Wyckoff Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 12/31/9999, Docket: RP09- 444-000, Status: Accepted

Original Sheet No. 27 Original Sheet No. 27

 

the bid and Transporter’s offer of an Assignment Agreement shall be void and

Transporter will tender an Assignment Agreement to the next highest

acceptable bidder, if any, consistent with the terms of the Release

Notice. Except with respect to prearranged transactions described in

Section 8.2(a) above, Replacement Shippers failing to return such

agreement shall be removed from Transporter’s Approved Bidders List for

six months, or less than six months if agreed to in writing by the

Releasing Shipper. Nothing herein shall restrict the Releasing Shipper

from pursuing any other remedies it may have against a Replacement

Shipper failing to execute and return an Assignment Agreement tendered

by Transporter.

 

8.6 Recall; Reassignment of Assigned Service Rights.

 

(a)Agreements subject to recall. The Releasing Shipper

shall be permitted to specify as a condition for releasing capacity the

right to recall that capacity upon notice to Transporter and to

Replacement Shipper. Any such recall provision must be included in the

Release Notice originally submitted by the Releasing Shipper and in the

Assignment Agreement executed following assignment of the capacity. The

Release Notice and the Assignment Agreement governing the assigned

capacity shall clearly state (i) the frequency with which the Releasing

Shipper may recall any released capacity, (ii) the maximum duration of

any such recall, (iii) the length of the advance notice to Transporter

and Replacement Shipper required before recall may be effectuated, but

in no event less than the minimum set forth below, and (iv) whether and

under what conditions any right of first refusal held by the Releasing

Shipper is transferred to Replacement Shipper, and (v) such other terms

as the Releasing Shipper may specify; provided that advance notice to

Transporter shall not be required if the receipt and delivery points

and quantity are unchanged.

 

The Releasing Shipper shall provide notice to the

Transporter and the first Releasing Shipper in accordance with the

following:

 

(i) For the Timely Nomination Cycle, no later than

8:00 a.m. CT. on the day before the Gas Day;

 

(ii) For Early Evening Nomination Cycle, no later

than 3:00 p.m. C.T. on the day before the Gas Day;

 

(iii) For the Evening Nomination Cycle, no later

than 5:00 p.m. CT. on the before the Gas Day;

 

(iv) For the Intra-day 1 Cycle, no later than 7:00

a.m. on the Gas Day;

 

(v) For the Intra-day 2 Cycle, no later than 2:00

p.m. on the Gas Day;

 

Replacement Shipper shall be permitted to make secondary

assignments of all or any part of the capacity, unless prohibited by

the Releasing Shipper in the Assignment Agreement that is subject to

the Releasing Shipper’s right to recall, provided, however, that such

assignments shall not vary the recall provisions contained in the

original assignment.

 

(b) Agreements Not Subject to Recall. A Replacement

Shipper that desires to release some or all of its assigned capacity

(Replacement Shipper/Secondary Releasing Shipper) may release and

reassign all or a portion of the assigned capacity to other parties

(Secondary Replacement Shippers) if the original assignment is not

subject to recall by the original Releasing