreed to in a written agreement between Transporter and Shipper. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 43 Original Volume No. 1 Superseding Original Sheet No. 43 -------------------------------------------------------------------------------- RATE SCHEDULE PALS Parking and Lending Service (CONTINUED) 3.4 Discounted Rates. Subject to any limitations agreed to by Shipper and Transporter, Transporter may from time to time and at any time selectively adjust any or all of the rates charged to any individual Shipper for service under this Rate Schedule for which a Maximum Rate and Minimum Rate are stated on the Statement of Transportation Rates of this Tariff or a superseding Tariff; provided, however, that such adjusted rate(s) shall not exceed the applicable Maximum Rate(s), nor shall they be less than the Minimum Rate(s), set forth on such Statement of Transportation Rates. Transporter shall have the right to charge the Maximum Rate at any time as a condition for new service, or for continuation of service under an existing Agreement. Transporter shall make all information filings and/or postings on 1LineSM required by the Commission's regulations with respect to any charges at less than the Maximum Rate. 4. OPERATIONAL REQUIREMENTS OF TRANSPORTER 4.1 Shipper may be required, upon notification from Transporter, to cease or reduce deliveries to, or receipts from, Transporter hereunder within a Day consistent with Transporter's operating requirements. Further, Shipper may be required to return loaned quantities or remove parked quantities upon notification by Transporter. Such notification shall, at a minimum, be provided by posting on 1LineSM, and may also be provided by other means of communication. Transporter's notification shall specify the time frame within which parked quantities shall be removed and/or loaned quantities shall be returned, consistent with Transporter's operating conditions, but in no event shall the specified time be sooner than the next Day after Transporter's notification, subject to the following conditions: -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 44 Original Volume No. 1 -------------------------------------------------------------------------------- RATE SCHEDULE PALS Parking and Lending Service (CONTINUED) (a) In the event that the specified time for removal or return of Gas quantities is the next Day, the time frame for required removal or return shall begin from the time that Shipper receives notice from Transporter. Notices provided after business hours for the next Day will be provided to Shipper via Electronic Communication. In the event that Shipper makes a timely and valid nomination in response to notification by Transporter to remove parked quantities and/or return loaned quantities, Shipper shall be deemed to have complied with Transporter's notification; and (b) Unless otherwise agreed by Shipper and Transporter: (i) any parked quantity not nominated for removal within a time frame specified by Transporter's notice shall become the property of Transporter at no cost to Transporter free and clear of any adverse claims; (ii) any loaned quantity not returned within the time frame specified by Transporter's notice shall be sold to Shipper at Transporter's Cashout Price at the >25% Imbalance level for Imbalances Due Transporter, pursuant to Section 8.7(b) of the General Terms and Conditions. Any penalty revenues received by Transporter as a result of the operation of Section 4.1(b) above will be credited pursuant to Section 24.1(a) of the General Terms and Conditions. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 45 Original Volume No. 1 -------------------------------------------------------------------------------- RATE SCHEDULE PALS Parking and Lending Service (CONTINUED) 4.2 In the event parked quantities remain in Transporter's pipeline system and/or loaned quantities have not been returned to Transporter's pipeline system at the expiration of any Agreement executed by Shipper and Transporter, Transporter and Shipper may mutually agree to an extended time frame and/or modified terms, including the rate, of such Agreement. In the event that Shipper and Transporter are unable to come to such Agreement, Transporter shall notify Shipper, and Shipper shall nominate for removal of the parked quantities and/or return of the loaned quantities within the time frame specified in Transporter's notice, which in no instance shall be less than one (1) Day. Any parked quantity not nominated for removal within the time frame specified by Transporter's notice shall become the property of Transporter at no cost to Transporter, free and clear of any adverse claims. Any loaned quantities not nominated to be returned within the time frame specified by Transporter's notice shall be sold to Shipper at Transporter's Cashout Price at the >25% Imbalance Level for Imbalances Due Transporter, pursuant to Section 8.7(b) of the General Terms and Conditions. Any penalty revenues received by Transporter as a result of the operation of Section 4.2 above will be credited pursuant to Section 24.1(b) of the General Terms and Conditions. 5. COMMISSION AND OTHER REGULATORY FEES Shippers will reimburse Transporter for any separately stated fees required by the Commission or any other federal or any state regulatory body. 6. GENERAL TERMS AND CONDITIONS All of the General Terms and Conditions of this Tariff are specifically incorporated into this Rate Schedule. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Sheet Nos. 46 - 99 Original Volume No. 1 -------------------------------------------------------------------------------- Sheet Nos. 46-99 Have Not Been Issued But Have Been Reserved For Future Use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Fourth Revised Sheet No. 100 Original Volume No. 1 Superseding Third Revised Sheet No. 100 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS INDEX DESCRIPTION/TITLE Sheet No. 1. Definitions . . . . . . . . . . . . . . . . . . . . . . .101 2. Measurement and Measurement Equipment . . . . . . . . . .111 3. Quality . . . . . . . . . . . . . . . . . . . . . . . . .118 4. Nominations . . . . . . . . . . . . . . . . . . . . . . .121 5. Priority of Service . . . . . . . . . . . . . . . . . . .127 6. Scheduling and Curtailment. . . . . . . . . . . . . . . .129 7. Determination of Daily Allocated Receipts and Deliveries.132 8. Imbalance Resolution Procedures . . . . . . . . . . . . .136 9. Billing . . . . . . . . . . . . . . . . . . . . . . . . .143 10. Payments. . . . . . . . . . . . . . . . . . . . . . . . .145 11. Possession of Gas . . . . . . . . . . . . . . . . . . . .149 12. Receipt and Delivery Point Pressure . . . . . . . . . . .149 13. Operational Flow Orders . . . . . . . . . . . . . . . . .150 14. Hourly Flows. . . . . . . . . . . . . . . . . . . . . . .155 15. Warranty of Title . . . . . . . . . . . . . . . . . . . .156 16. Force Majeure . . . . . . . . . . . . . . . . . . . . . .157 17. Notices . . . . . . . . . . . . . . . . . . . . . . . . .158 18. Modification. . . . . . . . . . . . . . . . . . . . . . .158 19. Non-Waiver and Future Default . . . . . . . . . . . . . .158 20. Schedules and Contracts Subject to Regulation. . . . . . 159 21. Operational Balancing Agreements ("OBAs") . . . . . . . .159 22. New Facilities Policy . . . . . . . . . . . . . . . . . .160 23. Periodic Rate Adjustments . . . . . . . . . . . . . . . .162 24. Penalties and Penalty Crediting Mechanism . . . . . . . .165 25. Electronic Communication Service. . . . . . . . . . . . .167 26. Capacity Release Provisions . . . . . . . . . . . . . . .172 27. Requests For Service. . . . . . . . . . . . . . . . . . .190B 28. Creditworthiness. . . . . . . . . . . . . . . . . . . . .193 29. Right of First Refusal. . . . . . . . . . . . . . . . . .198 30. Incorporation in Rate Schedules and Agreements. . . . . .200 31. Negotiated Rates. . . . . . . . . . . . . . . . . . . . .200 32. North American Energy Standards Board Standards . . . . .202 33. Default and Termination . . . . . . . . . . . . . . . . .204 34. Standards of Conduct Compliance Procedures. . . . . . . .205 35. Limitation of Liability of Member and Administrator . . .206 36. Discount Policy . . . . . . . . . . . . . . . . . . . . .207 37. Off-System Pipeline Capacity. . . . . . . . . . . . . . .208 -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 101 Original Volume No. 1 Superseding Original Sheet No. 101 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1. DEFINITIONS In some instances, definitions are set forth in the Rate Schedules, General Terms and Conditions and the Forms of Service Agreements. 1.1 The term "Agreement" shall mean the agreement executed by the Shipper and Transporter and any exhibits, attachments and/or amendments thereto. 1.2 The term "Backhaul" shall mean the receipt and delivery of Gas, which is accomplished by the Transporter's delivery of Gas at point(s) which are upstream from the point(s) at which Gas is received . 1.3 The term "Business Day" shall mean Monday through Friday, excluding Federal Banking Holidays for transactions in the United States, and similar holidays for transactions in Canada and Mexico. 1.4 The term "BTU" shall mean one (1) British thermal unit, the amount of heat required to raise the temperature of one (1) pound of water from 58.5 degrees Fahrenheit to 59.5 degrees Fahrenheit, (BTU is measured and reported on a dry basis at 14.73 psia and 60 degrees Fahrenheit). 1.5 The term "Cashout" shall mean the monetary settlement of quantities of Gas owed to or by Transporter or third parties, as further described in Section 8 of these General Terms and Conditions. 1.6 The term "Cashout Party" shall mean any Shipper or other contractually liable entity who has an imbalance under any Agreement, which imbalance will be resolved in accordance with Section 8 of these General Terms and Conditions. 1.7 The term "Cashout Price" shall mean the price determined pursuant to Section 8 of these General Terms and Conditions. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 1, 2002 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-004, et al., issued July 2, 2002, 00 FERC ¶ 61,018 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 102 Original Volume No. 1 Superseding First Revised Sheet No. 102 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.8 The term "Central Clock Time" or "CCT" shall mean Central Standard Time ("CST") except when Daylight Savings Time is in effect, when it shall mean one hour in advance of CST. All times referenced in Transporter's Tariff shall be in CCT. 1.9 The term "Commission" or "FERC" shall mean the Federal Energy Regulatory Commission or any successor regulatory authority. 1.10 The term "Confirmed Price" shall mean the Transportation rate inclusive of all applicable fees and surcharges agreed upon, in writing and/or via 1LineSM, by Transporter and Shipper or as otherwise required in this Tariff. 1.11 The term "Day" shall mean a period of 24 consecutive hours, beginning at 9:00 a.m. CCT, and ending on the following 9:00 a.m. 1.12 The term "Dekatherm" (or "Dth") shall mean the quantity of heat energy which is equivalent to one (1) million (1,000,000) BTU; thus the term Mdth shall mean one (1) thousand (1,000) Dth. The conversion factor between Dth and Gigajoule, the standard measure of heat energy in Canada, is 1.055056 Gigajoules per Dth; between Dth and Gigacalories, the standard measure of heat energy in Mexico, it is 0.251996 Gigacalories per Dth. 1.13 The term "Delivery Point" shall mean an interconnection point on Transporter's pipeline system that Shipper and Transporter shall agree upon, where Gas exits facilities owned by Transporter, and is metered. 1.14 The term "Delivery Point MDQ" shall mean the greatest number of Dekatherms that Transporter is obligated to deliver, on a firm basis to or on behalf of Shipper on any Day at the applicable Primary Delivery Point. The aggregate of the Delivery Point MDQs may not exceed the MDQ set forth in the Agreement; provided, however, if Shipper owns a facility that is connected to Transporter's system that is within the Primary Route and upstream of the terminus of the Primary Route reserved under the Agreement, then Shipper may, subject to the availability of capacity at such delivery point, add each such facility as a Primary Delivery Point with a Primary Delivery Point MDQ up to, but not in excess of, the MDQ of the Agreement; and provided, further, that in no event will Transporter be obligated to deliver on any Day a quantity of gas in excess of the MDQ. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 28, 2010 Effective on: May 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 103 Original Volume No. 1 Superseding Original Sheet No. 103 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.15 The term "Delivery Point MHQ" shall mean the greatest number of Dekatherms that Transporter is obligated to deliver on a firm basis to or on behalf of Shipper for any Hour during a Day at the applicable Primary Delivery Point. 1.16 The term "Delivery Point Operator" shall mean the party that is responsible for operating the facilities that are immediately downstream of the applicable Delivery Point. 1.16A The term "Elapsed Prorata Capacity" shall mean that portion of the capacity that would have theoretically been available for use prior to the effective time of the intraday recall based upon a cumulative uniform hourly use of the capacity. 1.17 The term "Elapsed Prorated Scheduled Quantity" shall mean that portion of the scheduled quantity that would have theoretically flowed up to the effective time of the intraday nomination being confirmed, based on the Maximum Hourly Flow Rate of the applicable FTS Agreement or 4.2% per hour if an ITS Agreement for each nomination period affected. 1.18 The term "Electronic Communication" shall mean the transmission of information via Transporter's 1LineSM system, Electronic Delivery Mechanism prescribed by NAESB or other mutually agreed communication methodologies used to transmit and receive information. 1.19 The term "Electronic Delivery Mechanism" or "EDM" shall mean the Electronic Communication methodology used to transmit and receive data related to gas transactions. Transporter and Shipper shall designate an electronic "site" at which Shippers and Transporter may exchange data electronically. All data provided at such site shall be considered as being delivered to the appropriate party. Transporter's use and implementation of EDM shall conform to all appropriate NAESB standards. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: July 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RM96-1-024, issued March 12, 2003, 02 FERC ¶ 61,273 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 103A Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.20 The term "Equivalent Quantities" shall mean a quantity of Gas containing an amount of Dekatherms equal to the amount of Dekatherms received by Transporter for the account of Shipper at the Receipt Point(s) reduced, where applicable, by the Dekatherms removed for Transporter's Use. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: July 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RM96-1-024, issued March 12, 2003, 02 FERC ¶ 61,273 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 104 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.21 The term "Force Majeure" as used herein shall mean acts of God, strikes, lockouts, or other industrial disturbances; acts of the public enemy, terrorist attacks, vandalism, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms (including but not limited to hurricanes or hurricane warnings), crevasses, floods, washouts, arrests and restraints of the government, either Federal or State, civil or military, civil disturbances. Force Majeure shall also mean shutdowns due to power outages and/or for purposes of necessary repairs, relocation, or construction of facilities; failure of electronic data capability; breakage or accident to machinery or lines of pipe; the necessity for testing (as required by governmental authority or as deemed necessary by Transporter for the safe operation thereof), the necessity of making repairs or alterations to machinery or lines of pipe; failure of surface equipment or pipe lines; accidents, breakdowns, inability to obtain necessary materials, supplies or permits, or labor to perform or comply with any obligation or condition of service, rights of way; and any other causes, whether of the kind herein enumerated or otherwise which are not reasonably in Transporter's control. It is understood and agreed that the settlement of strikes or lockouts or controversies with landowners involving rights of way shall be entirely within Transporter's discretion and that the requirement in Section 16.1 of the General Terms and Conditions that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts or controversies with landowners involving rights of way by acceding to the demands of the opposing party when such course is inadvisable in the discretion of Transporter. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 105 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.22 The term "Gas" shall mean natural gas, including cap gas, casinghead gas produced with crude oil, gas from gas wells, gas from condensate wells, synthetic natural gas, or any mixture of these gases meeting the quality standards under Section 3 of these General Terms and Conditions. 1.23 The term "Gas Delivered Hereunder" shall mean the quantities of Gas allocated to Shipper by Transporter, as determined in accordance with the provisions of Section 7 of these General Terms and Conditions. 1.24 The term "High Common" shall mean the highest price listed under the heading "Common" in "Platts Gas Daily" "Daily Price Survey" for the applicable day. 1.25 The term "1LineSM" shall mean Transporter's electronic communication system, for which Transporter has contracted with a third party provider, in accordance with Section 25 of these General Terms and Conditions, which shall be available to any Shipper. 1.26 The term "Hour" shall mean a period of sixty consecutive minutes beginning at the top of the hour, e.g. 9:00, or such other time mutually acceptable to Transporter and Shipper. 1.27 The term "Imbalance Management Services" shall mean the options available to Shippers for resolution of imbalances including the application of the cashout mechanism set forth in Section 8 of the General Terms and Conditions. These options include service under PALS, Imbalance Netting and Trading and, as a final resolution, Cashout. 1.28 The term "Low Common" shall mean the lowest price listed under the heading "Common" in "Platts Gas Daily" "Daily Price Survey" for the applicable day. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 106 Original Volume No. 1 Superseding First Revised Sheet No. 106 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.29 The term "Maximum Hourly Flow Rate" shall mean the percentage of MDQ at a Primary Delivery Point that Transporter shall be obligated to deliver on behalf of Shipper on a firm basis and shall be expressed as the quotient of the MHQ divided by the MDQ. 1.30 The term "Maximum Daily Quantity" ("MDQ") shall mean the greatest number of Dekatherms that Transporter is obligated to transport, on a firm basis, to or on behalf of Shipper on any day. 1.31 The term "Maximum Hourly Quantity" ("MHQ") shall mean the greatest number of Dekatherms that Transporter is obligated to deliver at a Primary Delivery Point to or on behalf of Shipper, on a firm basis, for any Hour (as determined pursuant to Section 4.5 of Rate Schedule FTS). 1.31A The term "Maximum PALS Quantity" ("MPQ") shall mean the greatest number of Dekatherms that shipper may have parked or loaned under its Rate Schedule PALS Agreement at any time. 1.32 The term "Mcf" shall mean one (1) thousand (1,000) cubic feet of Gas; the term MMcf shall mean one (1) million (1,000,000) cubic feet of Gas. (Mcf is measured on a dry basis at 14.73 psia. and 60 degrees Fahrenheit.) 1.33 The term "Month" shall mean the period beginning on the first Day of a calendar Month and ending at the same hour on the first Day of the next succeeding calendar Month. 1.34 The term "Monthly Imbalance" shall mean a Shipper's monthly quantity subject to resolution through the cashout mechanism described in Section 8 of the General Terms and Conditions, calculated as the difference between (i) allocated quantities received from a Cashout Party for the Month, as determined in accordance with Section 7 of the General Terms and Conditions, adjusted for Transporter's Use, and (ii) allocated quantities delivered to a Cashout Party for the Month, as determined in accordance with Section 7. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: July 12, 2004 Effective on: August 11, 2004 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 107 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.35 The term "Monthly System Imbalance" shall mean the total imbalances for Transporter's system for the Month, calculated as the difference between (i) allocated quantities received for the Month, as determined in accordance with Section 7 of the General Terms and Conditions, adjusted for Transporter's Use, and (ii) allocated quantities delivered for the Month, as determined in accordance with Section 7. 1.36 The term "Negotiated Rate" shall mean a rate or rate formula for computing a rate for service under a single Agreement. 1.37 The term "Net Present Value" ("NPV") shall mean the discounted cash flow of expected revenues per Dekatherm of the applicable service for a term of up to twenty (20) years, using the interest rate set forth in Section 154.501 of the Commission's Regulations. 1.38 The term "Netting" shall be used to describe the process of resolving imbalances for a Shipper within an Operational Impact Area. There are two types of Netting: a. Summing is the accumulation of all imbalances above any applicable tolerances for a Shipper or agent. b. Offsetting is the combination of positive and negative imbalances above any applicable tolerances for a Shipper or agent. 1.39 The term "North American Energy Standards Board" or "NAESB" shall mean the accredited organization established to set standards for certain natural gas industry business practices and procedures. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 108 Original Volume No. 1 Superseding Original Sheet No. 108 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.40 The term "Operational Impact Area" shall describe a Transportation Service Provider's (as defined by the NAESB Standards) designation of the largest possible area(s) on its system in which imbalances have a similar operational impact. For Transporter, the entire pipeline system shall comprise a single Operational Impact Area. 1.41 The term "Posted Point of Restriction" shall mean any point or segment on Transporter's pipeline system for which Transporter has posted on its web site a reduction of scheduled capacity notice, a notice that the point or segment is scheduled at its capacity, or a notice of expected restrictions due to weather, operating conditions or maintenance. 1.42 The term "Primary Delivery Point" shall mean the Delivery Point(s) as specified in the Agreement. 1.43 The term "Primary Receipt Point" shall mean the Receipt Point(s) as specified in the Agreement. 1.44 The term "Primary Route" shall mean the transportation route from the Primary Receipt Point to the Primary Delivery Point or if there is no Primary Delivery Point, a transportation route which includes a reservation of mainline capacity but does not have a Primary Delivery Point. 1.45 The term "Receipt Point" shall mean an interconnection point on Transporter's pipeline system that Transporter and Shipper shall agree upon, where Gas enters facilities owned by Transporter, and is metered. 1.46 The term "Receipt Point MDQ" shall mean the greatest number of Dekatherms that Transporter is obligated to receive on a firm basis for or on behalf of Shipper on any Day at the applicable Primary Receipt Point(s). The aggregate of the Receipt Point MDQ(s) may not exceed the aggregate of the Delivery Point MDQs as set forth in Shipper's Agreement. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 1, 2002 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-004, et al., issued July 2, 2002, 00 FERC ¶ 61,018 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 109 Original Volume No. 1 Superseding First Revised Sheet No. 109 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.47 The term "Recourse Rate" shall mean the maximum rate for service set forth on the Statements of Rates in this Tariff for the applicable rate schedule. 1.48 The term "Receipt Point Operator" shall mean the party that is responsible for operating the facilities that are immediately upstream of the applicable Receipt Point. 1.49 The term "Reput" shall mean the reinstatement of a capacity release transaction that was recalled. 1.50 The term "Secondary Delivery Point" shall mean a Delivery Point that is not specified as a Primary Delivery Point. 1.51 The term "Secondary Receipt Point" shall mean a Receipt Point that is not specified as a Primary Receipt Point. 1.52 The term "Service Day" shall mean the Day during which Shipper receives Transportation Service pursuant to a nomination in accordance with Section 4 of the General Terms and Conditions. 1.53 The term "Service Month" shall mean the Month during which Shipper receives services under this Tariff. 1.54 The term "Shipper" shall mean any person, corporation, limited liability company, partnership or any other legal entity who enters into an Agreement for service with Transporter. 1.55 The term "Tariff" shall mean Transporter's FERC Gas Tariff as effective from time to time. 1.56 The terms "Tender Gas" and "Tender of Gas" shall mean that the delivering party is able and willing, and offers, to deliver Gas to the receiving party at the appropriate Receipt Point or Delivery Point. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 109A Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.56A The term "Title Transfer" shall mean the change of title to Gas between parties at a location. 1.56B The term "Title Transfer Tracking" shall mean the process of accounting for the progression of title changes from party to party which process does not effect a physical movement of the Gas. 1.56C The term "Title Transfer Tracking Service Provider" or "TTTSP" shall mean a party conducting Title Transfer Tracking activities. 1.57 The terms "Transportation" and "Transportation Service" shall mean transportation of Gas by either forward haul, displacement or Backhaul or any combination thereof. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 12, 2002 Effective on: October 1, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 110 Original Volume No. 1 Superseding Original Sheet No. 110 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 1.58 The term "Transporter" shall mean Gulfstream Natural Gas System, L.L.C. 1.59 The term "Transporter's Use" shall mean the quantity of Gas required by Transporter for compressor fuel, other company use and lost-and-unaccounted for Gas for service under each Agreement, and shall be equal to the Transporter's Use (%) under each such Agreement multiplied by Receipt Point quantities Tendered to Transporter. 1.60 The term "Transporter's Use (%)" shall mean the applicable percentage of Transporter's Use, which shall be an allocable amount of Transporter's Use, as calculated pursuant to Section 23.2, provided, however, that no Transporter's Use (%) shall be assessed on Backhaul transportation. The applicable percentage is shown on the Statement of Additional Charges and Surcharges and shall be annually redetermined and filed to be made effective June 1 of each year in accordance with Section 23.2 of these General Terms and Conditions. 1.61 The "Usage-1 Rate" shall be stated on the Statement of Transportation Rates and shall be assessed as described in Section 3 of Rate Schedules FTS and ITS. 1.62 The "Usage-2 Rate" shall be stated on the Statement of Transportation Rates and shall be assessed as described in Section 3 of Rate Schedules FTS and ITS. 1.63 The term "Wire Transfer" shall mean payments made/effected by wire transfer (Fedwire, CHIPS, or Book Entry), or Automated Clearinghouse, or any other recognized electronic or automated payment mechanism that is agreed upon by Transporter in the future. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 111 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 2. MEASUREMENT AND MEASUREMENT EQUIPMENT 2.1 (a) The volume of Gas delivered at the Receipt Point(s) and at the Delivery Point(s) shall be measured by one of the following devices installed by Transporter at its election, or as agreed to by Transporter and the operator of the interconnecting facilities: (1) An orifice meter, designed and installed in accordance with the current edition of American National Standard ANSI/API 2530 (American Gas Association Report No. 3), entitled "Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids" (hereinafter referred to as "AGA Report No. 3"); or (2) A turbine meter, designed and installed in accordance with the current edition of American Gas Association Transmission Measurement Committee Report No. 7, entitled "Measurement of Gas by Turbine Meters", (hereinafter referred to as "AGA Report No. 7"); or (3) An ultrasonic meter, designed and installed in accordance with the current edition of American Gas Association Transmission Measurement Committee Report No. 9, entitled "Measurement of Gas by Multipath Ultrasonic Meters" (hereinafter referred to as "AGA Report No. 9"); or (4) A positive displacement meter, designed and installed in accordance with generally accepted industry practices. (b) Meters shall be maintained and operated, and auxiliary measuring equipment shall be installed, maintained and operated, in accordance with generally accepted industry practices. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 112 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 2.2 (a) The volume of Gas delivered at each Receipt Point and Delivery Point shall be calculated by means of an electronic flow computer located at each Receipt Point or each Delivery Point, in the following manner: (1) The volume of Gas delivered through an orifice meter shall be computed in accordance with AGA Report No. 3, properly using all factors set forth therein. (2) The volume of Gas delivered through a turbine meter shall be computed in accordance with AGA Report No. 7, properly using all factors set forth therein. (3) The volume of Gas delivered through an ultrasonic meter shall be computed in accordance with AGA Report No. 9, properly using all factors set forth therein. (4) The volume of Gas delivered through a positive displacement meter shall be computed by properly applying, to the volume delivered at flowing Gas pressures and temperatures, correction factors for (i) absolute static pressure, (ii) flowing Gas temperature, and (iii) compressibility ratio. (b) The volume of Gas delivered shall be computed using the standards and factors determined as follows: (1) The unit of volume for the purpose of measurement shall be one thousand cubic feet of Gas at a temperature of sixty (60) degrees Fahrenheit and a pressure of 14.73 pounds per square inch absolute. For the purpose of pricing hereunder, the Dekatherm equivalent of such unit of volume shall be determined by multiplying each such unit of volume by the total heating value per cubic foot of the Gas delivered hereunder (adjusted to a common temperature and pressure base) and by dividing the result by one thousand (1000). -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 113 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (2) The average absolute atmospheric (barometric) pressure at each Receipt Point and each Delivery Point shall be assumed to be 14.7, irrespective of the actual location or elevation above sea level of the Receipt Point or Delivery Point or of variations in actual atmospheric pressure from time to time. (3) The static pressure and temperature of the Gas at flowing conditions through a meter and, where applicable, the differential pressure across the orifice plate of an orifice meter shall be determined by means of instruments of standard manufacture accepted in the industry for these purposes. (4) The supercompressiblity factor used in computing the volume of Gas delivered through an orifice meter shall be determined using the procedures presented in American Gas Association Transmission Measurement Committee Report No. 8, entitled "Compressibility Factors of Natural Gas and Other Related Hydrocarbon Gases." (5) The specific gravity of the Gas used in computing the volume of Gas delivered through a meter shall be determined at each Receipt Point and at strategic locations determined by Transporter to be representative for each Delivery Point by standard methods accepted in the industry for this purpose. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 114 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (6) The compressibility ratio factor "s" used in computing the volume of Gas delivered through a turbine meter, an ultrasonic meter, or a positive displacement meter shall be determined by the equation s = (Fpv)2, in which "Fpv" is the supercompressiblity factor determined as described in subparagraph (4) of this subsection (b). 2.3 All flow measuring, testing and related equipment shall be of standard manufacture and type approved by Transporter. If applicable, Transporter or Shipper may install check measuring equipment and telemetering equipment, provided that such equipment shall be so installed as not to interfere with the operations of the operator. Transporter, or Shipper, in the presence of the other party, shall have access to measuring equipment at all reasonable times, but the reading, calibrating, and adjusting thereof shall be done by the operator of the facilities. Transporter or Shipper shall have the right to be present at the time of the installing, reading, cleaning, changing, repairing, inspecting, testing, calibrating or adjusting done by the operator of the measuring equipment. The records from such measuring equipment shall remain the property of the operator, but upon request the other party may request records including charts, together with calculations therefrom for inspection, subject to return within thirty (30) days after receipt thereof. Reasonable care shall be exercised in the installation, maintenance and operation of the measuring equipment so as to avoid any inaccuracy in the determination of the volume of Gas received and delivered. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 115 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) The accuracy of all measuring equipment shall be verified by operator at least once each year and if requested, in the presence of representatives of the other party, but neither Transporter nor Shipper shall be required to verify the accuracy of such equipment more frequently than once in any thirty (30) Day period. If the operator agrees to verification and test of measuring equipment and fails to perform such verification and testing, then the other party shall have the right to cease or temporarily discontinue service relative to such measuring equipment. If either party at any time desires a special test of any measuring equipment, it will promptly notify the other party and the parties shall then cooperate to secure a prompt verification of the accuracy of such equipment. Transportation and related expenses involved in the testing of meters shall be borne by the party incurring such expenses, provided, however, that Shipper shall not be responsible for such Transportation and related expenses if the special testing reveals that the meter(s) is (are) not operating within the required tolerance level of one percent (1%). The operator, for purposes of this section, shall be the owner of the equipment referenced herein, or the agent of such owner, or such other person as the parties may agree in writing. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 116 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) If, upon any test, any measuring equipment is found to be in error, such errors shall be taken into account in a practical manner in computing the deliveries. If the resultant aggregate error in the computed receipts or deliveries is not more than one percent (1%), then previous receipts or deliveries shall be considered accurate. All equipment shall, in any case, be adjusted at the time of test to record correctly. If, however, the resultant aggregate error in computing receipts or deliveries exceeds one percent (1%), the previous recordings of such equipment shall be corrected to zero error for any period which is known definitely or agreed upon, but in case the period is not known definitely or agreed upon, such correction shall be for a period extending over one-half of the time elapsed since the date of the last test. 2.4 In the event any measuring equipment is out of service, or is found registering inaccurately and the error is not determinable by test, previous recordings of receipts or deliveries through such equipment shall be determined as follows; provided, however, that the correction period shall be within six (6) Months of the production Month, with a three (3) Month rebuttal period and provided, further, that such standard shall not apply in the case of deliberate omission or misrepresentation or mutual mistake of fact. Parties' other statutory or contractual rights shall not otherwise be diminished by this standard: (a) by using the registration of any check meter or meters if installed and accurately registering, or in the absence of (a); (b) by correcting the error if the percentage of error is ascertainable by calibration, special test or mathematical calculation, or in the absence of both (a) and (b) then; -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 117 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (c) by estimating the quantity of receipt or delivery based on receipts or deliveries during preceding periods under similar conditions when the meter was registering accurately. 2.5 If at any time during the term hereof, a new method or technique is developed with respect to Gas measurement or the determination of the factors used in such Gas measurement, such new method or technique may be substituted upon mutual agreement thereto by both parties. 2.6 The parties agree to preserve for a period of at least three (3) years or such longer period as may be required by public authority, all test data, if any, and other similar records. 2.7 Shipper or Transporter may install, maintain, and operate odorizing (at a Delivery Point only), regulating, telemetering, heating and fogging equipment at its own expense as it shall desire at each Receipt Point or Delivery Point, and the operator of such equipment at its own expense shall provide the other party a suitable site therefore and allow the other party free access to and use of the site; provided that such equipment shall be so installed, maintained and operated as not to interfere with the operation or maintenance of the operating party's measuring equipment at each Receipt Point or Delivery Point. All such equipment as Shipper or Transporter shall desire to install shall be constructed, installed and operated to conform to the other party's requirements. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 118 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 3. QUALITY 3.1 Heat Content. Heat content shall mean the gross heating value per cubic foot of Gas delivered at each Receipt Point and Delivery Point. The Gas at each Receipt Point shall have a heat content not greater than 1075 BTUs per cubic foot or less than 1000 BTUs per cubic foot when determined on a dry basis. The Gas received and delivered shall have a hydrocarbon dew point less than 25 Degrees Fahrenheit at 800 psig. Transporter shall have the right to waive such BTU content limit if Transporter is able to accept such Gas without affecting Transporter's operations. The total heating value per cubic foot of Gas shall be determined at each Receipt Point and at strategic location(s) determined by Transporter to be represented for each Delivery Point by standard methods accepted in the industry for this purpose. The unit of quantity for the purpose of determining total heating value shall be one (1) cubic foot of anhydrous Gas at a temperature of sixty (60) degrees Fahrenheit and an absolute pressure of 14.73 psia. 3.2 Freedom from Objectionable Matter. The Gas received and delivered hereunder: (a) shall be commercially free from dust or other solid or liquid matter which might interfere with its merchantability or cause injury to or interference with proper operation of the lines, regulators, meters and other equipment of Transporter; -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 119 Original Volume No. 1 Superseding Original Sheet No. 119 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (b) shall not contain more than four (4) parts per million (one quarter grain per one hundred (100) cubic feet of Gas) of hydrogen sulfide, as determined by the method prescribed in the Gas Processors Association Standard 2377, entitled "Test for Hydrogen Sulfide and Carbon Dioxide in Natural Gas Using Length of Stain Tubes"; (c) shall not contain more than ten (10) grains of total sulfur (including the sulfur in any hydrogen sulfide and mercaptans) per one hundred (100) cubic feet of Gas; (d) shall not at any time have an oxygen content in excess of 0.25% by volume and the parties hereto shall make every reasonable effort to keep the Gas free of oxygen; (e) shall not contain as nearly as practicable any free water nor contain more than seven (7) pounds of water vapor per million cubic feet of Gas; (f) shall not contain more than three percent (3%) by volume of nitrogen and carbon dioxide combined; (g) shall be delivered at a temperature not in excess of one hundred twenty (120) degrees Fahrenheit or less than forty (40) degrees Fahrenheit; and (h) shall not contain any toxic, hazardous materials or substances, or any deleterious material potentially harmful to persons or to the environment, including but not limited to, polychlorinated biphenyls and substances requiring investigation, remediation or removal under any law, regulation, rule or order in effect from time to time. (i) shall not contain more than eighteen one-hundredths (0.18)parts per million by volume (two one-hundredths (0.02)grains per one hundred (100) cubic feet of Gas (by weight) of carbonyl sulfide, as determined by the method prescribed in the American Society for Testing & Materials Standard D-5623, entitled "Standard Test Method for Sulfur Compounds in Light Petroleum Liquids by Gas Chromatography and Sulfur Selective Detection. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 1, 2002 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-004, et al., issued July 2, 2002, 00 FERC ¶ 61,018 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 120 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 3.3 Failure to Meet Specifications. Should any Gas tendered for delivery hereunder fail at any time to conform to any of the specifications of this Section 3 ("Non-Conforming Gas"), the Transporter shall notify the party tendering such Gas of any such failure and Transporter may at its option suspend all or a portion of the receipt of any such Non-Conforming Gas, and shall be relieved of obligations hereunder for the duration of such time as the Non-Conforming Gas does not meet such specifications. Nothing in this Section 3 shall prevent Transporter from waiving any quality specifications where the acceptance of Non-Conforming Gas will not in the reasonable judgement of Transporter adversely impair its operation. The exclusive remedy of the affected party shall be liquidated damages not to exceed the greater of (a) ten dollars ($10.00), or (b) two times the Spot Price Index (as defined in Section 8.7 of these General Terms and Conditions), for each Dekatherm of such Non-Conforming Gas. 3.4 The design and construction of any facilities to be installed by Shipper in order to comply with the quality specifications in Sections 3.1 and 3.2 shall be approved by Transporter prior to such facilities being placed in service, such approval not to be unreasonably withheld. 3.5 Commingling. It is recognized that Gas delivered by Shipper will be commingled with other Gas transported hereunder by Transporter. Accordingly, the Gas of Shipper shall be subject to such changes in heat content as may result from such commingling and Transporter shall, notwithstanding any other provision herein, be under no obligation to redeliver for Shipper's account, Gas of a heat content identical to that caused to be delivered by Shipper to Transporter. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 121 Original Volume No. 1 Superseding First Revised Sheet No. 121 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 4. NOMINATIONS 4.1 Transporter shall accept nominations twenty-four (24) hours a day via 1LineSM or EDM. All nominations must contain the mandatory data elements included in the NAESB standards and any additional business-conditional or mutually agreeable data elements. All nominations shall include Shipper defined begin dates and end dates. All nominations excluding intra-day nominations should have roll-over options. Specifically, Shippers have the ability to nominate for several Days, Months, or years, provided the nomination begin and end dates are within the term of the Shipper's Agreement. Nominations under Rate Schedule FTS must be for a minimum period of one (1) Day, and all quantities must be stated in Dths. Nominations under Rates Schedule ITS or PALS must specify the daily scheduled quantity, and the hours during the Day in which Gas will flow. The minimum period in which Gas will flow is (1) one Hour, and all quantities must be stated in Dekatherms. At the end of each Day, Transporter will provide the final scheduled quantities for the just completed Day. With respect to the implementation of this process via NAESB Standard No. 1.4.x scheduled quantity related standards, Transporter should send an end of Day Scheduled Quantity document. Receivers of the end of Day Scheduled Quantity document can waive the sender's sending of the end of Day Scheduled Quantity document. (a) All nominations must be communicated via 1LineSM or EDM unless otherwise mutually agreed and must be submitted in accordance with the standard nomination timelines set forth below unless accepted by Transporter at a later time. A revised nomination supersedes the previous nomination in effect, but only for the Days or Hours specified in such revised nomination, after which the previous nomination once again takes effect until its end date or time or until superseded by another new or revised nomination, whichever is earlier. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 23, 2010 Effective on: May 24, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 122 Original Volume No. 1 Superseding Original Sheet No. 122 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) The standard nomination timelines are as follows: (1) The Timely Nomination Cycle: (All times are CCT on the day prior to the Service Day) 11:30 a.m. Latest time that nominations may leave control of the nominating party; 11:45 a.m. Receipt of nominations by Transporter (including from Title Transfer Tracking Service Providers (TTTSPs)); 12:00 p.m. Transporter sends quick response; 3:30 p.m. Receipt of completed confirmations by Transporter from upstream and downstream connected parties; 4:30 p.m. Receipt of scheduled quantities by Shipper and point operator. Scheduled quantities resulting from the Timely Nomination Cycle shall be effective at 9:00 a.m. CCT on the next Service Day. (2) The Evening Nomination Cycle (All times are CCT on the Day prior to the Service Day.) 6:00 p.m. Latest time that nominations may leave control of the nominating party; 6:15 p.m. Receipt of nominations by Transporter (including from TTTSPs); -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 12, 2002 Effective on: October 1, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 123 Original Volume No. 1 Superseding First Revised Sheet No. 123 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 6:30 p.m. Transporter sends quick response; 9:00 p.m. Receipt of completed confirmations by Transporter from upstream and downstream connected parties; 10:00 p.m. Transporter to provide scheduled quantities to affected Shippers and point operators, and to provide scheduled quantities to bumped parties (notice to bumped parties). Scheduled quantities resulting from an Evening Nomination that does not cause another Shipper on Transporter to receive notice that it is being bumped should be effective at 9:00 a.m. CCT on the next Service Day; and when an Evening Nomination causes another Shipper on Transporter to receive notice that it is being bumped, the scheduled quantities should be effective at 9:00 a.m. CCT on the next Service Day. (3) The Intra-day 1 Nomination Cycle: (All times are CCT on the Service Day.) 10:00 a.m. Latest time that nominations may leave control of the nominating party; 10:15 a.m. Receipt of nominations by Transporter (including from TTTSPs); 10:30 a.m. Transporter sends quick response; 1:00 p.m. Receipt of completed confirmations by Transporter from upstream and downstream connected parties; -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 12, 2002 Effective on: May 1, 2003 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 124 Original Volume No. 1 Superseding First Revised Sheet No. 124 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 2:00 p.m. Receipt of scheduled quantities by affected Shippers and point operators and scheduled quantities to bumped parties. Scheduled quantities resulting from the Intra-day 1 Nomination Cycle shall be effective at 5:00 p.m. CCT on the same Service Day. (4) The Intra-Day 2 Nomination Cycle: (All times are CCT on the Service Day.) 5:00 p.m. Latest time that nominations may leave control of the nominating party; 5:15 p.m. Receipt of nominations by Transporter (including from TTTSPs); 5:30 p.m. Transporter sends quick response; 8:00 p.m. Receipt of completed confirmations by Transporter from upstream and downstream connected parties; 9:00 p.m. Receipt of scheduled quantities by affected Shippers and point operators. Scheduled quantities resulting from the Intra-Day 2 Nomination Cycle shall be effective at 9:00 p.m. CCT on the same Service Day. Bumping is not allowed during the Intra-Day 2 Nomination Cycle. For purposes of Sections 4.1(a)(2), 4.1(a)(3), and 4.1(a)(4) above, "provide" shall mean, for transmittals pursuant to standards 1.4.x, receipt at the designated site, and for purposes of other forms of transmittal, it shall mean send or post. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: September 8, 2005 Effective on: September 1, 2005 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RP05-414-000, issued August 24, 2005 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 125 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (b) Shipper shall include in its nominations the desired order of priority of receipts and deliveries under each Agreement which Transporter will use when taking action to change receipts and/or deliveries according to Section 5.2. The order of priority shall indicate that a priority of one (1) shall be the last to be affected by changes. Nominations with the same priority will be adjusted pro rata. (c) If Shipper completes and resubmits an otherwise incomplete nomination, then Transporter will process the nomination in the first nomination cycle that occurs where the Shipper's complete nomination meets the deadline for nominations. (d) Variations by Shipper of actual receipts and deliveries from the nominated receipts and deliveries shall be kept to a minimum. Receipts and deliveries shall be made at uniform hourly rates unless provisions to deliver the Gas at a non-uniform rate are made pursuant to Shipper's Agreement and confirmed by Transporter's Gas Control Department prior to Gas flowing. Under no circumstances shall Transporter be obligated to deliver to any Shipper, on any Day, a quantity of Gas under any Agreement greater than Transporter received at the Receipt Point(s) on behalf of such Shipper under such Agreement. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 126 Original Volume No. 1 Superseding Original Sheet No. 126 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (e) Any shipper may designate an agent, which may be Transporter, to nominate and schedule transportation service on Shipper's behalf. Shipper shall notify Transporter, in writing or via 1LineSM, of the designated agent. Transporter is authorized to rely on nominations and scheduling information provided by Shipper's agent. By designating an agent, Shipper agrees to indemnify and save Transporter harmless from all suits, actions, debts, accounts, damages, costs, losses and expenses arising in any way from Shipper's agent's actions on behalf of Shipper, Shipper's agent's failure to act on behalf of Shipper, or Transporter's reliance upon the information provided to Transporter by Shipper's agent; provided, however that such indemnification will not excuse Transporter from liability for actions taken when Transporter is acting as agent. (f) Transporter accepts nominations twenty-four (24) hours a day. Any nomination submitted at a time that varies from the standard nomination timelines set forth above will be processed provided (i) such nomination is confirmed with upstream and downstream point operators and (ii) it is feasible for Transporter to implement such nomination. 4.2 Implementation of Intra-day Nominations. (a) Subject to the deadlines in Section 4.1(a)(2),(3) or (4), above, intra-day nominations may be nominated twenty-four (24) hours a Day and will be processed in the same manner as other nominations. However, the nomination deadline and effective time of intra-day nominations specified in Section 4.1 (a) will not apply to OFO related intra-day nominations. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 23, 2010 Effective on: May 24, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 127 Original Volume No. 1 Superseding First Revised Sheet No. 127 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (b) Subject to upstream and downstream operators' confirmations and Transporter's operating conditions, an intra-day nomination submitted pursuant to one of the deadlines set forth in Section 4.1(a) above can be used to request increases or decreases in total flow, changes to Receipt Points, or changes to Delivery Points of scheduled Gas. Transporter will not accept a reduced intra-day nomination for any quantity deemed already delivered based on the Elapsed Prorated Scheduled Quantity mechanism unless Transporter and each applicable upstream and downstream point operator otherwise agree, and if it does not cause an adverse operating condition for Transporter. (c) Transporter shall allow Shipper to alter the order of priority of receipts and deliveries upon which Transporter shall rely in taking actions to adjust receipts and/or deliveries under Section 4.1 above, provided that such changes are submitted via 1LineSM or EDM in accordance with the nomination deadlines set forth in 4.1(a), above. (d) Notice. For purposes of providing notice of any nomination changes (including where an interruptible Shipper's nomination is bumped by a firm Shipper's intra-day nomination) to a Shipper and/or Shipper's agent, Transporter shall use Electronic Communication. (e) Transporter accepts nominations twenty-four (24) hours a day. Any nomination submitted at a time that varies from the standard nomination timelines set forth in Section 4.1(a) will be processed provided (i) such nomination is confirmed with upstream and downstream point operators and (ii) it is feasible for Transporter to implement such nomination. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 23, 2010 Effective on: May 24, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 127A Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 5. PRIORITY OF SERVICE 5.1 Transporter shall have the right to curtail or discontinue services, in whole or in part, on all or a portion of its system at any time for reasons of Force Majeure or when capacity or operating conditions so require, or it is necessary to make modifications, repairs or operating changes to its system. Transporter shall provide Shipper such notice of such curtailment as is reasonable under the circumstances. Notwithstanding anything to the contrary contained in this Section 5.1, Transporter will schedule routine repairs and maintenance in a manner that to the greatest extent possible will not disrupt the flow of quantities scheduled and confirmed in accordance with Section 4 of the General Terms and Conditions. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 23, 2010 Effective on: May 24, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Sub First Revised Sheet No. 128 Original Volume No. 1 Superseding Original Sheet No. 128 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 5.2 For each nomination cycle, Transporter shall allocate capacity on the basis of nominations made by Shippers, utilizing the priorities of service, from highest to lowest, as set forth below: (a) Priority Class One. Rate Schedule FTS Primary Receipt Point(s) and Primary Delivery Point(s) within MDQ and within MHQ. (b) Priority Class Two. Rate Schedule FTS. Secondary Receipt or Delivery Point(s) within MDQ and within MHQ within the Primary Route. (c) Priority Class Three. Rate Schedule FTS. Secondary Receipt Point(s) or Delivery Points(s) within MDQ and within MHQ outside the Primary Route. (d) Priority Class Four. Rate Schedule ITS, Rate Schedule PALS. (e) Priority Class Five. Interruptible hourly flow quantities pursuant to Section 14 of the General Terms and Conditions. (f) Priority Class Six. Make-up Gas scheduled at Transporter's discretion. For purposes of determining whether points are within the Primary Route, a transaction from a Receipt Point to a Delivery Point which is counter to the Gas flow contemplated by the Primary Receipt Point and Primary Delivery Point shall be considered as being outside the Primary Route. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: April 30, 2003 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-007, et al., issued April 15, 2003, 03 FERC ¶ 61,068 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 129 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 6. SCHEDULING AND CURTAILMENT 6.1 Scheduling Capacity during a Start of Day Nomination Cycle. (a) Transporter shall allocate its pipeline capacity as well as each Receipt Point and each Delivery Point capacity on the basis of the priority classes listed in Section 5 above as follows: (i) prorata for Priority Class One nominations; then (ii) prorata for Priority Class Two; then (iii) prorata for Priority Class Three; then (iv) on the basis of Confirmed Price for Priority Class Four; then (v) make-up gas for FTS Agreements, then make-up gas for ITS Agreements. (b) Ties within any Priority Class shall be allocated pro rata based on nominations. 6.2 Scheduling Available Capacity during an Intra-day Nomination Cycle. Transporter shall schedule available capacity during each of the Intra-day Nomination Cycles in accordance with Section 6.1 above. Bumping of service is not allowed during the Intra-Day 2 Nomination Cycle which is effective at 9:00 p.m. CCT on the same service Day and all cycles thereafter for the remainder of the Day. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Sub First Revised Sheet No. 130 Original Volume No. 1 Superseding Original Sheet No. 130 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 6.3 Curtailment of Scheduled Volumes during a Day. If, at any time, Transporter determines that the capacity of its system, or portion(s) thereof, is insufficient to serve all scheduled service, or to accept the quantities of Gas tendered, capacity which requires curtailment shall be curtailed so as to provide the service which is feasible in the order prescribed for Scheduling in Section 6.1 above; provided, however, once scheduled Priority Class Two and Priority Class Three will have the same curtailment priority as Priority Class One; and provided, further, if the capacity constraint occurs on the upstream or downstream system which results in curtailment, the upstream or downstream operator shall determine the change in scheduled nominations of its Shippers. Such change in scheduled nominations shall be confirmed via 1LineSM or EDM. To enable prompt action in an emergency situation where capacity is insufficient, Transporter shall have the authority to take all necessary and appropriate actions, as then may appear necessary, to preserve the operational integrity of its system. Transporter shall notify Shippers of the existence of any such emergency situation by use of Electronic Communication, as soon as it is reasonably practicable. 6.4 Segmentation of Capacity by Nomination. Any Shipper receiving Transportation Service under Rate Schedule FTS shall have the right to segment its firm capacity by utilizing multiple Receipt Points and Delivery Points. The right to segment is subject to the requirement that a Shipper's firm capacity utilization pursuant to its Rate Schedule FTS Agreement and, if such Agreement is the result of capacity release, the firm capacity utilization of all other Shippers of capacity rights derived from the initial Rate Schedule FTS Agreement, does not exceed, in the aggregate (based on all relevant Shipper firm capacity utilization), the contract entitlements of the initial Rate Schedule FTS Agreement in any segment or at any point (including, without limitation, the relevant MDQ and/or MHQ) where the nominated segments overlap. For the purpose of determining whether there is an overlap of MDQ and/or MHQ, a forward haul and a Backhaul nominated to the same -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: April 30, 2003 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-007, et al., issued April 15, 2003, 03 FERC ¶ 61,068 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 131 Original Volume No. 1 Superseding Sub First Revised Sheet No. 131 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) Delivery Point at the same time shall not be deemed to be an overlap at that point. For the purpose of determining whether there is an overlap of MDQ on a segment, a forward haul and a Backhaul nominated on the same segment at the same time shall be deemed to be an overlap on the segment. As a general matter, a Shipper desiring to segment will have the right to utilize its Primary Receipt Point(s) and Primary Delivery Point(s), as well as all Secondary Receipt Points and all Secondary Delivery Points, so long as such use does not impair Transporter's ability to render firm Transportation Service, does not adversely affect Shippers' firm Transportation Service rights, and/or does not adversely affect the safe and reliable operation of Transporter's pipeline system. 6.5 Segmentation of Capacity by Capacity Release. Releasing Shippers can also segment capacity through capacity release in accordance with Section 26 of the General Terms and Conditions of Transporter's Tariff, subject to the requirement that the release (or multiple releases) does not increase the total contract entitlements in any segment or at any point (including, without limitation, the relevant MDQ and/or MHQ) above the contract entitlement of the initial Rate Schedule FTS Agreement. For the purpose of determining whether there is an overlap of MDQ and/or MHQ, a forward haul and a Backhaul nominated to the same Delivery Point at the same time shall not be deemed to be an overlap at that point. As a general matter, a Shipper (whether such Shipper is a Releasing Shipper or Replacement Shipper) will have the right to utilize the relevant Primary Receipt Point(s) and Primary Delivery Point(s), as well as all Secondary Receipt Points and all Secondary Delivery Points located within the portion of Transporter's system on which Shipper has the right to Transportation Service, so long as such use does not impair Transporter's ability to render firm Transportation Service, does not adversely affect Shippers' firm Transportation Service rights, does not adversely affect the safe and reliable operation of Transporter's pipeline system, direction of the Primary Route on such segment and/or does not result in quantities being nominated in any manner that is inconsistent with Section 26.1(a) of these General Terms and Conditions. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 3, 2004 Effective on: May 1, 2004 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-009, et al., issued February 17, 2004, 06 FERC ¶ 61,146 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 132 Original Volume No. 1 Superseding Original Sheet No. 132 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 7. DETERMINATION OF DAILY ALLOCATED RECEIPTS AND DELIVERIES 7.1 Allocation of Receipts/Deliveries. Unless an OBA is in effect, or unless Transporter and Operator mutually agree to allocate deliveries each Day using ranked, pro rata, percentage, swing or operator provided value methodologies, such deliveries will be allocated through the meter pro rata, to the extent applicable, based on confirmed nominations. Operator shall notify Transporter via 1LineSM after or during confirmation and before the end of the Service Day, that it desires to establish allocation priorities at Receipt and/or Delivery Points using any of the following methodologies: ranked, pro rata, percentage, swing or Operator provided value provided, however, Transporter will not be required to agree to any of such allocation methodologies if they are operationally or administratively infeasible. Transporter shall advise such Operator of the confirmed nominations at such Receipt/Delivery Point. The Operator shall establish an allocation priority for over and under production at the level of detail that the confirmed nominations are provided, and advise Transporter of such priorities via 1LineSM before the end of the Day. Any confirmed nominations that do not have established allocation priorities shall be considered as having the highest priority: -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 23, 2010 Effective on: May 24, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 133 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) In the case of under production, such allocation priorities shall be used by Transporter to allocate Gas, such that Transporter shall allocate Gas to each Shipper, in order of priority designated by the Operator, up to the full nomination of that Shipper, until the entire gross measured volume at such Receipt/Delivery Point is allocated. In the case of over production, such allocation priorities shall be used by Transporter to allocate Gas, such that Transporter shall allocate Gas to each Shipper, in order of priority designated by the Operator, equal to the full nomination of that Shipper, with any over produced quantities being allocated to the Shipper(s) with the lowest priority, until the entire gross measured volume at such Receipt/Delivery Point is allocated. Simultaneous Receipts and Deliveries. To the extent that both receipts and deliveries have been nominated at the same meter for any day: If the actual flow through the meter represents a delivery by Transporter, then the nominated receipts shall be allocated as nominated and the sum of such receipts shall be added to the metered quantity before any allocation is made in accordance with Section 7.1; or If the actual flow through the meter represents a receipt by Transporter, then the nominated deliveries shall be allocated as nominated and the sum of such deliveries shall be added to the metered quantity before any allocation is made in accordance with Section 7.1. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 134 Original Volume No. 1 Superseding Original Sheet No. 134 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 7.2 Prior Period Adjustments. In accordance with the provisions of Sections 2 and 11 of these General Terms and Conditions, Transporter shall use the best information available to close its allocation of quantities for a Service Month five (5) Business Days after such Service Month. To the extent that adjustments are made after the date of such close, such adjustments ("Prior Period Adjustments" or "PPA") shall be treated under this Section 7.2. If the PPA is due to the correction of measurement data or allocations, such adjustments shall be processed within six (6) Months of the applicable Service Month. If the affected party disputes the as-adjusted quantity, it is entitled to rebut the basis for the PPA, but only if it does so within three (3) Months of the processing of the PPA. Notwithstanding the above-specified deadlines for processing/rebutting PPAs, such deadlines shall not apply in the case of deliberate omission or misrepresentation or mutual mistake of fact. Parties' other statutory or contractual rights shall not be diminished by this standard. In addition, for a period of up to six (6) months after the end of the applicable Service Month Transporter will accept an adjustment for a scheduled nomination and/or allocation methodology provided that the requested change (i) is agreed upon in writing (including email) by all affected upstream and/or downstream parties and Transporter, and (ii) does not impact Transporter in a detrimental manner. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 23, 2010 Effective on: May 24, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 135 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 7.3 Trespass Gas. Gas that is received by Transporter during a Service Month at a Receipt Point for which there is no valid nomination shall be considered Trespass Gas. If Transporter receives Trespass Gas during a Service Month, it shall post such fact on 1LineSM, including the location and quantity of such Trespass Gas, for a period of thirty (30) Days after the end of the Service Month. The owner of such Trespass Gas may claim such Gas by informing Transporter in writing of such fact and by having the ownership verified by the Operator of the facilities upstream of the Receipt Point. Upon receiving a valid claim of ownership, Transporter shall first give the claimant the opportunity to move the Gas off of Transporter's system upon payment of the applicable Transportation charges and PALS. Alternatively, the claimant may request payment of an amount (as full consideration, inclusive of taxes and any other amounts) equal to the product of the quantity of Trespass Gas times the Low Common price (as determined pursuant to Section 8.7 of the General Terms and Conditions) for the Month on which the gas is received, for the Service Month in which the Trespass Gas was received. If there is no valid claim for such Trespass Gas within such thirty (30) day posting period, Transporter shall be allowed to retain such Trespass Gas. 7.4 Conversion of Gas. Any party that takes Gas without Transporter's authorization shall be liable for paying the High Common price (as determined pursuant to Section 8.7 of the General Terms and Conditions) for the Month in which the Gas was taken, in addition to any other costs, losses, and damages attributable to such taking, in addition to any legal remedies otherwise available. Any penalty revenues received by Transporter as a result of the operation of Sections 7.3 and 7.4 above will be credited pursuant to Sections 24.2 and 24.3 of the General Terms and Conditions. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 136 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 8. IMBALANCE RESOLUTION PROCEDURES 8.1 For the purposes of this Section 8, "Receipt" or "Receipts" shall mean quantities of Gas allocated pursuant to Section 7 of these General Terms and Conditions, net of Transporter's Use, and "Delivery" or "Deliveries" shall mean quantities of Gas allocated pursuant to Section 7. After the end of each Service Month, Transporter shall render to Cashout Party a statement detailing any imbalance between Monthly Receipts and Monthly Deliveries under all of Cashout Party's Transportation Agreements ("Imbalance Statement"), subject to Transporter's Billing and Payment provisions contained in Sections 9 and 10 of these General Terms and Conditions. 8.2 Cumulative Daily Transportation Imbalances shall be subject to the following imbalance resolution procedures. (a) Definition of Transportation Imbalance: "Transportation Imbalance" shall mean the difference between a Shipper's allocated Receipts and allocated Deliveries under any firm or interruptible Agreement. All imbalances will be calculated on a daily basis and designated to be at the applicable Delivery Point. (b) Definition of an Imbalance Due Cashout Party: "Due Cashout Party" shall mean that Deliveries under an Agreement at the Delivery Point are less than Receipts at the Receipt Point, adjusted for Transporter's Use; such difference in quantity is "Due To" a Cashout Party (or its Agent). (c) Definition of an Imbalance Due Transporter: "Due Transporter" shall mean that Deliveries under an Agreement at the Delivery Point exceed Receipts at the Receipt Point, adjusted for Transporter's Use; such difference in quantity is "Due From" a Cashout Party (or its Agent). -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Sub Second Revised Sheet No. 137 Original Volume No. 1 Superseding Sub Original Sheet No. 137 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 8.3 Netting: For each Month, all cumulative Transportation Imbalances within an Operational Impact Area will be netted among each of Cashout Party's firm and interruptible Agreements. For those points that are bi-directional, the net direction of the quantities transported for a Cashout Party will determine whether the point will be identified for that Cashout Party as a Receipt or Delivery Point each Month. 8.4 Trading: Posting and trading of the previous Month's netted Transportation Imbalances will be allowed within each Operational Impact Area between imbalance agents (or the Cashout Party, if no imbalance agent exists) from the first calendar Day of the current Month until the end of the 17th Business Day of the current Month. Imbalances to be posted for trading should be authorized by the Cashout Party. Authorizations to post imbalances that are received by Transporter by 11:45 A.M. should be effective by 8:00 A.M. the next Business Day (Central Clock Time). Imbalances previously authorized for posting should be posted on or before the ninth business day of the month. Transporter should provide the ability to view and, upon request, download posted imbalances. Transporter should not be required to post zero imbalances. When trading imbalances, a quantity should be specified. Trading will be allowed -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: April 30, 2003 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-007, et al., issued April 15, 2003, 03 FERC ¶ 61,068 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 137A Original Volume No. 1 Superseding Sub First Revised Sheet No. 137A -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) only when (i) imbalances are within the same Operational Impact Area and (ii) the resulting trade will reduce the imbalances for each Cashout Party or its imbalance agent. Transporter shall allow Cashout Parties to trade imbalances with other Cashout Parties within the same Operational Impact Area if the two Cashout Parties' imbalances are offsetting balances such that the net imbalance for each Cashout Party after the completion of the trade would be reduced to a quantity closer to zero. A Cashout Party may trade any imbalance with another Cashout Party, provided that the trade shall not result in a transportation path which crosses a Posted Point of Restriction; provided further that to the extent the imbalances were incurred during the remainder of the month when no posted point of restriction was in effect, those imbalances are available for trading. Transporter should enable the imbalance trading process by receiving the request for imbalance trade, receiving the imbalance trade confirmation, sending the imbalance trade notification, and reflecting the trade prior to or on the next monthly Shipper imbalance or cashout statement. After receipt of an imbalance trade confirmation, Transporter should send the imbalance trade notification to the initiating trader and the confirming trader no later than noon (Central Clock Time) the next Business Day. Imbalance trades can only be withdrawn by the initiating trader and only prior to the confirming trader's confirmation of the trade. Imbalance trades are considered final when confirmed by the confirming trader and effectuated by Transporter. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 3, 2004 Effective on: May 1, 2004 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-009, et al., issued February 17, 2004, 06 FERC ¶ 61,146 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 138 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 8.5 Final Resolution of Transportation Imbalances: If Cashout Party has a Transportation Imbalance remaining after the close of the trading period, such Transportation Imbalance will be cashed out in accordance with the cashout provisions set forth in Section 8 herein. 8.6 All balancing shall be based on the applicable Delivery Point within an Operational Impact Area. Cashout Party or its Agent(s) may nominate transactions (in accordance with Section 4 of the General Terms and Conditions) during the Month to correct Transportation Imbalances within an Operational Impact Area. Transporter's ability to receive or deliver imbalance quantities shall be dependent upon Transporter's physical operations, and Transporter is under no obligation to allow Receipt or Delivery of such quantities for resolution of Transportation Imbalances if it determines, such activity would jeopardize pipeline operations. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 139 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 8.7 Cashout Provision. At the time Transporter tenders an invoice(s) to Cashout Party for Transportation Service during the previous Month, Transporter shall invoice Cashout Party, or credit Cashout Party's invoice, as appropriate, to resolve in cash any net monthly Imbalance remaining between actual Receipts, adjusted for Transporter's Use, and actual Deliveries after the period during which the relevant Transportation Imbalance quantities have been subjected to the imbalance resolution mechanisms set forth in this Section 8. Transporter will send with each invoice a statement detailing the unresolved imbalance amount and detailing the amount due in accordance with the following calculations. (a) Cashout Price. The Cashout Price shall be determined on a daily and monthly basis. The cashout High Common price shall be determined by use of the highest daily price for the Month and the first seven Days of the subsequent Month as published in Platts Gas Daily "Daily Price Survey" postings for Common prices for "Florida Gates via FGT". The cashout Low Common price shall be determined by use of the lowest daily price for the Month and the first seven Days of the subsequent month as published in Platts Gas Daily "Daily Price Survey" postings for Common prices for "Florida Gates via FGT". The average Midpoint price shall be determined by the arithmetical average of Platts Gas Daily "Daily Price Survey" "Midpoint" price for "Florida Gates via FGT" for the month and the first seven days of the subsequent month. The daily index prices will be posted on 1LineSM. All references to "Cashout Price" in these General Terms and Conditions refer to the "Midpoint" price contemplated in this Section 8.7(a), with the exception of this Section 8 (which refers to the "Midpoint" price only if the context so requires}. Cessation of Publications. If on any Day, the reported prices referenced above are not published, Transporter shall determine the Florida city gate spot price using another similar publication selected by Transporter, in its reasonable judgement, that is broadly published and widely accepted within the natural gas industry as a reliable source for the quotation of Gas prices. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 140 Original Volume No. 1 Superseding Original Sheet No. 140 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (b) Imbalance Due Transporter. In the event a monthly imbalance is an Imbalance Due Transporter, Transporter shall charge Cashout Party for such excess Deliveries plus an allowance for fuel calculated by multiplying such excess Deliveries by the applicable Transporter's Use %. If a Cashout Party's monthly imbalance is in the opposite direction from the Monthly System Imbalance or is less than or equal to 5%, the monthly cashout bill will be based on the average Midpoint price contemplated in Section 8.7(a). The Monthly System Imbalance will be calculated at the same time the initial cashout bill for that Month is generated. If a Cashout Party's Monthly Imbalance is greater than 5% and is in the same direction as the Monthly System Imbalance, the monthly cashout bill will be based on the accumulated sum of the results of the formulas listed below such that, and until, the total Monthly Imbalance is fully accounted for: Imbalance Level Factor Applicable Cashout Price 0% - = <5% 1.00 average Midpoint > 5% - =<10% 1.10 (High Common x quantity > 5%) + level above >10% - =<15% 1.20 (High Common x quantity >10%) + levels above >15% - =<20% 1.30 (High Common x quantity >15%) + levels above >20% - =<25% 1.40 (High Common x quantity >20%) + levels above >25% 1.50 (High Common x quantity >25%) + levels above For purposes of determining the appropriate cashout Factor, Cashout Party's imbalance level shall be determined by taking the lower of (a) the level of imbalance supplied pursuant to Section 25.2, or (b) the imbalance computed by comparing (i) the Deliveries at the Delivery Point and (ii) the Receipts at the Receipt Point and by dividing the amount of the excess Deliveries by the Receipts less the Transporter's Use. For OBA imbalances that are resolved pursuant to this Section 8, the calculation of cashout charges relating to excess Deliveries shall also include a Transportation imbalance charge, which shall be calculated by multiplying the excess Delivery quantity by the actual weighted average of all applicable Usage Rates owed on all quantities of Gas delivered during the Month to that OBA Party. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 3, 2004 Effective on: March 1, 2004 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-009, et al., issued February 17, 2004, 06 FERC ¶ 61,146 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 140A Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (c) Imbalance Due Cashout Party. In the event of a Monthly Imbalance which is an Imbalance Due Cashout Party, Transporter shall make a cashout payment to Cashout Party reflecting such excess Receipts. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 3, 2004 Effective on: March 1, 2004 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-009, et al., issued February 17, 2004, 06 FERC ¶ 61,146 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 141 Original Volume No. 1 Superseding Original Sheet No. 141 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) If a Cashout Party's Monthly Imbalance is in the opposite direction from the Monthly System Imbalance or is less than or equal to 5%, the monthly cashout bill will be based on the average Midpoint price contemplated in Section 8.7(a). The Monthly System Imbalance will be calculated at the same time the initial cashout bill for the billing Month is generated. If a Cashout Party's Monthly Imbalance is greater than 5% and is in the same direction as the Monthly System Imbalance, the monthly cashout bill will be based on the accumulated sum of the results of the formulas listed below such that, and until, the total Monthly Imbalance is fully accounted for: Imbalance Level Factor Applicable Cashout Price 0% - = <5% 1.00 average Midpoint >5% - =<10% .90 (Low Common x quantity > 5%) + level above >10% - =<15% .80 (Low Common x quantity >10%) + levels above >15% - =<20% .70 (Low Common x quantity >15%) + levels above >20% - =<25% .60 (Low Common x quantity >20%) + levels above >25% .50 (Low Common x quantity >25%) + levels above For purposes of determining the appropriate cashout Factor, Cashout Party's imbalance level shall be determined by taking the lower of (a) the level of imbalance supplied pursuant to Section 25.2, or (b) the imbalance computed by comparing (i) the Deliveries at the Delivery Point and (ii) the Receipts at the Receipt Point and by dividing the excess Receipts by the total Receipts less Transporter's Use. For OBA imbalances that are resolved pursuant to this Section 8, the calculation of the amount due the Cashout Party relating to excess Receipts shall also include a Transportation imbalance credit, which shall be calculated by multiplying the excess Receipt quantity by the actual weighted average of all applicable Usage Rates owed on all quantities of Gas delivered during the Month to that OBA Party. Transporter shall have no responsibility for the distribution of funds beyond the initial distribution, in accordance with this resolutions procedure, to the Cashout Party. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 3, 2004 Effective on: March 1, 2004 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-009, et al., issued February 17, 2004, 06 FERC ¶ 61,146 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 142 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (d) A Cashout of Transportation Imbalances at prices above or below the average Midpoint price shall not occur if it has been determined that such Transportation Imbalances are due to Transporter's negligence. Additionally, a Cashout of Transportation Imbalances due to Imbalance Due Transporter quantities or Imbalance Due Cashout Party quantities shall be limited to the average Midpoint price if such imbalances occurred during circumstances of Force Majeure that directly affect the Transporter's or upstream or downstream facilities over which Gas is transported under the applicable Agreement, or during circumstances of Force Majeure that directly affect Shipper's facilities for the period until Shipper has an opportunity to adjust its nominations, or were the direct result of an OFO issued to the Shipper or its supplier. 8.8 Cashout of Transportation Imbalances at Agreement Expiration. At the time of expiration of an Agreement, all Transportation Imbalances shall be resolved pursuant to the provisions of Section 8.7 above. 8.9 Annual System Cashout Mechanism. Transporter shall establish an annual mechanism to determine the costs of implementing this Cashout provision. Such mechanism shall calculate, on a system-wide basis, the annual gross balance (positive or negative) derived from the Cashout program, which will be accounted for and disposed of in accordance with Section 23.3 of the General Terms and Conditions. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 143 Original Volume No. 1 Superseding Original Sheet No. 143 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 9. BILLING 9.1 Transporter shall render an invoice(s) to Shipper for each Month for (i) all Transportation Services provided pursuant to this Tariff during the preceding Month; and (ii) any other charges for which Shipper is liable under the Tariff or Shipper's other obligations. Unless otherwise agreed, Transportation invoices shall state the net billing rate, rather than the Recourse Rate or the negotiated rate or discount amount. The Imbalance Statement shall be rendered prior to or with the transportation invoice(s), and the transportation invoice(s) shall be prepared on or before the 9th Business Day after the end of the Service Month. Rendered is defined as postmarked, time-stamped, and delivered to the designated site or designated as approved or final on 1LineSM. Shipper may choose on 1LineSM to be notified via e-mail when invoices are rendered. Prior Period Adjustment time limits shall be 6 Months from the date of the initial transportation invoice(s) with a 3- Month rebuttal period, excluding government-required rate changes. This standard shall not apply in the case of deliberate omission or misrepresentation or mutual mistake of fact. Parties' other statutory or contractual rights shall not otherwise be diminished by this standard. Prior Period Adjustments shall be reported by production date, but do not have to be invoiced separately by production Month nor is each production Month a separate paper invoice page. 9.2 With respect to Cashout invoices, an Imbalance Statement and associated invoice shall be rendered in the second Month after the Monthly Transportation Imbalance occurs, which shall reflect the amount Due Transporter or a credit for the amount Due Cashout Party, as determined in Section 8 herein will be rendered with the Monthly Transportation invoice. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 1, 2002 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-004, et al., issued July 2, 2002, 00 FERC ¶ 61,018 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 144 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 9.3 Both Transporter and Shipper shall have the right to examine at any reasonable time the applicable records of the other to the extent necessary to verify the accuracy of any statement made under or pursuant to the provisions of the Agreement. Upon receipt of a request, the recipient will either send the relevant information to the requestor or will provide the requestor the right to review such information in the recipient's offices. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 145 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 10. PAYMENTS 10.1 All payments for invoices due to Transporter by Shipper shall be made by Shipper to a depository designated by Transporter via electronic funds transfers within ten (10) Days of the Day the invoice is rendered, (the "Payment Due Date"). Shipper shall submit any necessary supporting documentation with its payment except as provided below; Transporter shall apply payment per supporting documentation provided by Shipper, and if payment differs from the invoiced amount, remittance detail shall be provided with the payment except when payment is made by electronic funds transfer (EFT), in which case, the remittance detail is due within two Business Days of the payment date. Invoice number(s) shall be identified on all payments. If presentation of an invoice to Shipper is delayed after the 10th Day of the Month, the Payment Due Date shall be extended by an equal number of Days, unless Shipper is responsible for such delay. 10.2 Should Shipper fail to pay all of the amount of any invoice as herein provided, on or before the Payment Due Date, Shipper shall pay a charge for late payment which shall be included by Transporter on the next regular Monthly bill rendered to Shipper under this Section 10. Such charge for late payment shall be determined by multiplying (a) the unpaid portion of the invoice, by (b) the ratio of the number of Days from the Payment Due Date to the date of actual payment to 365, by (c) the interest rate determined in accordance with Section 154.501(d) of FERC's regulations. If such failure to pay continues for 30 Days after the Payment Due Date, Transporter, in addition to any other remedy it may have under the relevant Agreement, may terminate such Agreement and suspend further delivery of Gas without further notice; provided Transporter provides Shipper with 10 Days prior written notice of such termination and provided further such termination shall not be effective if, prior to the date of termination Shipper complies with the billing dispute procedure in Section 10.4 of the General Terms and Conditions of Transporter's Tariff. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 146 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 10.3 In the event an error is discovered in the amount billed in any statement rendered by Transporter, such error shall be adjusted within 30 Days of the determination of the error; provided that any claim therefore shall have been made within 60 Days of discovery of such error and, in any event, within 6 Months from the date of the statement claimed to be in error. Billing errors shall be corrected as follows: (a) Where Shipper has been overcharged and has paid the statement, in the event the overcharge is not the result of Transporter's negligence or bad faith, fraud or willful misconduct, the amount of the overpayment will be refunded to Shipper without interest provided the overpayment is refunded within 30 Days. Overpayments not refunded within 30 Days will be subject to interest charges at the interest rate determined in accordance with Section 154.501(d) of FERC's regulations from the date of the overpayment to the date of the refund. Where the refund is provided to Shipper by way of credit on a subsequent invoice rendered to Shipper by Transporter, the overpayment will be deemed to have been refunded on the date the credited invoice was received by Shipper. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 147 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (b) Where Shipper has been undercharged by Transporter, Shipper will pay the amount of the undercharge without interest provided the undercharge is paid within 30 Days. Undercharge amounts not paid within 30 Days will be subject to interest charges at the interest rate determined in accordance with Section 154.501(d) of FERC's regulations from the date of the statement. Shipper shall have the right to review all records pertaining to its performance under Shipper's Agreement to verify the amount payable by Shipper to Transporter under the Agreement in any Month, so long as such review shall be completed within two years following the end of the calendar year in which such amount is payable. Such review shall be conducted during normal business hours, upon written request to Transporter and at Shippers' own expense. 10.4 If an invoice is in dispute, Shipper shall pay the portion not in dispute and provide documentation identifying the basis for the dispute. If Shipper in good faith: (a) disputes the amount of any such bill or part thereof; (b) pays to Transporter such amounts as it concedes to be correct; (c) provides Transporter with a written notice including a full description of the reasons for the dispute, together with copies of supporting documents; and -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 148 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (d) at any time thereafter within 20 Days of a demand made by Transporter furnishes good and sufficient surety bond, guaranteeing payment to Transporter of the amount ultimately found due upon such bill after a final determination which may be reached either by agreement or judgement of the courts, as may be the case, then Transporter shall not be entitled to suspend further services because of such non-payment pursuant to Section 10.2 unless and until default be made in the conditions of such bond. 10.5 In the event that Shipper does not pay the full amount due Transporter in accordance with this Section 10, Transporter, without prejudice to any other rights or remedies it may have, shall have the right to withhold and set off payment of any amounts of monies due or owing by Transporter to Shipper, against any and all amounts or monies due or owing by Shipper to Transporter for Transportation Services provided. 10.6 Any payments received under this Section 10 shall first be applied to accrued interest, then to additional charges due, then to the previously outstanding principle, and lastly, to the most current principle due. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 149 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 11. POSSESSION OF GAS Unless otherwise provided in the Agreement or applicable Rate Schedule, as between Transporter and Shipper, Shipper shall be deemed to be in exclusive control and possession of the Gas (i) prior to receipt by Transporter at the Receipt Point(s) and (ii) after delivery by Transporter at the Delivery Point(s); otherwise, Transporter shall be in exclusive control and possession of the Gas. The party which shall be in exclusive control and possession of the Gas shall be responsible for all injury or damage caused thereby to any third party except any injury or damage caused by Gas provided by Shipper that fails to conform with the specifications set forth in Section 3. In the absence of bad faith or willful misconduct on the part of Transporter, Shipper waives any and all claims and demands against Transporter, its officers, employees or agents, arising out of or in any way connected with (i) the quality, use or condition of the Gas after delivery from Transporter for the account of such Shipper, (ii) any losses or shrinkage of Gas during or resulting from Transportation hereunder, and (iii) all other claims and demands arising out of Transporter's performance of its duties hereunder. 12. RECEIPT AND DELIVERY POINT PRESSURE 12.1 All gas tendered by or on behalf of Shipper to Transporter will be delivered at Receipt Points at a pressure sufficient to enter Transporter's system up to Transporter's Maximum Allowable Operating Pressure. 12.2 Unless otherwise agreed to, Transporter will redeliver Gas at the Delivery Points nominated by Shipper at Transporter's prevailing line pressure of no less than 250 pounds per square inch, gauge pressure ("Minimum Delivery Pressure"). If Transporter and Shipper otherwise agree on the Minimum Delivery Pressure at a Delivery Point(s), it will be set forth on Exhibit A of the Agreement. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 150 Original Volume No. 1 Superseding Original Sheet No. 150 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 13. OPERATIONAL FLOW ORDERS (OFOs) 13.1 Notification of Conditions that May Require the Issuance of an OFO or Action Alert: Transporter shall provide prior notice, via posting on 1LineSM and to affected Shippers and point operators through the affected party's choice of Electronic Delivery Mechanism(s), of upcoming events that may affect Transporter's pipeline system such as anticipated weather patterns or operational situations that may necessitate the issuance of an OFO pursuant to this Section 13. 13.2 Circumstances Warranting Issuance of an Operational Flow Order: Transporter shall have the right to issue Operational Flow Orders as specified in this Section 13 that require actions by Shippers/point operators in order (1) to alleviate conditions that threaten to impair Transporter's ability to provide reliable service, (2) to maintain pipeline operations at the pressures required to provide efficient and reliable service, (3) to have adequate Gas supplies in Transporter's system to receive and deliver Gas consistent with its firm Transportation Service obligations, (4) to maintain Transportation Service to all firm Shippers and for all firm Transportation Services, and (5) to maintain Transporter's system in balance for the foregoing purposes. Transporter shall lift any effective Operational Flow Order, promptly upon the cessation of operating conditions that caused the relevant system problem(s). Routine repairs and maintenance will not be used as a basis for issuing OFOs. Transporter will plan routine repairs and maintenance by scheduling such activities in advance. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: June 19, 2002 Effective on: May 28, 2002 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-004, et al., issued May 20, 2002, 99 FERC ¶ 61,193 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 151 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 13.3 Voluntary Actions to be Taken to Avoid Issuance of an Operational Flow Order: Transporter shall, to the extent practicable, take all reasonable actions necessary to avoid issuing an Operational Flow Order. Such actions may include (1) working with point operators to temporarily adjust, by mutual agreement, Receipts and/or Deliveries at relevant Receipt Point(s) or Delivery Point(s), (2) working with Shippers/point operators to adjust, by mutual agreement, scheduled flows on Transporter's system, (3) issuing an Action Alert designed to mitigate the conditions which, if continued, would require the issuance of an Operational Flow Order, or (4) taking any other reasonable action designed to mitigate the system problem. After taking all such reasonable actions to avoid issuing an Operational Flow Order, Transporter will have the right to issue Operational Flow Orders, if necessary, in the circumstances described in Sections 13.2 and 13.7. 13.4 Applicability of Operational Flow Orders or Action Alerts: Transporter shall issue an Operational Flow Order or Action Alert as localized as is reasonably practicable based on Transporter's good faith judgment concerning the situations requiring remediation such that an Operational Flow Order or Action Alert will be directed (1) to Shippers/point operators causing the problem necessitating the Operational Flow Order or Action Alert or transporting Gas in the area of Transporter's system in which there is an operational problem, and (2) to those Shippers/point operators transporting Gas in the area of Transporter's system where action is required to correct the problem necessitating the Operational Flow Order or Action Alert. Transporter will tailor the Operational Flow Order or Action Alert to match the severity of the known or anticipated operational problem requiring remediation as more fully set forth in subsections 13.6 and 13.7. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 152 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 13.5 Notice: All Operational Flow Orders and Action Alerts will be issued via posting on 1LineSM to be followed by facsimile or telephone notification to the affected Shippers and point operators and notification to the affected parties through the affected party's choice of Electronic Delivery Mechanism(s). The Operational Flow Order/Action Alert will set forth (1) the time and date of issuance and effectiveness, (2) the actions a Shipper/point operator is required to take, (3) the time by which a Shipper/point operator must be in compliance with the Operational Flow Order/Action Alert, (4) the anticipated duration of the Operational Flow Order/Action Alert, and (5) any other terms that Transporter may reasonably require to ensure the effectiveness of the Operational Flow Order or Action Alert. Each Shipper and point operator must designate one or more persons, but not more than three persons, for Transporter to contact on operating matters at any time, on a 24-Hour a Day, 365-Day a year basis. Such contact persons must have adequate authority and expertise to deal with such operating matters. If Transporter cannot contact any Shipper/point operator because that Shipper/point operator has failed to designate a contact person or Shipper's/point operator's contact person is unavailable, Transporter shall not be responsible for any consequences that result from its subsequent actions taken to alleviate the system problem. Transporter, however, will make reasonable continuing efforts to notify the affected Shipper/point operator. In addition to the other information contemplated by this Section 13.5, such notice shall also include information about the status of operational variables that determine when an Operational Flow Order or Action Alert will begin and end, and Transporter shall post periodic updates of such information, promptly upon occurrence of any material change in the information. Transporter will post a notice on 1LineSMinforming the Shipper/point operator when any Operational Flow Order or Action Alert in effect will be cancelled and specifying the factors that caused the Operational Flow Order or Action Alert to be issued and then lifted, to the extent such factors are known. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 153 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 13.6 Action Alerts: In the event that, in Transporter's judgment, action is required to avoid a system integrity issue, Transporter may issue Action Alerts. (a) Issuance of Action Alerts: Action Alerts will be noticed in accord with the procedures set forth in Section 13.5 and will be issued a minimum of four hours, or such shorter period of time as Transporter deems reasonable under the circumstances, prior to the required action by the Shipper/point operator. (b) Required Actions: Action Alerts can be issued to effect any of the following: (i) curtailment of interruptible services; (ii) restrictions of deliveries to specific Receipt or Delivery Point(s) covered by an Operational Balancing Agreement to the aggregate MDQ under the firm Transportation Agreements whose Primary Receipt and/or Delivery Points are at the affected locations; (iii) forced balancing such that point operators will be required to assure that nominations equal flows or that Receipts and Deliveries fall within the tolerance level designated in the Action Alert; and/or (iv) any action required to maintain the integrity of Transporter's System. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 154 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 13.7 Operational Flow Orders: In the event that (1) Shipper/point operator does not respond to an Action Alert, or (2) the actions taken thereunder are insufficient to correct the system problem for which the Action Alert was issued, or (3) there is insufficient time to carry out the procedures with respect to Action Alerts, Transporter may periodically take unilateral action, including the curtailment of firm Transportation Service, to maintain the operational integrity of Transporter's system (or any portion thereof). For purposes of this Section 13.7, the operational integrity of Transporter's system shall encompass the integrity of the physical system and the preservation of physical assets and their performance, the overall operating performance of the entire physical system (or any portion thereof), and the maintenance (on a reliable and operationally sound basis) of total system deliverability and the quality of Gas delivered. Notice of an Operational Flow Order will be provided pursuant to and in accordance with Section 13.5 above. 13.8 Penalties: If a Shipper/point operator fails to comply with an Action Alert or Operational Flow Order, the Shipper/point operator shall be subject to a penalty as follows: Action Alert penalty for each Dekatherm of Gas by which Shipper/point operator deviated from the requirements of the Action Alert equal to the product of 200% times the "Florida Gates via FGT", "High Common" price published in "Platts Gas Daily" "Daily Price Survey", for each Day that said Action Alert is in effect. Operational Flow Order penalty for each Dekatherm of Gas by which Shipper/point operator deviated from the requirements of the Operational Flow Order equal to the product of 500% times the "Florida Gates via FGT", "High Common" price published in "Platts Gas Daily" "Daily Price Survey", for each Day that said Operational Flow Order is in effect. Any penalty revenues received by Transporter as a result of the operation of Section 13.8 above will be credited pursuant to Section 24.4 of the General Terms and Conditions. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 155 Original Volume No. 1 Superseding Original Sheet No. 155 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 13.9 Liability of Transporter: Transporter shall not be liable for any costs or damages incurred by any Shipper/point operator in complying with an Operational Flow Order. Transporter shall not be liable for any costs or damages that result from any interruption in Shipper's/point operator's service that is a result of a Shipper's/point operator's failure to comply promptly and fully with an Operational Flow Order. Shipper/point operator shall indemnify Transporter against any claims of liability, provided, however, that Transporter shall use reasonable efforts to minimize any such costs or damages. 14. HOURLY FLOWS 14.1 Unless otherwise agreed, Shipper shall deliver, or cause to be delivered and Transporter shall receive at each Receipt Point, Gas at uniform rates over a twenty-four (24) hour period to the extent practicable. Unless otherwise agreed, Transporter shall deliver and Shipper shall receive, or cause to be received at each Delivery Point Gas at up to the Maximum Hourly Flow Rates, and within Shipper's MHQ, as provided in Shipper's Agreement. In addition, Transporter may deliver to Shipper(s), on an interruptible basis and with no additional charge for the additional hourly flexibility, Gas at hourly flows rates in excess of Shipper's(s') primary or secondary point hourly flow rights so long as such excess hourly flows do not adversely affect Transporter's ability to meet other scheduled firm and interruptible services or otherwise affect the safe and reliable operation of Transporter's system. 14.2 Transporter shall recognize that the parties may be unable to control exactly the quantities of Gas received and delivered on any Day and that the quantities received by Transporter may vary from the quantities delivered on any Day. Such variations shall be kept to a minimum and shall be balanced as soon as practicable. Shipper and Transporter shall manage the receipts and deliveries so that the difference between receipt quantities and delivery quantities shall be kept as near zero as practicable, taking into account Transporter's Use and other deductions. Further, Transporter shall be under no obligation to accept from Shipper Gas in excess of the scheduled amount for the Receipt Point for that Day. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: April 30, 2003 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-007, et al., issued April 15, 2003, 03 FERC ¶ 61,068 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 156 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 15. WARRANTY OF TITLE 15.1 This Article shall apply to all service unless otherwise provided in the applicable Rate Schedule or Agreement. 15.2 Shipper warrants for itself, its successors and assigns, that it will have, at the time of delivery of Gas hereunder, good title to the Gas it delivers, that the Gas it delivers hereunder shall be free and clear of all liens, encumbrances and claims whatsoever, that it will indemnify the Transporter and save it harmless from all suits, actions, debts, accounts, damages, costs, losses, and expenses arising from or out of any adverse claims of any and all persons to said Gas and/or to royalties, taxes, license fees, or charges thereon which are applicable for such delivery of Gas and that it will indemnify the Transporter and save it harmless from all taxes or assessments which may be levied and assessed upon such delivery and which are by law payable by and the obligation of the party making such delivery. 15.3 If Shipper's title or right to deliver Gas to be transported is questioned or involved in any action, Shipper shall not qualify for or shall be ineligible to continue to receive service until such time as Shipper's title or right to deliver is free from question; provided, however, Transporter shall allow Shipper to qualify for or continue receiving service under this Tariff if Shipper furnishes a bond satisfactory to Transporter. 15.4 Title to the Gas received by Transporter at the Receipt Point(s) shall not pass to Transporter, except that title to Gas delivered for Transporter's system fuel and uses and Gas lost and unaccounted for shall pass to Transporter upon delivery at the Receipt Point(s). -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 157 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 16. FORCE MAJEURE 16.1 If either Transporter or Shipper fails to perform any obligations under an Agreement due to an event of Force Majeure, such failure shall be deemed not to be a breach of such obligations and neither party shall be liable in damages or otherwise as a result of an event of Force Majeure. A party that fails to perform any obligations under an Agreement where such failure is caused by an event of Force Majeure shall promptly remedy the cause of the Force Majeure insofar as it is reasonably able to do so. 16.2 Notwithstanding the above provisions, no event of Force Majeure shall: (a) relieve any party from any obligation or obligations pursuant to an Agreement unless such party gives notice with reasonable promptness of such event to the other party; (b) relieve any party from any obligation or obligations pursuant to an Agreement after the expiration of a reasonable period of time within which, by the use of its due diligence, such party could have remedied or overcome the consequences of such event of Force Majeure; or (c) relieve either party from its obligations to make payments of amounts as provided in the applicable Rate Schedule, subject to any credit provided for in the applicable Rate Schedule. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 158 Original Volume No. 1 Superseding Original Sheet No. 158 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 17. NOTICES Except when the terms of this Tariff require or allow for communication via 1LineSM or EDM, any communication, notice, request, demand, statement, or bill provided for in the Tariff or in an Agreement or OBA, or any notice which either Transporter or Shipper may desire to give to the other, shall be in writing and shall be considered as duly presented, rendered, or delivered when mailed by either post-paid registered or ordinary mail or when sent by telegram, cable, telecopy, telex, express mail service, or such other method mutually agreed upon between the parties. The material so sent shall be addressed to the pertinent party at its last known post office address, or at such other address as either party may designate. 18. MODIFICATION No modification of the terms and provisions of an Agreement shall be made except by the execution of written contracts. 19. WAIVER 19.1 Transporter may waive any of its rights or any obligations of Shipper hereunder as to any specific right or obligation that has already arisen or in advance as to any specific, temporary issue on a case-by-case basis that is not unduly discriminatory. 19.2 No waiver by either Transporter or Shipper of any one or more defaults by the other in the performance of any provisions of the Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like or of a different character. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 23, 2010 Effective on: May 24, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 159 Original Volume No. 1 Superseding Original Sheet No. 159 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 20. SCHEDULES AND CONTRACTS SUBJECT TO REGULATION This Tariff, including these General Terms and Conditions and the respective obligations of the parties under an Agreement, are subject to valid laws, orders, rules, and regulations of duly constituted authorities having jurisdiction and are subject to change from time to time by addition, amendment, or substitution as provided by law. 21. OPERATIONAL BALANCING AGREEMENTS ("OBAs") 21.1 For the purposes of minimizing operational conflicts between various natural gas facilities with respect to the delivery of gas to and from Transporter's facilities, Transporter may negotiate and execute on a not-unduly discriminatory basis mutually agreeable OBAs with appropriate parties that operate natural gas facilities interconnecting with Transporter's system (any such party will be referred to herein as the "OBA Party"). Transporter must enter into OBAs at all points of interconnection between its system and the system of another interstate or intrastate pipeline. Such OBAs shall specify the Gas custody transfer procedures to be followed by Transporter and the OBA Party for the confirmation of scheduled quantities to be received by Transporter at Receipt Point(s) and delivered by Transporter at Delivery Point(s). Such OBA will provide that any variance between actual quantities and scheduled quantities at the point where the OBA is in place for any Day shall be resolved pursuant to the terms of the OBA. To facilitate such determination of variances on a timely basis, Transporter and the OBA Party will agree in the OBA on necessary measurement and accounting procedures. Transporter shall post on 1LineSM those Receipt Point(s) and Delivery Point(s) at which an OBA is in effect. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: April 30, 2003 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-007, et al., issued April 15, 2003, 03 FERC ¶ 61,068 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 160 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 21.2 If Receipt or Delivery Point Operators have not executed an OBA with Transporter as described in Section 21.1, then any variance between actual quantities and scheduled quantities for any Day for that Receipt or Delivery Point shall be cumulated for the month for the Shipper(s) responsible for the imbalance, and such monthly imbalances will be subject to the cashout of monthly imbalances as set forth in Section 8 herein. 21.3 Resolution of OBA Imbalance: Transporter and the OBA Party shall resolve any imbalances in accordance with the procedures set forth in the OBA. Unless otherwise agreed, OBA imbalances shall be resolved on a monthly basis by cashout mechanism. 21.4 Form of OBA Agreement. A Form of OBA Agreement is displayed on 1LineSM for informational purposes. 22. NEW FACILITIES POLICY 22.1 Unless otherwise mutually agreed to by the parties, Transporter shall not be required to own, construct and install any facilities to perform any service requested by a Shipper under this Tariff. In the event Transporter agrees to own, construct and install facilities to perform services requested including, but not limited to, hot tap, side valve, measurement, Gas supply lateral lines, looping and/or compression facilities, Transporter shall do so on a not unduly discriminatory basis. Shipper shall reimburse Transporter (a) for the costs of such facilities installed by Transporter to receive, measure, transport or deliver natural gas for Shipper's account and (b) for any and all filings and approval fees required in connection with such construction that Transporter is obligated to pay to the Commission or any other governmental authority having jurisdiction. Nothing in this policy statement shall require Transporter to file an application for a certificate of public convenience and necessity under Section 7 (c) of the Natural Gas Act. Nothing in this policy statement, further, shall prevent Transporter from contesting an application for service filed pursuant to Section 7 (a) of the Natural Gas Act. Transporter reserves the right to seek a waiver of the policy set forth herein, for good cause shown. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 161 Original Volume No. 1 Superseding Original Sheet No. 161 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 22.2 Transporter may waive from time to time, at its discretion, all or a portion of the monetary reimbursement requirement set forth in Section 22.1 if it determines that construction of the facilities would be economic to Transporter, based on Shipper assurance of Transportation throughput through the proposed facilities and other matters, as described below. All requests for waiver shall be handled by Transporter in a manner which is not unduly discriminatory. For purposes of determining whether a project is economic, Transporter will evaluate projects on the basis of various economic criteria, which may include, without limitation, the estimated Transportation throughput, cost of the facilities, operating, maintenance, administrative and general expenses attributable to the facilities, the system net revenues Transporter estimates will be generated subsequent to such construction, and the availability of capital funds on terms and conditions acceptable to Transporter. In estimating the system net revenues to be generated, Transporter will evaluate the existence of capacity limitations of the existing facilities, the marketability of the capacity, the location of the markets, the nature of the Transportation service, and other factors which impact the utilization of Transporter's system. 22.3 Any monetary reimbursement due Transporter by Shipper pursuant to this Section 22 shall be due and payable to Transporter prior to Transporter's commencement of construction of facilities to be constructed unless otherwise agreed by Transporter and within ten (10) Days of receipt by Shipper of Transporter's invoice(s) for same; provided, however, subject to Transporter's written consent, such monetary reimbursement, plus carrying charges thereon, may be amortized over a mutually agreeable period not to exceed the primary contract term of any Agreement for service between Transporter and Shipper. Carrying charges shall be computed utilizing interest factors acceptable to both Transporter and Shipper. Unless Transporter and Shipper otherwise agree on interest factors for computing the carrying charges for new facilities, the interest rates determined by the Commission under Section 154.501(d) of the Commission's regulations shall apply. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: June 19, 2002 Effective on: May 28, 2002 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-004, et al., issued May 20, 2002, 99 FERC ¶ 61,193 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 162 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 22.4 In order to maintain and expand service and utilization of Transporter's system, Transporter may negotiate Agreements with Shippers in connection with which Transporter could make a contribution in aid of construction (CIAC) to the Shipper. The Shipper would use such funds to assist in the development of its natural gas related facilities. For any newly agreed to CIAC, Transporter will post on 1LineSM for a period of thirty (30) days (1) the amount of the CIAC, (2) the name of the Shipper receiving the CIAC, and (3) the economic feasibility of the CIAC. Such CIACs are includible in Transporter's jurisdictional rate base and amortizable. All CIACs entered into pursuant to this provision shall be subject to review and challenge by the Commission and all parties in a general rate case requesting inclusion of such costs. 23. PERIODIC RATE ADJUSTMENTS Transporter and Shipper recognize that Transporter will from time to time experience changes in costs related to providing service under this Tariff, including, but not limited to, changes in the cost of labor, benefits, materials and supplies, taxes, required rate of return, costs associated with the resolution of past disputes or outstanding uncertainties concerning amounts owed by Transporter or Shipper or attributable to Transporter or Shipper, and costs generated by decisions of the Commission, the courts or by an arbitration panel or other body having jurisdiction over Transporter. Transporter and Shipper further recognize that it may be appropriate, equitable and consistent with cost responsibility to allocate such costs among Shippers based on or taking into account past period factors, such as contract demand levels, throughput or other factors related to a prior period of time. Shipper agrees that Transporter shall have the right from time to time to make rate change filings which may include such costs and utilize an allocation methodology based in whole or in part on factors related to past periods. Shipper shall have the right to intervene and protest any such filing. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 163 Original Volume No. 1 Superseding Original Sheet No. 163 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 23.1 Federal Energy Regulatory Commission Annual Charge Adjustment. (a) The purpose of this Section 23.1 is to establish an Annual Charge Adjustment ("ACA") as permitted by Section 154.402 of the Commission's Regulations to permit Transporter to recover from its Shippers all annual charges assessed it by the Commission under Part 382 of the Commission's Regulations. (b) Applicable Rate Schedules: The ACA as set forth on the Statement of Additional Charges and Surcharges of this Tariff, is applicable to Transporter's Rate Schedules FTS and ITS. (c) Filing Procedure. Proposed changes in the ACA shall be filed by Transporter at least thirty (30) Days prior to the proposed effective date unless, for good cause shown, lesser periods are allowed by valid Commission Order. The proposed effective date of the filings shall be October 1 of each calendar year. Any such filing shall not become effective until it becomes effective without suspension or refund obligation. (d) Remittance to the Commission. Transporter shall remit to the Commission, not later than forty-five (45) Days after receipt of the Annual Charges Billing, the Total Annual Charge stated on such billing. (e) Basics of the Annual Charge Adjustment. The Rate Schedules specified in Section 23.1(b) hereof shall include an increment for an Annual Charge Adjustment for costs specified in Section 23.1(a), above. Such adjustment shall be the billable charge factor from the Commission, adjusted to the Company's pressure base and heating value, if required, which is stated in the Commission's Annual Charges Billing. The Annual Charge Adjustment shall be reflected on the Statement of Additional Charges and Surcharges of this Tariff. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 164 Original Volume No. 1 Superseding First Revised Sheet No. 164 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 23.2 Transporter's Use. (a)The initial Transporter's Use (%) will be calculated based upon appropriate engineering principles. After one year of operation and each June 1 thereafter commencing in 2005, Transporter's Use (%) will be redetermined by dividing Transporter's projection for the next 12 Months beginning June 1 of fuel usage and any lost and unaccounted-for gas by Transporter's projection of applicable deliveries for the account of Shippers for the next 12 Months beginning June 1. This percentage will go into effect on June 1. Transporter may file interim proposals between annual filings subject to approval by the Commission. (b)Pursuant to Section 23.3, Transporter shall maintain a separate System Balancing Adjustment account. This account shall be credited for all sales of excess fuel collected under Transporter's Use, debited for all purchases for Transporter's Use and further adjusted for the operational activities enumerated in Section 23.3(a). 23.3. System Balancing Adjustment. In order to maintain an operational system balance on its system, Transporter will calculate a system balancing adjustment ("SBA") charge. (a) Transporter's SBA balance shall be the sum of: (1) The net annual system cashout balance determined in accordance with Section 8 of the General Terms and Conditions and OBA cashouts; (2) The net Transporter's Use Adjustment balance, determined in accordance with Section 23.2 of the General Terms and Conditions; (3) Penalty revenues credited pursuant to Sections 24.1(a), 24.1(b), 24.2, and 24.3 of the General Terms and Conditions; and (4) Any other account balance as may be approved by the FERC. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: June 1, 2003 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 165 Original Volume No. 1 Superseding First Revised Sheet No. 165 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (b) The net SBA balance determined in Section 23.3(a), through January 31 of the year in which the filing pursuant to Section 23.3(c) is made will be refunded or recovered from Shipper pursuant to the procedures in this Section 23.3. Upon determining the net SBA balance at the end of the accumulation period, Transporter shall calculate surcharges or refunds designed to allocate such balance to Shippers based upon each Shipper's actual throughput during the twelve-month accumulation period. A Shipper's net debit or credit for the accumulation period shall be due and payable sixty (60) Days after the Commission's acceptance of the filing pursuant to Section 23.3(c). Notwithstanding the immediately preceding sentence, if the net SBA balance results in a surcharge/debit, each Shipper who is allocated a surcharge/debit shall have the right by providing notice to Transporter within the sixty (60)- Day period to elect to pay the surcharge/debit ratably over the twelve (12)-Month period, commencing with the first Day of the first calendar month following the last Day of the sixty (60)-Day period,with interest calculated for each payment from the end of the sixty (60)-Day period until the payment is made (at the rate set forth in Section 154.501(d) of the Commission's regulations). (c) Transporter shall file on May 1, 2005, and each year thereafter, to establish the SBA refund or surcharge determined pursuant to the procedures in this Section 23.3. 24. PENALTIES AND PENALTY CREDITING MECHANISM 24.1 Rate Schedule PALS penalties. (a) Penalty for PALS Non-compliance In the event that a Shipper incurs a penalty pursuant to Section 4.1(b) of Rate Schedule PALS, which section is applicable if a Shipper does not comply with Transporter's notice given pursuant to Section 4.1(a) of Rate Schedule PALS to either remove Park service quantities or to return Loan service quantities, -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 28, 2006 Effective on: June 1, 2006 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 165A Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) Transporter shall credit the penalty revenue, net of costs, to the System Balancing Adjustment, Section 23.3 of the General Terms and Conditions. Any penalty revenue credited to the System Balancing Adjustment pursuant to this section shall include interest calculated in accordance with Section 154.501 of the Commission's regulations. (b) Balances Remaining Upon PALS Contract Termination In the event that Transporter receives penalty revenue from a PALS Shipper as the result of the application of Section 4.2 of Rate Schedule PALS to such PALS Shipper's unresolved balance, Transporter shall credit the penalty revenue received, net of costs, to the System Balancing Adjustment, Section 23.3 of the General Terms and Conditions. Any penalty revenue credited to the System Balancing Adjustment pursuant to this section shall include interest calculated in accordance with Section 154.501 of the Commission's regulations. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: April 28, 2006 Effective on: June 1, 2006 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 166 Original Volume No. 1 Superseding Original Sheet No. 166 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 24.2 Trespass Gas In the event that Transporter receives penalty revenue from a Shipper as the result of the application of Section 7.3 (Trespass Gas) of the General Terms and Conditions, Transporter shall credit the penalty revenue received, net of costs, to the System Balancing Adjustment, Section 23.3 of the General Terms and Conditions. Any penalty revenue credited to the System Balancing Adjustment pursuant to this section shall include interest calculated in accordance with Section 154.501 of the Commission's regulations. 24.3 Conversion of Gas In the event that Transporter receives penalty revenue from a Shipper as the result of the application of Section 7.4 (Conversion of Gas) of the General Terms and Conditions, Transporter shall credit the penalty revenue received, net of costs, to the System Balancing Adjustment, Section 23.3 of the General Terms and Conditions. Any penalty revenue credited to the System Balancing Adjustment pursuant to this section shall include interest calculated in accordance with Section 154.501 of the Commission's regulations. 24.4 Action Alert/Operational Flow Order Penalties Any penalty revenue collected by Transporter pursuant to Section 13.8 of the General Terms and Conditions will be credited, net of costs, to any firm or interruptible Shipper that did not incur penalties pursuant to Section 13.8 of the General Terms and Conditions in the Month for which penalty revenues were received ("Non-Offending Shipper"), based on the ratio of the actual quantities taken by the Non- Offending Shipper to the actual quantities taken by all Non- Offending Shippers in such Month. Such credits shall be made within 90 days following each anniversary of the initial in-service date of Transporter's system and shall include interest at the rate determined in accordance with Section 154.501 of FERC's regulations. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 1, 2002 Effective on: May 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. CP00-6-004, et al., issued July 2, 2002, 00 FERC ¶ 61,018 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 167 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 25. ELECTRONIC COMMUNICATION SERVICE 25.1 Availability Transporter has established its 1LineSM service (hereinafter called 1LineSM) for use by any 1LineSM subscriber. 1LineSM is an electronic service designed to provide the information or services required by applicable Commission orders or described in Transporter's Tariff, and such other information or services as Transporter may announce from time to time. 1LineSM shall be available twenty-four (24) hours per Day, subject to maintenance and reasonable downtime. 1LineSM shall be available on a nondiscriminatory basis to any entity provided that such entity has executed a 1LineSM Service Agreement and submitted the information called for in such Agreement to Transporter. It is not necessary that a 1LineSM subscriber be a Shipper under any of Transporter's other Tariff service agreements. Transporter reserves the right, at its sole discretion, to provide enhancements to 1LineSM or to discontinue information or services not required by Commission order or otherwise described in Transporter's Tariff. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 168 Original Volume No. 1 Superseding Original Sheet No. 168 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 25.2 Information Transporter shall post at least four times per Day on 1LineSM information relevant to the availability of firm and interruptible capacity at Points of Receipt, on the mainline and at Points of Delivery. The 1LineSM system shall provide the best available information about imbalances on an hourly and a daily basis. The 1LineSM system also includes information allowed or required to be posted thereon by other provisions of the Tariff including Section 26, information which Transporter is required to post pursuant to the Commission's regulations, or other information Transporter chooses to post in furtherance of the operation of its system. Critical system-wide notices shall have a separate category from notices that are not critical. 25.3 Services and Information Provided A 1LineSM subscriber shall be entitled to use 1LineSM for the purposes of (a) exercising its rights as a Releasing Shipper pursuant to Section 26 of these General Terms and Conditions or submitting a bid as a Replacement Shipper under such provisions; (b) viewing notice(s) of elections to continue service received under Section 29 of these General Terms and Conditions; (c) viewing Transporter's notice(s) of available firm capacity; (d) viewing notices of any restrictions of interruptible capacity; (e) any purposes described in any other provisions of Transporter's Tariff which reference 1LineSM; and (f) viewing public information posted by Transporter on 1LineSM and using such other features as may be made available by Transporter from time to time on 1LineSM. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 24, 2004 Effective on: September 22, 2004 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 169 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 25.4 Maintenance of Public Information Public information displayed on 1LineSM will be displayed in reverse chronological order. Information concerning completed capacity release transactions will remain on 1LineSM for at least ninety (90) days after completion and will be archived after such transactions are no longer actively maintained on the system. Archived information will be made available by Transporter within a reasonable period of time after a Shipper's request for such information, and Transporter may charge a reasonable fee for providing such archived information. Transporter shall maintain and retain back-up records of the information displayed on 1LineSM for no less than three (3) years. 25.5 Electronic Execution of Agreements (a) To the extent that Transporter provides through 1LineSM the ability for subscribers to execute Agreements, electronic execution of such Agreements shall be the sole method used by subscribers to enter into such Agreements. Transporter will maintain on 1LineSM a list of those Agreements that shall be executed electronically by 1LineSM subscribers (notwithstanding anything herein to the contrary, Transporter notes that, until further notice, 1LineSM does not accommodate electronic execution of agreements.) (b) As its signature on an electronically executed Agreement, a subscriber shall either (a) enter the name(s) of the person(s) designated as having the authority to enter into Agreements in electronic form on the subscriber's behalf or (b) follow such other procedures as the subscriber and Transporter have mutually agreed in writing shall constitute the subscriber's signature. Entry of such signature shall be sufficient to verify that the subscriber executed such Agreement. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 170 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (c) An electronically executed Agreement shall not be deemed to have been properly received until accessible to Transporter through 1LineSM. Any such Agreement which has been received shall not give rise to any obligation unless and until Transporter has provided in return its notice of acceptance of the Agreement. Transporter's notice of acceptance of the Agreement shall constitute Transporter's signature, and shall be sufficient to verify that Transporter executed such Agreement. (d) Execution of a 1LineSM Agreement shall evidence the mutual intent of Transporter and the subscriber to create binding agreements pursuant to the electronic execution and transmission of such agreements. Any agreement properly executed and transmitted pursuant to a 1LineSM Agreement and the procedures implemented therefor on 1LineSM shall be considered for all purposes to be a "writing" or "in writing"; and any such agreement when containing, or to which there is affixed, a signature as set forth in Section 25.5(b) above ("Signed Agreements") shall be deemed for all purposes (a) to have been "signed" and (b) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. (e) The conduct of the parties pursuant to the 1LineSM Agreement, including the use of Signed Agreements properly transmitted pursuant to this Section 25, shall, for all legal purposes, evidence a course of dealing and a course of performance accepted by the parties in furtherance of their 1LineSM Agreement. Neither Transporter nor the subscriber shall contest the validity or enforceability of Signed Agreements under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby. Signed Agreements, if introduced as evidence on paper in any judicial, arbitration, mediation or administrative proceedings, will be admissible as between the parties to the 1LineSM Agreement to the same extent and under -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 171 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of Signed Agreements under either the business records exception to the hearsay rule or the best evidence rule on the basis that the Signed Agreements were not originated or maintained in documentary form. 25.6 Ownership of Service and Data "1LINESM" is a service mark of Williams Gas Pipeline Company, LLC. Williams Gas Pipeline Company, LLC is the exclusive proprietor of the programming which generates 1LineSM and of all the copyrights and proprietary interests therein, except insofar as any third party possesses a copyright or proprietary interest in such materials. A 1LineSM subscriber will not by virtue of this Section or the executed 1LineSM Agreement acquire any proprietary interests in the software which generates 1LineSM or in the files, information, or data displayed on 1LineSM. 25.7 Liability for Use of 1LineSM A 1LineSM subscriber assumes sole responsibility for use of 1LineSM and the files and the information displayed on 1LineSM and hereby indemnifies and holds Transporter harmless against any liability or claim of any person that is attributable to improper use by the 1LineSM subscriber of 1LineSM or of the files and the information displayed on 1LineSM, as further set forth in the 1LineSM Agreement. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 172 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 26. CAPACITY RELEASE PROVISIONS This section sets forth the terms and conditions that are applicable to the release of firm entitlements under various services that are provided pursuant to this Tariff. 26.1 Procedure. Capacity released shall be subject to the terms and conditions of this Section 26.1. (a) Eligibility. Any Shipper ("Releasing Shipper") under Rate Schedule FTS of this Tariff, shall be entitled, subject to the terms and conditions of this Section 26.1, to release any or all of its firm Transportation entitlements held under an Agreement but only to the extent that the capacity so released is acquired by another Shipper ("Replacement Shipper") pursuant to the provisions of this Section 26.1. Any such release shall result in a temporary suspension of the Releasing Shipper's right to use the released firm entitlements. In the case of segmented capacity releases, for the MDQ and MHQ released, the upstream segment Shipper shall be permitted to nominate as a secondary point all points both upstream of the receipt point and in the same direction as the Releasing Shipper's Primary Route, and the downstream segment Shipper shall be permitted to nominate as a secondary point all points both downstream of the delivery point and in the same direction as the Releasing Shipper's Primary Route, provided that the nominations of the Releasing and Replacement Shippers do not result in an overlap with another capacity release transaction. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 173 Original Volume No. 1 Superseding Original Sheet No. 173 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (b) Released Capacity shall be made available on a basis that is not unduly discriminatory, and any Replacement Shipper shall be entitled to acquire Releasing Shipper's capacity subject to the terms and conditions under this Section 26.1, provided the Replacement Shipper meets all provisions governing eligibility under this Tariff in a timely manner. A Replacement Shipper shall be entitled to release acquired capacity to another Replacement Shipper, subject to the requirement that the original Replacement Shipper satisfies all of the provisions of this Section 26.1 as if such Replacement Shipper were a Releasing Shipper, and the new Replacement Shipper meets all provisions governing eligibility under this Tariff in a timely manner, provided, however, that a Replacement Shipper that acquired released capacity through a volumetric bid shall not be entitled to re-release that capacity. (c) Term. Any release under this Section 26 shall not extend beyond the expiration of the initial primary term of the Agreement that is released. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: July 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RM96-1-024, issued March 12, 2003, 02 FERC ¶ 61,273 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 174 Original Volume No. 1 Superseding First Revised Sheet No. 174 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (d) Recall / Reput Rights. (1) Recall Provisions. Releasing Shipper's rights to recall capacity on a full day or partial day basis shall be stated clearly in Shipper's Notice. Purchase of gas by a Releasing Shipper from a Replacement Shipper at the Releasing Shipper's city gate point(s) shall not be deemed to be the exercise of a recall by the Releasing Shipper. The Releasing Shipper shall provide capacity recall notification to Transporter via 1LineSM. The recall notification shall specify the recall notification period for the specified effective gas day, as well as any other information needed to uniquely identify the capacity being recalled. Transporter shall support the following recall notification periods for all released capacity subject to recall rights: Timely Recall Notification: - A Releasing Shipper recalling capacity should provide notice of such recall to Transporter and the first Replacement Shipper no later than 8:00 A.M. CCT on the day that Timely Nominations are due; - Transporter shall provide notification of such recall to all affected Replacement Shippers no later than 9:00 A.M. CCT on the day that Timely Nominations are due; Early Evening Recall Notification: - A Releasing Shipper recalling capacity should provide notice of such recall to Transporter and the first Replacement Shipper no later than 3:00 P.M. CCT on the day that Evening Nominations are due; -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: July 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RM96-1-024, issued March 12, 2003, 02 FERC ¶ 61,273 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 174A Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) - Transporter shall provide notification of such recall to all affected Replacement Shippers no later than 4:00 P.M. CCT on the day that Evening Nominations are due; Evening Recall Notification: - A Releasing Shipper recalling capacity should provide notice of such recall to Transporter and the first Replacement Shipper no later than 5:00 P.M. CCT on the day that Evening Nominations are due; - Transporter shall provide notification of such recall to all affected Replacement Shippers no later than 6:00 P.M. CCT on the day that Evening Nominations are due; Intraday 1 Recall Notification: - A Releasing Shipper recalling capacity should provide notice of such recall to Transporter and the first Replacement Shipper no later than 7:00 A.M. CCT on the day that Intraday 1 Nominations are due; - Transporter shall provide notification of such recall to all affected Replacement Shippers no later than 8:00 A.M. CCT on the day that Intraday 1 Nominations are due; and Intraday 2 Recall Notification: - A Releasing Shipper recalling capacity should provide notice of such recall to Transporter and the first Replacement Shipper no later than 2:30 P.M. CCT on the day that Intraday 2 Nominations are due; - Transporter should provide notification of such recall to all affected Replacement Shippers no later than 3:30 P.M. CCT on the day that Intraday 2 Nominations are due. For recall notification provided to Transporter prior to the recall notification deadline -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: July 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RM96-1-024, issued March 12, 2003, 02 FERC ¶ 61,273 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 174B Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) specified above and received between 7:00 A.M. CCT and 5:00 P.M. CCT, Transporter shall provide notification to all affected Replacement Shippers no later than one hour after receipt of such recall notification. For recall notification provided to Transporter after 5:00 P.M. CCT and prior to 7:00 A.M. CCT, Transporter shall provide notification to all affected Replacement Shippers no later than 8:00 A.M. CCT after receipt of such recall notification. Transporter's notices of recalled capacity to all affected Replacement Shippers shall be provided via 1LineSM, along with written notice via e-mail communication to the individual the Replacement Shipper identified in the Replacement Shipper's bid submitted pursuant to Section 26.1(h) of these General Terms and Conditions. Such notices shall contain the information required to uniquely identify the capacity being recalled, and shall indicate whether penalties will apply for the Gas Day for which quantities are reduced due to a capacity recall. Upon receipt of notification of the recall from Transporter, each affected Replacement Shipper shall revise its nominations within the applicable nomination cycle in order to implement the recall. Each affected Replacement Shipper will be solely responsible for adjusting its supply and transportation arrangements, which may be necessary as a result of such recall. Replacement Shippers involved in re-release transactions may receive notice slightly after the first Replacement Shipper receives notice. The recalling Releasing Shipper may nominate the recalled capacity consistent with the applicable nomination cycle, pursuant to Section 4 of these General Terms and Conditions. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: July 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RM96-1-024, issued March 12, 2003, 02 FERC ¶ 61,273 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 174C Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) If, on the day of a partial day recall, the quantity of gas delivered to the Replacement Shipper is in excess of the MDQ remaining on the replacement contract after the partial day recall and/or the quantity of gas delivered to the Releasing Shipper that recalled the capacity is in excess of the MDQ recalled by the Releasing Shipper, then the Shipper(s) to whom such excess gas is delivered will be charged the applicable Usage-2 Rate pursuant to Section 3.2(b) of Rate Schedule FTS on such excess quantites of gas in addition to all other applicable charges. (2) Partial Day Recall Quantity. The daily contractual entitlement that can be recalled by a Releasing Shipper for a partial day recall is a quantity equal to the lesser of: (i) The quantity specified in the Releasing Shipper's notice to recall capacity; or (ii) The difference between the quantity released by the Releasing Shipper and the Elapsed Prorata Capacity; or (iii) The difference between the quantity released by the Releasing Shipper and the quantity actually delivered to the Replacement Shipper within the limitations of the MHQ. In the recall notification provided to Transporter by the Releasing Shipper, the quantity to be recalled shall be expressed in terms of the adjusted total released capacity entitlements based upon the Elapsed Prorata Capacity. In the event of an intra-day capacity recall, Transporter shall determine the allocation of capacity between the Releasing Shipper and the Replacement Shipper(s) based upon the Elapsed Prorata Capacity only in the case of (ii) above. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: July 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RM96-1-024, issued March 12, 2003, 02 FERC ¶ 61,273 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 175 Original Volume No. 1 Superseding Original Sheet No. 175 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) The amount of capacity allocated to the Replacement Shipper(s) shall equal the original released quantity less the recalled capacity. This allocated daily contractual quantity shall be used for purposes of nominations, billing, and if applicable, for overrun calculations. As a result of the allocation of capacity described in this section, Transporter shall not be obligated to deliver a combined quantity to the Releasing Shipper and the Replacement Shipper(s) that is in excess of the total daily contract quantity of the release. (3) Reput Provisions. Transporter shall support the function of reputting by the Releasing Shipper. The Releasing Shipper may reput previously recalled capacity to the Replacement Shipper pursuant to the reput rights and methods identified in the Releasing Shipper's notice to release capacity, as required by Section 26.1(g)(10) below. When capacity is recalled, such capacity may not be reput for the same Gas Day. The deadline for the Releasing Shipper to notify Transporter of a reput of capacity is 8:00 A.M. CCT to allow the Replacement Shipper to submit timely nominations for gas to flow on the next Gas Day. (e) Bidding Period. Releasing Shipper may specify the date and time that the Bidding Period starts and the date that the Bidding Period ends, provided, however, that the Bidding Period shall not commence or end any later than the times set forth in Section 26.1(f) below. Releasing Shipper's offer shall be posted for the Bidding Period; provided, however, that the Releasing Shipper shall have the right to withdraw such offer before the end of the Bidding Period where unanticipated circumstances so justify and a notice of withdrawal of the offer is posted on 1LineSM or submitted in writing prior to the receipt of any valid bids for such capacity. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: July 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RM96-1-024, issued March 12, 2003, 02 FERC ¶ 61,273 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 175A Original Volume No. 1 Superseding Original Sheet No. 175A -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) Offers should be binding until written or electronic notice of withdrawal is received by Transporter. Transporter should post offers and bids, including prearranged deals, upon receipt. A releasing Shipper may request a later posting time for posting of such offer, and Transporter should support such request insofar as it comports with the standard Capacity Release timeline specified in Section 26.1(f) below. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: August 12, 2002 Effective on: May 1, 2003 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 176 Original Volume No. 1 Superseding First Revised Sheet No. 176 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (f) The following capacity release timeline is applicable to all parties involved in the capacity release process; however, it is only applicable if all information provided by the parties to the transaction is valid and the Replacement Shipper has been determined to be creditworthy before the capacity release bid is tendered, and there are no special terms or conditions of the release: (1) For biddable releases (one (1) year or less): - Offers should be tendered by 12:00 P.M. on a Business Day; - Open season ends no later than 1:00 P.M. on a Business Day (evaluation period begins at 1:00 P.M. during which contingency is eliminated, determination of best bid is made, and ties are broken); - Evaluation period ends and award posting if no match required at 2:00 P.M.; - Match or award is communicated by 2:00 P.M.; - Match response by 2:30 P.M.; - Where match required, award posting by 3:00 P.M.; and - Contract issued within one hour of award posting (with a new contract number, when applicable); nomination possible beginning at the next available nomination cycle for the effective date of the contract. (Central Clock time) -------------------------------------------------------------------------------- Issued by: P. M. Teague, Associate General Counsel Issued on: January 26, 2009 Effective on: February 26, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Third Revised Sheet No. 177 Original Volume No. 1 Superseding Second Revised Sheet No. 177 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (2) For biddable releases (more than one (1) year): - Offers should be tendered by 12:00 P.M. four Business Days before award; - Open season ends no later than 1:00 P.M. on the Business Day before timely nominations are due (open season is three Business Days); - Evaluation period begins at 1:00 P.M. during which contingency is eliminated, determination of best bid is made, and ties are broken; - Evaluation period ends and award posting if no match required at 2:00 P.M.; - Match or award is communicated by 2:00 P.M.; - Match response by 2:30 P.M.; - Where match required, award posting by 3:00 P.M.; and - Contract issued within one hour of award posting (with a new contract number, when applicable); nomination possible beginning at the next available nomination cycle for the effective date of the contract. (Central Clock Time) (3) For non-biddable releases: Timely Cycle: - Posting of prearranged deals not subject to bid are due by 10:30 A.M.; - Contract issued within one hour of award posting (with a new contract number, when applicable); nomination possible beginning at the next available nomination cycle for the effective date of the contract. (Central Clock Time) -------------------------------------------------------------------------------- Issued by: P. M. Teague, Associate General Counsel Issued on: January 26, 2009 Effective on: February 26, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 177A Original Volume No. 1 Superseding Original Sheet No. 177A -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) Evening Cycle: - Posting of prearranged deals not subject to bid are due by 5:00 P.M.; - Contract issued within one hour of award posting (with a new contract number, when applicable); nomination possible beginning at the next available nomination cycle for the effective date of the contract. (Central Clock Time) Intraday 1 Cycle: - Posting of prearranged deals not subject to bid are due by 9:00 A.M.; - Contract issued within one hour of award posting (with a new contract number, when applicable); nomination possible beginning at the next available nomination cycle for the effective date of the contract. (Central Clock Time) Intraday 2 Cycle: - Posting of prearranged deals not subject to bid are due by 4:00 P.M.; - Contract issued within one hour of award posting (with a new contract number, when applicable); nomination possible beginning at the next available nomination cycle for the effective date of the contract. (Central Clock Time) (g) Required Information for the Release of Capacity. The Releasing Shipper shall submit the following information, objectively stated and applicable to all potential Shippers on a non-discriminatory basis, to Transporter via 1LineSM: (1) The Releasing Shipper's legal name, contract number, and the name, title, address, e-mail address and phone and fax number of the individual who will authorize the release of capacity for the Releasing Shipper. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: July 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RM96-1-024, issued March 12, 2003, 02 FERC ¶ 61,273 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Third Revised Sheet No. 178 Original Volume No. 1 Superseding Second Revised Sheet No. 178 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (2) Whether the capacity is biddable. (3) The level of daily firm entitlements that the Releasing Shipper elects to release, expressed as a numeric quantity per Day for transportation, which will be displayed in the 1LineSM posting for prospective Replacement Shippers as the available MDQ and associated MHQ. (4) The Primary Route(s) or segment within such Primary Route(s), and quantity to be released. (5) The requested effective date and the term of the release. (6) The minimum acceptable period of release and minimum acceptable quantities (if any). (7) The Releasing Shipper's maximum reservation rates (including any demand type surcharges, direct bills, or similar mechanisms), any minimum rate requirement, whether bids are to be submitted on a reservation or volumetric basis, and whether the bids should be stated in dollars and cents or percent of the maximum tariff rate. The maximum and minimum rates may separately identify surcharges and direct bills, or such amounts can be included in the total rate. For purposes of this Section 26, the maximum reservation rate(s) for Shipper paying a negotiated rate will be deemed to be the maximum rate(s) as set forth on the Statement of Capacity Release Rates. For releases that become effective on or after July 30, 2008, any maximum and/or minimum rate specified by the Releasing Shipper can exceed the maximum tariff rate for the applicable service if (i) the term of the proposed release is one (1) year or less, and (ii) the effective date of the proposed release is on or before one (1) year from the date on which Transporter is notified of the release. (8) Whether the Releasing Shipper is requesting that Transporter actively market the capacity to be released. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: May 28, 2010 Effective on: June 28, 2010 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 179 Original Volume No. 1 Superseding First Revised Sheet No. 179 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (9) The legal name of the Replacement Shipper that is designated in any pre-arranged release ("Pre-arranged Replacement Shipper"). (10) Whether the capacity is to be released on a recallable basis, and, if so, (i) the terms and conditions of such recall, including whether it is recallable on a full day or a partial day basis, (ii) whether the Releasing Shipper's recall notification must be provided exclusively on a Business Day, (iii) which recall notification period(s), as identified in Section 26.1(d) above, will be available for use by the parties, and (iv) whether the Releasing Shipper is authorized to Reput the release if and when it notifies Transporter that the recall is no longer in effect; or whether the capacity is to be released on a permanent basis. (11) Whether the capacity to be released is contingent on the release of other capacity, or on certain terms and conditions, and if so, the capacity, terms and/or conditions upon which the release is contingent. (12) The terms and conditions under which Releasing Shipper will accept contingent bids, including bids that are contingent upon the Replacement Shipper acquiring transportation on a pipeline interconnected to Transporter, the method for evaluating contingent bids, what level of proof is required by the contingent bidder to demonstrate that the contingency did not occur, and for what time period the next highest bidder will be obligated to acquire the capacity if the next winning contingent bidder declines the release. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: May 1, 2003 Effective on: July 1, 2003 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RM96-1-024, issued March 12, 2003, 02 FERC ¶ 61,273 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 180 Original Volume No. 1 Superseding Original Sheet No. 180 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (13) Whether the Releasing Shipper will require the Replacement Shipper to post a deposit, not to exceed the amount required by Transporter pursuant to Section 26.2, to guard against payment defaults if Transporter waives the deposit requirement contained in Section 26.2. Such deposit will be paid by the Replacement Shipper to Transporter at the time specified in Section 26.2, and will be credited against the Replacement Shipper's invoices until fully utilized. (14) Any other reasonable and not unduly discriminatory terms and conditions to accommodate the release, including provisions necessary to evaluate bids and tie breaking criteria, provided, however, that bid evaluation methods will be limited to highest rate, net revenue and present value. (15) Any restriction on the use of higher rate Secondary Points, or any requirement that the Replacement Shipper reimburse the Releasing Shipper for any incremental charges assessed by Transporter for use of Secondary Points by the Replacement Shipper. (16) Whether the proposed release is to an asset manager as part of an asset management arrangement as defined in Section 284.8(h)(3) of the Commission's regulations or to a marketer participating in a state-regulated retail access program as defined in Section 284.8(h)(4) of the Commission's regulations, and, if the proposed release is part of an asset management arrangement, the volumetric level of the asset manager's delivery or purchase obligation and the time period during which that obligation is in effect. (17) Any other additional information that Transporter deems necessary, from time to time, to effectuate releases hereunder. Transporter shall not be liable for information provided by Shipper to Transporter, including any such information that is posted on 1LineSM. -------------------------------------------------------------------------------- Issued by: P. M. Teague, Associate General Counsel Issued on: January 26, 2009 Effective on: February 26, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 181 Original Volume No. 1 Superseding Original Sheet No. 181 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (h) Open Bidding Process. Prospective Shippers wishing to acquire capacity available for release ("Bidding Shipper"), shall place a bid on 1LineSM for the available capacity during the Posting Period. If such bid is not expressly labeled contingent, such bid shall be binding. The bid shall contain the following information: (1) The Bidding Shipper's legal name and the name, title, address, phone number and e-mail address of the individual who will authorize the acquisition of the available capacity. (2) The level of daily firm entitlements that the Bidding Shipper requests and the minimum quantity it will accept. (3) The requested effective date and the term of the acquisition. (4) The Bidding Shipper's bid, addressing all criteria required by the Releasing Shipper. The Bidding Shipper shall be entitled to withdraw its bid either via 1LineSM or EDM, prior to the end of the bidding period. Bidding Shipper cannot withdraw its bid after the Bidding Period ends. If Bidding Shipper withdraws its bid, it may not resubmit a lower bid. If Bidding Shipper submits a higher bid, lower bids previously submitted by Bidding Shipper will be automatically eliminated. A Bidding Shipper may have only one valid bid posted. Transporter shall post all information provided by Bidding Shippers, except the information provided in Section 26.1(h)(1), above. -------------------------------------------------------------------------------- Issued by: P. M. Teague, Associate General Counsel Issued on: January 26, 2009 Effective on: February 26, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 182 Original Volume No. 1 Superseding Original Sheet No. 182 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) No bid shall exceed the maximum applicable Recourse Rates, in addition to any and all applicable fees and surcharges, as specified in this Tariff; provided, however, for releases that become effective on or after July 30, 2008, the rate specified by the Bidding Shipper may exceed the maximum tariff rate for the applicable service if (i) the term of the proposed release is one (1) year or less, and (ii) the effective date of the proposed release is on or before one (1) year from the date on which Transporter is notified of the release. The quantity or the requested term of the release of such bid shall not exceed the maximum quantity or primary term specified in the executed Agreement. (i) Pre-Arranged Release. Releasing Shipper shall have the right to elect not to post a release for bidding (1) if the proposed capacity release has a duration of thirty-one (31) days or less, (2) for proposed capacity releases with a term of more than one (1) year at the maximum Recourse Rate, (3) for any release of capacity to an asset manager (as defined in Section 284.8(h)(3) of the Commission's regulations), or (4) for any release of capacity to a marketer participating in a state-regulated retail access program as defined in Section 284.8(h)(4) of the Commission's regulations. If Releasing Shipper exercises such right, Releasing Shipper must notify Transporter prior to the nomination of the released entitlements, and the Replacement Shipper shall adhere to the requirements set forth in Section 26.2. Releasing Shipper will post the information on 1LineSM by 9:00 a.m. the Day before the release transaction begins. The Replacement Shipper shall confirm the prearranged release by 9:30 a.m. and meet any eligibility requirements under this Section 26. For releases that become effective on or after July 30, 2008, any release, with the exception of releases to an asset manager or to a marketer participating in a state-regulated retail access program, with a term that is greater than thirty-one (31) Days and less than or equal to one (1) year must be posted for bidding pursuant to Section 26.1(g) above, regardless of the proposed rate. Transporter will support the electronic upload of prearranged releases. -------------------------------------------------------------------------------- Issued by: P. M. Teague, Associate General Counsel Issued on: January 26, 2009 Effective on: February 26, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 183 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (j) Matching Rights. A Prearranged Replacement Shipper shall have matching rights for a period of forty-five (45) minutes following the time the Prearranged Replacement Shipper has been notified of the winning bid ("Matching Period"). In the event a higher bid is received, Transporter shall provide the Prearranged Replacement Shipper an opportunity during the Matching Period to match such higher bid. No later than 3:15 p.m. of the Day prior to the Day nominations are due, the Prearranged Replacement Shipper shall be notified via 1LineSM of the terms and conditions of the higher bid, and shall have the Matching Period to respond via 1LineSM. Absent a response from the Prearranged Replacement Shipper by 4:00 p.m. of the Day prior to the Day nominations are due, the capacity shall be awarded to the higher Bidding Shipper no later than 5:00 p.m. of the Day prior to the Day nominations are due. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 184 Original Volume No. 1 Superseding Original Sheet No. 184 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (k) Awarding of Capacity Available for Release. Capacity will be awarded no later than 5:00 p.m. of the Day prior to the Day nominations are due. The capacity available for release shall be awarded to the Bidding Shipper with the highest bid matching all terms and conditions provided by the Releasing Shipper. In the case of multiple bid winners, the highest ranking bid will receive the entire maximum amount of capacity bid. The next highest bidder will receive the remainder of the offered capacity provided that the amount remaining is above the bidder's minimum acceptable quantity. Any remaining capacity will be given to the next highest bidder under the same provisions as above. This process will repeat until either all of the offered capacity is awarded or the remaining capacity falls below either the Releasing Shipper's minimum quantity or all the remaining bidder's acceptable quantities. If bids are received that do not match all the terms and conditions provided by the Releasing Shipper, bids will be evaluated by the criteria provided by the Releasing Shipper. If no criteria are provided by the Releasing Shipper, the Bidding Shipper bidding the greatest NPV shall be awarded the capacity. If more than one such bid has an equal NPV, then the capacity shall be awarded on a first come, first served basis. The ultimate awarding of capacity will be posted on 1LineSM by 5:00 p.m. on the Day prior to the Day nominations are due. Unless the bidder was a contingent bidder and the contingency did not occur, Transporter will tender an Award Notice, as described in Section 1 of the Master Service Agreement, to the winning bidder by 10:00 a.m. of the Day nominations are due. Transporter shall not award capacity release offers to the Replacement Shipper until and unless the Replacement Shipper meets Transporter's creditworthiness requirements applicable to all services that it receives from Transporter, including the service represented by the capacity release. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: June 30, 2005 Effective on: September 1, 2005 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 185 Original Volume No. 1 Superseding Original Sheet No. 185 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (l) Remaining Capacity. In the event that a Releasing Shipper does not release all of its firm entitlements, the Releasing Shipper shall remain responsible for the remaining entitlements and is entitled to utilize the remaining entitlements with the MDQ and MHQ reduced accordingly by the released capacity quantities. (m) No Rollover. When a release of capacity for a period of thirty-one (31) Days or less is not subject to the bidding requirements under this Section 26.1, a Releasing Shipper may not rollover, extend, or in any way continue the capacity release to the same Replacement Shipper which utilizes the same capacity or overlaps such capacity using the thirty-one (31) Days or less bidding exemption described in Section 26.1(i)(1) above until twenty-eight (28) Days after the first release period has ended. The twenty-eight (28) Day hiatus does not apply to any re-release to the same Replacement Shipper that is posted for bidding or that qualifies for any of the other exemptions from bidding described in Section 26.1(i) above. -------------------------------------------------------------------------------- Issued by: P. M. Teague, Associate General Counsel Issued on: January 26, 2009 Effective on: February 26, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 186 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (n) Obligations of Replacement or Prearranged Shippers. The Replacement or Prearranged Shipper must satisfy all other provisions of this Tariff governing Shipper eligibility and must execute all required agreements and acknowledgements before it may contract with Transporter for the released capacity. In addition, as a pre-requisite to becoming a Replacement or Prearranged Shipper, a party must have been placed by Transporter on Transporter's pre-approved bidder list that is posted on 1LineSM. To be placed on such list, a party must have been accepted by Transporter as satisfying the credit standards of Section 28 of these General Terms and Conditions, must have executed a Master Service Agreement and must continue to satisfy the credit standards of Section 28 when its bid is made and accepted or it is offered as a Prearranged Shipper, as applicable. Transporter shall process requests for credit approval with diligence. Any previously listed party that fails to continue to satisfy the standards of Section 28 shall be deleted from the list. Transporter will waive the credit requirements of Section 28 on a non-discriminatory basis for Replacement or Prearranged Replacement Shipper and permit such Replacement or Prearranged Shipper to submit bids, if the Releasing Shipper provides Transporter with a guarantee or other form of credit assurance in form and substance satisfactory to Transporter of all financial obligations of the Replacement or Prearranged Replacement Shipper with respect to the capacity being released by Releasing Shipper prior to the commencement of service to the Replacement or Prearranged Replacement Shipper if the release is pre-arranged and not subject to bidding or prior to the close of the bid period if the release is subject to bidding requirements of this Section 26. Any bid submitted will legally bind the Replacement or Prearranged Shipper to the terms of the bid if Transporter chooses such bid as the Best Bid until written or electronic notice of withdrawal is received by Transporter. Once the Replacement or Prearranged Replacement Shipper is awarded capacity, the Replacement or Prearranged Shipper becomes an existing Shipper like any other Shipper and is subject to the -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 187 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) applicable provisions of Transporter's Tariff, including, but not limited to, Transporter's billing and payment and operational provisions. In addition, the Replacement or Prearranged Replacement Shipper as an existing Shipper may also release its capacity pursuant to this Section 26. Nominations may be submitted upon the award of capacity, and such nominations will be processed in accordance with the nomination and scheduling requirements of Sections 4 and 6 of these General Terms and Conditions; provided, however, in no circumstances will gas flow prior to the effective date of the release as specified in the Releasing Shipper's Notice. (o) Master Service Agreement. All nominations, scheduling and billing will be done under the contract number provided in the Award Notice. 26.2 Obligations of the Parties. (a) Contractual Obligations. All Replacement Shippers shall be required to comply with the provisions of Rate Schedule FTS and these General Terms and Conditions and to accept by a release all Transportation rights and obligations of the Releasing Shipper with respect to the capacity released, including, but not limited to, nominations and Primary Routes. Furthermore, the Releasing Shipper shall remain fully liable to Transporter for all reservation rates, including reservation type surcharges and direct bills, that were due under the Releasing Shipper's Agreement. In the event that the Replacement Shipper invoiced amounts for reservation rates are in arrears by 60 days or more, the Releasing Shipper shall be responsible for paying all such amounts with the next invoice rendered to the Releasing Shipper by Transporter. (b) Billing. Pursuant to Sections 9 and 10, Replacement Shipper shall be billed for all reservation type charges contained within its bid and all usage charges according to Section 3 of Rate Schedule FTS. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 188 Original Volume No. 1 Superseding Original Sheet No. 188 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (c) Credits. Except as otherwise agreed to between Transporter and Releasing Shipper, Releasing Shipper shall receive a credit against its Monthly Reservation Charges equal to the amount of reservation rates contained within the Replacement Shipper's bid subject to the obligations of Releasing Shipper under Section 26.2(a). (d) Refunds. Releasing Shipper and any Replacement Shipper must track any changes in Transporter's rates approved by the Commission. In the event the Commission orders refunds of any such rates charged by Transporter and previously approved, Transporter and/or Releasing Shipper, as the case may be, must make corresponding refunds to such Releasing Shipper or any Replacement Shipper, to the extent that Releasing Shipper or Replacement Shipper(s) has paid a rate in excess of Transporter's just and reasonable, applicable maximum rates; provided, however, for releases that become effective on or after July 30, 2008, the rate paid by a Replacement Shipper in any capacity release transaction with a term of one (1) year or less which is not subject to the maximum rate cap will be deemed to be a final rate and is not subject to refund if the effective date of the release was on or before one (1) year from the date on which Transporter was notified of the release. Transporter shall assume no liability or responsibility whatsoever for the failure of the Releasing Shipper to comply with its obligations under this Section 26.2(d). 26.3 Posting of Purchase Offers. Transporter shall allow a potential Replacement Shipper to post for at least thirty (30) Days its offers to acquire released firm entitlements. The offer must contain the following information: (a) The potential Replacement Shipper's legal name and the name, title, address, phone number and e-mail address of the individual who will authorize the acquisition of the available capacity. -------------------------------------------------------------------------------- Issued by: P. M. Teague, Associate General Counsel Issued on: January 26, 2009 Effective on: February 26, 2009 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 189 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (b) The daily quantities of capacity which the potential Replacement Shipper requests. (c) The Receipt Points and/or Delivery Points where capacity is requested, as applicable. (d) The requested effective date and the term of the acquisition. 26.4 Marketing Fee. Transporter shall be entitled, upon Releasing Shipper's request, to actively market the capacity available for release on Releasing Shipper's behalf. Transporter and Releasing Shipper will negotiate the terms and conditions upon which Transporter will market the Releasing Shipper's capacity. 26.5 Permanent Releases. A Shipper which has a currently effective executed Agreement with Transporter under Transporter's Rate Schedule FTS may release its capacity to a Replacement Shipper for the remaining primary term of the contract and be relieved of all liability under its Agreement prospective from the effective date of such release, provided that the following conditions are satisfied: (a) The Replacement Shipper executes a new Agreement under the applicable Rate Schedule; (b) The Replacement Shipper agrees to pay the maximum Recourse Rates for service thereunder (unless otherwise agreed to by Transporter) and accepts all obligations of the Releasing Shipper; (c) The Commission provides any necessary abandonment authorization for the service subject to such permanent release on or before the effective date thereof; and -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Sub First Revised Sheet No. 190 Original Volume No. 1 Superseding Original Sheet No. 190 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (d) The Replacement Shipper meets all of the credit worthiness requirements contained in Section 28 of the General Terms and Conditions of Transporter's Tariff. 26.6 Transporter's Rights to suspend and/or Terminate Temporary Capacity Release Transactions. (a) In the event of a temporary release for which: (i) the Releasing Shipper no longer maintains creditworthiness as outlined in Section 28 of Transporter's General Terms and Conditions and Transporter has terminated Releasing Shipper's Service Agreement; and(ii) the reservation charge specified in the applicable Award Notice is less than the level of the reservation charge which the Releasing Shipper was obligated to pay Transporter (or, if the Releasing Shipper is paying a negotiated rate, the sum of all reservation-type and commodity- type charges), then Transporter shall be entitled to terminate the service described in the Award Notice, upon 30 Days' written notice to the Replacement or Prearranged Shipper, unless the Replacement or Prearranged Shipper agrees, at its sole election, prior to the end of said 30-Day notice period to pay for the remainder of the term specified in the Award Notice one of the following: (i) the reservation and commodity charges at levels which the Releasing Shipper was obligated to pay Transporter, (ii) the applicable maximum tariff rate, or (iii) such rate as mutually agreed to by Transporter and Replacement or Prearranged Shipper. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: November 27, 2002 Effective on: November 16, 2002 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. RP03-26-000, issued November 15, 2002, 01 FERC ¶ 61,180 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 190A Original Volume No. 1 Superseding Sub Original Sheet No. 190A -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (b) In the event of a temporary release for which the Replacement Shipper no longer satisfies Transporter's credit requirements as set forth in Section 28 of the General Terms and Conditions: (i) Transporter may notify the Releasing Shipper, without any liability or prior notice to Replacement Shipper, that the Replacement Shipper no longer meets the credit requirements of Transporter's Tariff; and (ii) subject to Transporter exercising its rights under Section 28 of the General Terms and Conditions to suspend and/or terminate such capacity release transaction, the firm capacity subject to the release transaction shall revert to Releasing Shipper immediately upon the effectiveness, and for the duration, of such suspension or permanently if the release transaction is terminated. 26.7 Notices to Releasing Shippers. Transporter shall provide the original Releasing Shipper with Internet E-mail notification reasonably proximate in time with any of the following formal notices given by Transporter to the Releasing Shipper's replacement Shipper(s), of the following: (a) Notice to the Replacement Shipper regarding the Replacement Shipper's past due, deficiency, or default status pursuant to Transporter's tariff; (b) Notice to the Replacement Shipper regarding the Replacement Shipper's suspension of service notice; (c) Notice to the Replacement Shipper regarding the Replacement Shipper's contract termination notice due to default or credit-related issues; and (d) Notice to the Replacement Shipper that the Replacement Shipper(s) is no longer creditworthy and has not provided credit alternative(s) pursuant to Transporter's tariff. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: June 30, 2005 Effective on: September 1, 2005 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 190B Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 27. REQUESTS FOR SERVICE 27.1 Subject to any conditions set forth in the applicable Rate Schedules, this Article shall govern qualification for receipt of service under Rate Schedules FTS, ITS and PALS. Each request for firm Transportation Service by or on behalf of each proposed Shipper shall be accompanied by refundable earnest money in the form of either Wire Transfer or a check payable to Gulfstream Natural Gas System, L.L.C. in the amount of the lesser of (a) ten thousand dollars ($10,000), (b) the maximum reservation fee which would be due for the first two Months of service for such requested service, or (c) the maximum reservation fee that would be due for the term of the Agreement, which amount shall be applied, until fully used, against the first amounts due by Shipper to Transporter provided, however, that if an Agreement with Shipper is not executed such amount shall be refunded to Shipper. Requests for service may be submitted via 1LineSM or in writing to: Gulfstream Natural Gas System, L.L.C. 2701 Rocky Point Drive, Suite 1050 Tampa, FL 33607 Attention: Marketing Department -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Associate General Counsel Issued on: June 30, 2005 Effective on: September 1, 2005 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff First Revised Sheet No. 191 Original Volume No. 1 Superseding Original Sheet No. 191 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) (a) The request for service shall contain the following information: (1) Shipper's legal name in full. (2) Shipper's mailing address for notices and billing. (3) Shipper's street address if different from above. (4) The name(s), telephone number(s) and fax number(s) of Shipper employees responsible for nominations and/or dispatching. (5) The name(s), telephone number(s) and fax number(s) of Shipper employees responsible for payment of invoices. (6) The name(s), telephone number(s) and fax number(s) of Shipper employees responsible for other matters. (b) Type of service requested. (c) Requested MDQ for FTS and applicable quantities for ITS and PALS. (d) Requested Maximum Hourly Flow Rate for FTS. (e) Estimated total quantities of Gas to be received and transported during the term of the contract. (f) Requested date of commencement of service. (g) Requested term of service (if applicable). (h) Requested Receipt Point(s) and Delivery Point(s) and point quantities (where applicable). (i) Whether new facilities are needed in order to provide the new service. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: October 16, 2002 Effective on: November 16, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Original Sheet No. 192 Original Volume No. 1 -------------------------------------------------------------------------------- GENERAL TERMS AND CONDITIONS (CONTINUED) 27.2 Request Validity. Shipper's request for service shall be considered null and void if Transporter has tendered an Agreement for execution to Shipper and Shipper fails to execute the Agreement and return it to Transporter within five (5) Business Days thereafter. In determining whether it is feasible to tender an Agreement, after provision for existing requirements on Transporter's system, operating constraints and pending requests for service, Transporter will not be obligated to tender a firm Agreement which relates to requests for service for which it does not have sufficient available capacity. In addition, Transporter shall not be required to tender an Agreement for service which Shipper cannot begin within thirty (30) Days after the date the request is made pursuant to Section 27.1 of these General Terms and Conditions, or such other period as the parties may agree to in writing. 27.3 Information: Any person may request information on the pricing or other terms of Service and/or capacity availability by contacting Transporter at the following: Gulfstream Natural Gas System, L.L.C. 2701 N. Rocky Point Drive, Suite 1050 Tampa, FL 33607 Information regarding Transporter's maximum and minimum rates, and general announcements pertaining to transportation services will be made available by electronic means on a twenty-four hour basis on 1LineSM. -------------------------------------------------------------------------------- Issued by: P. Martin Teague, Assistant General Counsel Issued on: March 27, 2002 Effective on: May 28, 2002 ================================================================================ Gulfstream Natural Gas System, L.L.C. FERC Gas Tariff Second Revised Sheet No. 192A Original Volume No. 1 Superseding First Revised Sheet No. 192A --------------------------------------------------------------------------