Egan Hub Storage, LLC

First Revised Volume No. 1

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

Third Revised Sheet No. 124 Third Revised Sheet No. 124

Superseding: Second Revised Sheet No. 124

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(h) Following the awarding of capacity to a Replacement Customer in accordance

with the procedures provided in this section, the Releasing Customer's rights and Egan Hub's

obligations under the Releasing Customer's service agreement shall be modified and subject to

the capacity rights released to the Replacement Customer for the term of such release.

Effecting a release pursuant to the provisions of this section shall constitute Releasing

Customer's consent and agreement to such amendment or modification of its existing service

agreement.

 

(i) The offer to release by a Customer under Rate Schedule FSS or SSS must

specify the quantities of MDDQ, MDRQ, MSQ, MDIQ, MDWQ or rights offered, and actually available

on the effective date of the release, and the exercise of which rights, in conjunction with

Releasing Customer's exercise of its retained rights, will not violate any maximum or minimum

quantity requirements or limitations applicable under the Rate Schedule or the respective

Service Agreements. Releasing Customer shall be responsible for ensuring, if applicable,

whether by the withdrawal or transfer-in-place of a portion of its Storage Inventory or

otherwise as required, that such storage capacity, and the corresponding ability to

inject/withdraw Gas up to the Maximum Storage Quantity released, in accordance with the terms

and conditions of the Rate Schedule and within the time remaining in the injection and/or

withdrawal period, as applicable, shall be available upon the commencement of the release. A

Replacement Customer under Rate Schedule FSS or SSS shall be responsible for arranging

transportation to and from Point(s) of Receipt and Point(s) of Delivery consistent with its

rights and obligations under its service agreement and Rate Schedule FSS or SSS. The

Replacement Customer under Rate Schedule FSS or SSS must comply with all obligations imposed

under such Rate Schedule and its rights to store, withdraw and/or inject Gas will be subject to

the provisions thereof. If the Releasing Customer proposes to, or requires a transfer-in-place

of the portion of its Storage Inventory in conjunction with its release of storage capacity

rights, it shall so specify in its offer to release and such transfer shall be implemented

contemporaneously with the release subject to compliance with the provisions of Section 20 of

these General Terms and Conditions. The Replacement Customer must withdraw the portion of its

Maximum Storage Quantity by the end of the term of the release. In lieu of withdrawing the

portion of its Storage Inventory, the Replacement Customer can also attempt to effect a

transfer of the portion of its Storage Inventory to another storage service Customer as

provided in Section 20 of these General Terms and Conditions. If the Replacement Customer

fails to withdraw or transfer the portion of its Storage Inventory by the end of the term of

its release, title to the portion of Customer's remaining Storage Inventory will be vested, at

no cost, in the Releasing Customer which released its capacity to the Replacement Customer on a

temporary basis.