Honeoye Storage Corporation

Original Volume No. 1A

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Effective Date: 04/01/2007, Docket: RP07-182-000, Status: Effective

Third Revised Sheet No. 22 Third Revised Sheet No. 22 : Effective

Superseding: Second Revised Sheet No. 22

hours notice, Customer will be deemed to have agreed to the Storage of such remaining

Working Storage Gas under Rate Schedule ISS and shall pay a Late Withdrawal Charge

of one dollar per Dth per day, or at Seller's option, Seller may retain any remaining

quantities of Working Storage Gas free and clear of any adverse claims; provided

however, that Seller will notify Customer in writing prior to November 1 of the Contract

Year in which the term of its FSS Agreement will expire of the quantity of Storage

Volumes being held by Seller for Customer's account and the above options available to

Seller in the event Customer fails to withdraw all of its Working Storage Gas by the end

of said Storage Year. Seller may, at its sole option on a non-discriminatory basis, grant

Buyer an extended time in which to withdraw or transfer such remaining Working

Storage Gas. In the event Seller is unable to withdraw Customer's properly nominated

volumes, up to the Customer's Maximum Daily Withdrawal Quantity, on any Day during

the last Storage Year prior to the expiration of the Agreement, then the term of the

Agreement shall be extended by the number of days Seller is unable to tender quantities

of Gas for redelivery.

 

In the event that a Customer does not renew its FSS agreement and fails to withdraw all

of its Working Storage Gas as provided above then the Customer will incur a Late

Withdrawal Charge or forfeit remaining quantities of Working Storage Gas. In that

event, Seller will credit the Late Withdrawal Charge or the value of the gas retained by

Seller to its existing customers in the manner set forth in Section 8.4 of the general terms

and conditions of the tariff.

 

9. DEFINITIONS

 

9.1 The term Elapsed Prorata Capacity (“EPC”) shall mean that portion of the

capacity that would have theoretically been available for use prior to the effective

time of the intraday recall based upon a cumulative uniform hourly use of the

capacity.

 

9.2 The term "Maximum Daily Injection Quantity" shall mean: the quantity set forth

in the Customer’s FSS Service Agreement.

 

9.3 The term "Maximum Daily Withdrawal Quantity" shall mean the quantity set forth

in the Customer’s FSS Service Agreement:

 

9.4 The term "Permanent Capacity Release" shall mean the release of capacity by the

Customer for the remaining term of its Agreement with Seller. If (i) the terms and

conditions of the new Service Agreement with the Replacement Customer are at