Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-160-000, Status: Effective

Fourth Revised Sheet No. 43 Fourth Revised Sheet No. 43

Superseding: Third Revised Sheet No. 43

 

IPS RATE SCHEDULE

INTERRUPTIBLE PARK SERVICE

(Continued)

 

6.2 Egan Hub shall have the right to propose to the FERC or other governing regulatory

body such changes in its rates and terms of service as it deems necessary, and Customer's Hub

Services Agreement shall be deemed to include any changes which are made effective pursuant to

order or regulation or provisions of law, without prejudice to Customer's right to protest the

same; provided, however, that any negotiated rates between Egan Hub and its Customer(s) shall

remain in effect during the term of Exhibit B of Customer's Hub Services Agreement(s).

 

7. CURTAILMENT

 

If, due to any cause whatsoever, Egan Hub's capability to receive, store or deliver

quantities is impaired so that Egan Hub is unable to receive, store or deliver on any Gas Day

the quantities provided for in Exhibit B of its Hub Services Agreement with Customers, then

interruptible park capacity, withdrawals, and/or injections will be allocated according to the

priority of service as set forth in Section 5 of the General Terms and Conditions of this FERC

Gas Tariff.

 

8. EXPIRATION OF TERM

 

Prior to the end of the term of the applicable Exhibit B of Customer's Hub Services

Agreement, Customer must either physically withdraw Gas or indicate to Egan Hub in writing that

it desires to have Egan Hub cash out the Gas on mutually agreeable terms. If, by the end of

the Gas Day that is the last Gas Day of the term of Exhibit B of Customer's Hub Services

Agreement, Customer neither has withdrawn the Park Balance nor indicated in writing to Egan Hub

that it desires to exercise the cash out option, then Egan Hub may take, free and clear of any

adverse claims, title to such Park Balance as Customer was required, but failed, to withdraw or

cash out; provided, however, that only those quantities not withdrawn or cashed on mutually

agreeable terms shall become the property of Egan Hub, free and clear of any adverse claims.

 

If Customer was unable to withdraw its Park Balance due to an interruption of Customer's

withdrawal service during the last ten (10) Days before termination, Customer shall be allowed

one extra Day following the end of the term of the applicable Exhibit B of Customer's Hub

Services Agreement for each Day of the interruption of Customer's withdrawal service, or such

other time period as agreed upon by Egan Hub and Customer, to withdraw its Park Balance.

 

In the event that Egan Hub retains and takes title to any of Customer's Gas pursuant to this

Section 8, Egan Hub shall dispose of such Gas by auction in accordance with the provisions of

Section 33.1 of the General Terms and Conditions of this FERC Gas Tariff and shall remit to

Customer the proceeds received from such auction less Interruptible Park Charges for the period

from the first day following the termination date until the inventory is sold to the highest

bidder and any applicable Fuel Reimbursement charges, Interruptible Park Withdrawal Charges and

any administrative costs incurred by Egan Hub to conduct the auction. Such Interruptible Park

Charges shall be calculated by multiplying the Interruptible Park Charge rate in effect on the

termination date of the applicable Exhibit B to Customer's Hub Services Agreement by the

quantity of Gas sold at auction.