Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-160-000, Status: Effective

Second Revised Sheet No. 132 Second Revised Sheet No. 132

Superseding: First Revised Sheet No. 132

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(j) Liability of Egan Hub: Egan Hub shall not be liable for any

costs incurred by any Customer or point operator in

complying with an Action Alert or OFO. Egan Hub shall not

be responsible for any damages that result from any

interruption in service that is a result of a Customer's or

point operator's failure to comply promptly and fully with

an Action Alert or OFO, and the non-complying Customer or

point operator shall indemnify Egan Hub against any claims

of responsibility. However, Egan Hub shall use reasonable

efforts to minimize any such costs or damages.

 

(k) Unilateral Action: In the event that (1) Customer(s) or

point operator(s) does not respond to an OFO, or (2) the

actions taken thereunder are insufficient to correct the

system problem for which the OFO was issued, or (3) there is

insufficient time to carry out the procedures with respect

to OFOs, Egan Hub may take unilateral action, including the

curtailment of firm service, to maintain the operational

integrity of Egan Hub's system. For purposes of this

section, the operational integrity of Egan Hub's system

shall encompass the integrity of the physical system and the

preservation of physical assets and their performance, the

overall operating performance of the entire physical system

as an entity, and the maintenance (on a reliable and

operationally sound basis) of total system deliverability

and the quality of Gas delivered.

 

5.6 Scheduled Maintenance

 

(a) Egan Hub shall have the right to curtail, interrupt or

discontinue service in whole or in part on all or a portion

of its facilities from time to time to perform inventory

verification processes, repairs, maintenance or improvements

of Egan Hub's facilities as necessary to maintain the

operational capability of Egan Hub's facilities or to comply

with applicable regulatory requirements, or to perform

construction pursuant to valid Commission authorization.

Egan Hub shall exercise due diligence to schedule inventory

verification processes, repairs, maintenance and

construction so as to minimize disruptions of service to

Customers and shall provide reasonable notice of the same to

Customers.

 

(b) Force Majeure. Egan Hub shall have the right to curtail,

interrupt, or discontinue service in whole or in part on all

or a portion of its facilities at any time for reasons of

Force Majeure pursuant to Section 17 of these General Terms

and Conditions.

 

6. STORAGE OPERATIONS

 

6.1 Customer shall tender or cause to be tendered to Egan Hub at the

Point(s) of Receipt located on its system any Gas which Customer desires to

have injected into storage, plus applicable Fuel Reimbursement. Customer

shall also receive or cause to be received Gas requested to be withdrawn

from storage at the Point(s) of Delivery located on Egan Hub's system.

 

6.2 Subject to the operating conditions of the delivering or receiving

pipelines, Egan Hub shall receive Gas for injection from Customer at the