Honeoye Storage Corporation
Original Volume No. 1A
Contents / Previous / Next / Main Tariff Index
Effective Date: 11/01/2010, Docket: RP10-1222-000, Status: Effective
Fifth Revised Sheet No. 18 Fifth Revised Sheet No. 18
Superseding: Fourth Revised Sheet No. 18
and the winning bidder shall enter into an Agreement with Seller pursuant to
Section 7.2. Seller is required to meet the Capacity Release Timeline for
processing capacity releases only if the Releasing Customer's best bid
methodology is either: (1) highest rate, (2) highest net revenue, or (3) greatest net
present value. For index-based capacity release transactions, the Releasing
Customer should provide the necessary information and instructions to support
the chosen methodology. In all cases, Replacement Customers will be subject to
all requirements of this Tariff. Storage Service to the Replacement Customer may
commence, prior to the posting of the winning bid, if capacity has been awarded
and a contract executed.
(h) Recall Reput Rights
(i) A Releasing Customer cannot in any way modify recall rights as specified
by a previous Releasing Customer, but may specify its own recall rights,
subject to any recall rights specified by a previous Releasing Customer. A
potential Replacement Customer is responsible for obtaining from the
Releasing Customer with whom it is negotiating for released capacity any
information concerning recall rights specified by a previous Releasing
Customer. A Releasing Customer specifying recall conditions shall be the
only party that can exercise and administer such recall rights. In the event
of any conflict, the instructions and communications of the Releasing
Customer specifying the recall conditions shall govern. The party recalling
the capacity shall be subject to Seller's nomination procedures in
accordance with Section 4 of the General Terms and Conditions of this
FERC Gas Tariff. If the release specifies that the Releasing Customer has
reput rights and the recall ends prior to the end of the release term at the
end of the recall period, capacity shall revert back to the Replacement
Customer, if applicable, subject to Seller's nomination procedures. When
capacity is recalled it may not be reput for the same day. The deadline for
notifying the Seller of a reput is 8:00 a.m. to allow for timely nominations
to flow on the next gas day.
(ii) Seller shall have no liability to any party in relying on the recall
instructions and conditions specified by the Releasing Customer, except to
the extent that such party establishes that Seller has incorrectly applied
such instructions as a result of the negligent action or willful misconduct
of Seller.