Tres Palacios Gas Storage LLC

Original Volume No. 1

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Effective Date: 08/01/2008, Docket: RP08-424-000, Status: Effective

Original Sheet No. 123 Original Sheet No. 123

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

4.12 Marketing Fee. If TRES PALACIOS and the Releasing

Customer so agree, TRES PALACIOS may receive a negotiated fee for

its marketing efforts.

 

4.13 Limitations.

 

(a) Releases and assignments hereunder shall be for

period(s) of one or more Day(s) and the maximum term shall not

extend beyond the expiration of this FERC Gas Tariff provision or

beyond the expiration of the Releasing Customer's Storage Service

Agreement.

 

(b) TRES PALACIOS may invalidate any offer to release

or any bid subsequent to its posting on the Internet Web Site

which does not conform to the requirements of this Section and the

other provisions of this FERC Gas Tariff and such invalidated

offer or bid shall be deemed null and void.

 

(c) Any terms and conditions imposed on the offer to

release by the Releasing Customer as provided for in this Section

4 must be objectively stated, reasonable, capable of

administration or implementation by TRES PALACIOS without any

material increase in burden or expense, applicable to all

potential bidders, not unduly discriminatory, and consistent with

the terms and conditions of this FERC Gas Tariff and Releasing

Customer's Storage Service Agreement.

 

(d) A Releasing Customer may re-release to the same

Replacement Customer, where such first release was not subject to

posting and bidding pursuant to Section 4.4, for a term of 31 Days

or less, only if: 1) a period of 28 Days has elapsed after the

first release for 31 Days or less has expired or 2) the Point(s)

of Receipt and/or Point(s) of Delivery for the re-release is (are)

different from the Point(s) of Receipt and/or Point(s) of Delivery

of the first release or 3) the Releasing Customer causes the

posting of an offer to release capacity or of a pre-arranged

transaction to be made, and capacity is allocated on the basis of

bids submitted.

 

(e) Recall Provisions. If the Releasing Customer

retains recall rights, Releasing Customer's offer to release

capacity shall clearly specify the conditions precedent to such

recall and whether the recall right retained by Releasing Customer

is on a full Day or partial Day basis. The Releasing Customer

shall provide capacity recall notification to TRES PALACIOS via

the Internet Web Site. The recall notification shall specify the

recall notification period for the specified effective Day, as

well as any other information needed to uniquely identify the

capacity being recalled. TRES PALACIOS shall support the

following recall notification periods for all released capacity

subject to recall rights:

 

(1) Timely Recall Notification:

 

(A) A Releasing Customer recalling capacity should provide notice

of such recall to TRES PALACIOS and the first Replacement Customer

no later than 8:00 A.M. CCT on the Day that Timely Nominations are

due;