Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-160-001, Status: Effective

Sub Third Revised Sheet No. 72 Sub Third Revised Sheet No. 72

Superseding: Second Revised Sheet No. 72

 

IBTS RATE SCHEDULE

INTERRUPTIBLE IMBALANCE TRADING SERVICE

(Continued)

 

6. AUTHORIZATION, RATES, TERMS AND CHANGES

 

6.1 Customer's Hub Services Agreement and the respective obligations of the parties

hereunder are subject to all valid laws, orders, rules and regulations of duly constituted

authorities having jurisdiction, and are conditioned upon the issuance, by the FERC, and any

state or local governmental agency having jurisdiction, of requisite authorization for Egan Hub

to to construct and operate the facilities necessary to provide the Interruptible imbalance

trading service contemplated herein and for any interconnected pipeline to transport Gas

to/from the Point(s) of Receipt/Delivery to effect the Interruptible imbalance trading service

provided for herein.

 

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 the 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 its Exhibit B of Hub Services Agreements with Customers, then

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. GENERAL TERMS AND CONDITIONS

 

Applicable provisions of the General Terms and Conditions of this FERC Gas Tariff, as such

provisions may be amended from time to time, are hereby incorporated by reference and made a

part of this IBTS Rate Schedule, where applicable, and shall supplement the terms and

conditions governing service rendered hereunder, as though stated herein; provided, however,

that in the event of any inconsistency, the terms of this IBTS Rate Schedule shall control.