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