Egan Hub Storage, LLC

First Revised Volume No. 1

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

Original Sheet No. 165 Original Sheet No. 165

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

34. OPERATIONAL BALANCING AGREEMENTS (continued)

 

34.3 It is Egan Hub's intent to negotiate and execute Operational

Balancing Agreements on a non-discriminatory basis with any OBA

Party. However, Egan Hub shall have no obligation to negotiate

and execute Operational Balancing Agreements with any OBA Party

that:

 

(a) is not creditworthy as determined pursuant to Section 4 of

the General Terms and Conditions; for purposes of such

provision, references to Customer shall refer to the OBA

Party.

 

(b) does not maintain dispatching operation which is staffed on

a continuous, around-the-clock basis 365 days per year;

 

(c) would cause the level of regulation to which Egan Hub is

subject prior to the execution of the applicable Operational

Balancing Agreement to increase; or

 

(d) does not commit to timely determination of variances based

on reasonable available measurement technology.

 

34.4 Nothing in this Section 34 nor any executed Operational Balancing

Agreement shall limit Egan Hub's rights to take action as may be

required to adjust receipts and deliveries under any service

agreement to reflect actual experience or to alleviate conditions

which threaten the integrity of Egan Hub's system, including

maintenance of service to higher priority Customers and/or

services.