Honeoye Storage Corporation

Original Volume No. 1A

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Effective Date: 02/21/2009, Docket: RP09-263-000, Status: Effective

Second Revised Sheet No. 20 Second Revised Sheet No. 20 : Pending

Superseding: First Revised Sheet No. 20

amounts received from the Replacement Customer in Seller's next monthly bill to

the Releasing Customer.

 

7. 5 MARKETING FEE. Seller may negotiate with Releasing Customer to market all

or a portion of the released capacity to potential Replacement Customers who, as

a result of such marketing activity, bid for such capacity during the competitive

bidding procedure. If Seller, contracts with a Replacement Customer found by

Seller, Seller, with the agreement of Releasing Customer, shall be entitled to a

marketing fee which will be negotiated between Seller and Releasing Customer.

The basis and method of assessing such fee shall be subject to negotiations

between Seller and Releasing Customer. Each Replacement Customer found by

Seller, pursuant to Seller’s agreement with Releasing Customer concerning a

marketing fee, shall submit with its bid a statement attesting to Seller’s marketing

efforts, which efforts shall consist of more than the simple posting of a notice on

Seller’s EBB, in connection with such Replacement Customer’s decision to

purchase released capacity. Such statement shall constitute conclusive evidence

of Seller’s proactive marketing effort entitling Seller to a marketing fee.

 

7.6 TERM. Any release under this Section 7 for service under Rate Schedule FSS

shall be for a maximum term not longer than the remaining term of the underlying

FSS Service Agreement. If capacity is released and the Replacement Customer

takes service under Rate Schedule FSS, the minimum term shall be one month.

 

7.7 RELEASING CUSTOMER’S INJECTION/WITHDRAWAL CHARGES.

Releasing Customers’ pricing provisions of any offer to release pursuant to

Section 7.1 hereof must include Releasing customers’ currently effective Injection

Rate, Withdrawal Rate, Overrun Injection Rate and Overrun Withdrawal Rate and

Fuel Use/Loss Charge.

 

7.8 VOLUMETRIC RELEASE. Customer may release capacity on a volumetric

basis, provided that:

 

(a) all requirements and conditions of the release be specified by the

Releasing Customer in the release notice, including any minimum storage volume requirement,

and