THE JURISDICTION IN WHICH SUCH POTENTIAL CUSTOMER
IS LOCATED.
EXHIBIT 7(J) SHALL BE AMENDED FROM TIME TO TIME TO INCLUDE ANY
JURISDICTIONS OR LDC'S APPROVED BY PARTY A PURSUANT TO THIS PART 7(J).
(II)
IF THERE IS A CHANGE IN APPLICABLE LAW IN
ANY DESIGNATED JURISDICTION OR IF A PROCEEDING IS INITIATED AGAINST PARTY A,
PARTY B AND/OR ANY LDC, WHICH, IN EITHER CASE, PARTY A REASONABLY DETERMINES
COULD HAVE AN ADVERSE EFFECT ON THE RESULTS OF ANY MARKET, REGULATORY OR UTILITY
RULES REVIEW PERFORMED BY PARTY A WITH RESPECT TO A DESIGNATED JURISDICTION OR
AN APPROVED LDC, THEN PARTY A SHALL HAVE THE RIGHT TO INITIATE AN ADDITIONAL
MARKET, REGULATIONS AND/OR UTILITY RULES REVIEW WITH RESPECT TO SUCH DESIGNATED
JURISDICTION OR APPROVED LDC (SUCH REVIEW, A "BRING DOWN REVIEW").
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BASED ON THE RESULTS OF ANY SUCH BRING DOWN REVIEW, PARTY A MAY AMEND
EXHIBIT 7(J) TO REMOVE ANY AFFECTED LDC OR DESIGNATED JURISDICTION.
PART 8.
FORECASTING, SCHEDULING, NOMINATION, TAXES
(A)
FORECASTING.
(I)
PARTY B HEREBY AGREES THAT IT SHALL BE
SOLELY RESPONSIBLE FOR ITS OWN LOAD FORECASTING.
PARTY B ALSO AGREES THAT IT
WILL COOPERATE WITH PARTY A TO MODIFY OR IMPROVE PARTY B'S FORECASTING
PERFORMANCE IF REQUESTED BY PARTY A.
FOR THE AVOIDANCE OF DOUBT, PARTY A WILL
NOT BE RESPONSIBLE FOR ANY ASPECT OF PARTY B'S LOAD FORECASTING RESPONSIBILITY
AND PARTY B SHALL BE RESPONSIBLE FOR ANY COSTS OR PENALTIES INCURRED AS A RESULT
OF ANY FORECASTING ERROR.
(II)
PARTY B SHALL PROVIDE PARTY A WITH PARTY
B'S PROJECTED GAS NEEDS FOR DAILY, MONTHLY, AND SEASONAL PERIODS. PARTY B SHALL
PROVIDE SUCH PROJECTIONS AT SUCH TIMES AND IN SUCH FORMAT AS MAY BE REASONABLY
REQUESTED BY PARTY A.
(B)
GAS NOMINATION; TRANSPORTATION AND STORAGE
CAPACITY; RELEASE OF TRANSPORTATION AND STORAGE CAPACITY.
(I)
FOR MONTHLY BASE LOAD GAS TRANSACTIONS,
PARTY B WILL USE ITS BEST COMMERCIAL EFFORTS TO PROVIDE TO PARTY A A NOMINATION
SCHEDULE SETTING FORTH PARTY B'S PROMPT MONTH REQUIREMENTS BY THE CLOSE OF
BUSINESS OF THE 3RD TRADING DAY PRIOR TO THE NYMEX NATURAL GAS FUTURES CONTRACT
EXPIRATION DAY FOR THAT MONTH BUT NO LATER THAN THE CLOSE OF BUSINESS ON THE
PENULTIMATE NYMEX FUTURES CONTRACT EXPIRATION DAY FOR THAT MONTH.
FOR DAY-AHEAD
GAS TRANSACTIONS, PARTY B WILL USE ITS BEST COMMERCIAL EFFORTS TO PROVIDE PARTY
A WITH A NOMINATION SCHEDULE FOR ALL OF PARTY B'S DAY-AHEAD REQUIREMENTS BY 9:00
AM EPT, BUT NO LATER THAN 10:00 AM EPT, ON THE DAY PRIOR TO THE DAY OF GAS
FLOW.
FOR INTRA-DAY GAS TRANSACTIONS, PARTY B WILL NOTIFY PARTY A AS SOON AS IT
IS AWARE OF ANY INTRA-DAY GAS REQUIREMENTS AND PARTY A SHALL SATISFY SUCH
REQUIREMENTS THROUGH THE DELIVERY OF STORAGE GAS IF REASONABLY PRACTICABLE.
PARTY B MAY REQUEST THAT PARTY A SATISFY AN INTRA-DAY GAS REQUIREMENT WITHOUT
DELIVERING STORAGE GAS, BUT PARTY A MAKES NO GUARANTY THAT IT CAN FULFILL ANY
SUCH REQUEST AND PARTY A SHALL HAVE NO LIABILITY IF IT FAILS TO DELIVER SUCH GAS
UNDER SUCH CIRCUMSTANCES.
HOWEVER,