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. 83 Fourth Revised Sheet No. 83

Superseding: Third Revised Sheet No. 83

 

IBS RATE SCHEDULE

INTERRUPTIBLE BALANCING 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 construct and operate the facilities necessary to provide the Interruptible balancing

service contemplated herein, and for any interconnected pipeline to transport Gas to/from the

Point(s) of Receipt/Delivery to effect the Interruptible balancing 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 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 the Hub Services Agreement with Customers, then

interruptible balancing 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 the 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 Gas 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 IBS balance quantity as Customer was required, but failed, to withdraw or

cash out; provided, however, that only those quantities not withdrawn or cashed out on mutually

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