Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 01/01/2009, Docket: RP09-77-000, Status: Effective

Second Revised Sheet No. 123 Second Revised Sheet No. 123

Superseding: First Revised Sheet No. 123

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

Egan Hub's notices of recalled capacity to all affected Replacement

Customers shall be provided via the LINK® System, along with written notice via e-mail

communication to those Replacement Customer contact person(s) identified in the Replacement

Customer's bid submitted pursuant to Section 4.6 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 Egan Hub, each affected

Replacement Customer shall revise its nominations within the applicable nomination cycle in order

to implement the recall. Each affected Replacement Customer will be solely responsible for

adjusting its supply and transportation arrangements, which may be necessary as a result of such

recall. Replacement Customers involved in re-release transactions may receive notice slightly

after the first Replacement Customer receives notice. The recalling Releasing Customer may

nominate the recalled capacity consistent with the applicable nomination cycle, as defined in

Section 8.2(f) of these General Terms and Conditions.

 

For recall notifications provided to Egan Hub during the Timely, Early

Evening or Evening recall notification period, the recall shall be effective as of the beginning

of the specified effective Gas Day. For recall notifications provided during the Intraday 1 or

Intraday 2 recall notification period, the recall shall be effective at 5:00 p.m. CCT or 9:00 p.m.

CCT, respectively, on the specified effective Gas Day.

 

(f) Partial Day Recall Quantity. The daily contractual entitlement that can be

recalled by a Releasing Customer for a partial Day recall is a quantity equal to the lesser of:

(1) The quantity specified in the Releasing Customer's notice to recall capacity; or

(2) The difference between the quantity released by the Releasing Customer and the

Elapsed Prorata Capacity.

 

In the recall notification provided to Egan Hub by the Releasing Customer,

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 a partial Day capacity

recall, Egan Hub shall determine the allocation of capacity between the Releasing Customer and the

Replacement Customer(s) based upon the Elapsed Prorata Capacity.

 

The amount of capacity allocated to the Replacement Customer(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, Egan Hub shall

not be obligated to deliver a combined quantity to the Releasing Customer and the Replacement

Customer(s) that is in excess of the total daily contract quantity of the release.

 

(g) Reput Provisions. Egan Hub shall support the function of reputting by the

Releasing Customer. The Releasing Customer may reput previously recalled capacity to the

Replacement Customer pursuant to the reput rights and methods identified in the Releasing

Customer's offer to release capacity, as required by Section 4.1(g). When capacity is recalled,

such capacity may not be reput for the same Gas Day. The deadline for the Releasing Customer to

notify Egan Hub of a reput of capacity is 8:00 A.M. CCT to allow the Replacement Customer to

submit timely nominations for Gas to flow on the next Gas Day.