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. 128 Fourth Revised Sheet No. 128

Superseding: Third Revised Sheet No. 128

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

5.3 Curtailment.

 

(a) If on any Day, Egan Hub's capability to receive or deliver quantities is

impaired so that Egan Hub is unable to receive or deliver all the quantities which are

scheduled, then curtailment of service shall be made in the following order as applicable based

on the operational constraint;

 

(1) Make-up volumes to correct prior variances between (i) Customer's

Transporter and Egan Hub under a balancing agreement, (ii) Customer

and Egan Hub, and (iii) Customer and Customer's Transporter if the

variance was due to Egan Hub's failure to receive or deliver

Customer's scheduled volumes.

(2) Interruptible services pursuant to Section 5.2(c) above, based on

the charges paid by Customer, with the transaction with the lowest

economic value to Egan Hub being curtailed first. Any ties shall be

curtailed on a pro rata basis, according to the quantities scheduled

for each Customer.

(3) Interruptible services pursuant to Section 5.2(b) above, based on

the charges paid by Customer, with the transaction with the lowest

economic value to Egan Hub being curtailed first. Any ties shall be

curtailed on a pro rata basis, according to the quantities scheduled

for each Customer.

(4) Enhanced park and loan services pursuant to Section 5.2(a) above,

based on the charges paid by Customer, with the transaction with the

lowest economic value to Egan Hub being curtailed first. Any ties

shall be curtailed on a pro rata basis, according to the quantities

scheduled for each Customer.

(5) Firm Storage Service (FSS) and Secondary Firm Storage Service (SSS)

at Point(s) of Receipt, not in excess of MDIQ, or Point(s) of

Delivery, not in excess of MDWQ. If firm storage service must be

curtailed, curtailment of service to firm storage Customers shall be

pro rata, according to the quantities scheduled for each Customer.

 

(b) Egan Hub shall provide Customer as much advance notice of any curtailment

as is practicable under the circumstances. Such notice shall be made by e-mail or via the

Internet Web site, as appropriate, and shall state the reduced quantities of Gas that Egan Hub

estimates it will be able to park, wheel, loan, store, inject, withdraw, receive or deliver, as

applicable, and the estimated duration of the curtailment.

 

(c) If curtailment is required, Egan Hub and Customer shall cooperate to the

extent possible in making adjustments to receipts, deliveries, injections or withdrawals to

minimize injury to any property or facilities.

 

5.4 Curtailment Liability. Egan Hub shall not be liable for any loss or damage to any

person or property caused, in whole or in part, by any curtailment of service, except to the

extent caused solely by Egan Hub's negligence or willful misconduct.