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;