Honeoye Storage Corporation

Original Volume No. 1A

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Effective Date: 08/01/2000, Docket: CP00- 93-003, Status: Effective

Original Sheet No. 85 Original Sheet No. 85 : Effective

 

(a) In scheduling deliveries of firm storage nominations on any Day when

capacity is constrained, Seller shall allocate service on a pro rata basis to

those Customers nominating volumes on such Day based upon such

Customer's contracted daily injection or withdrawal volumes as a fraction

of the contracted daily injection or withdrawal volumes of all Customers

nominating volumes on such Day.

(b) In scheduling nominated quantities for interruptible Storage Services

hereunder, after providing for firm Storage Service, Seller shall utilize the

priorities established in Section 10 of these General Terms and Conditions,

provided however that no interruptible Customer shall have a claim of

priority on any Day to quantities in excess of the lesser of (1) such

interruptible Customer's Maximum Daily Injection Quantity or Maximum

Daily Withdrawal Quantity as applicable or (2) such interruptible

Customer's nomination.

 

4.4 Delivery of Gas. Seller, subject to the other provisions hereof, shall make daily

delivery, to the extent practicable, of Equivalent Quantities of Gas at the Point of

Injection/Withdrawal in accordance with Seller's scheduled deliveries.

 

4.5 Hourly Variation. Injections and withdrawals shall be made at uniform hourly

rates to the extent practicable.

 

4.6 Limitation on obligation. Should the quantities of Gas received from Customer(s)

by Seller at the Point of Injection/Withdrawal exceed the Maximum Daily

Injection Quantity plus the Seller's Injection Use, Seller shall notify Customer(s)

of such fact within a reasonable time after such becomes known, and Customer(s)

shall seek to reduce deliveries to Seller forthwith. In the event any such excess

delivery would jeopardize the safety of Seller's operations and/or its ability to

meet its contract commitments to others, such decisions being solely within the

judgment and discretion of Seller, Seller shall have the right to refuse to accept,

without any liability to Customer, or any other person, all or such part of said

excess delivery as Seller deems necessary, and shall notify Customer accordingly.

 

4.7 Reduction in Maximum Storage Quantity. In the event that Customer nominates

or utilizes less than 50% of its Maximum Storage Quantity under Rate Schedule

ISS for a period of one (l) year, Seller may reduce Customer's Maximum Storage

Quantity to 125% of the average utilization during such year, which new

Maximum Storage Quantity, as applicable, shall be effective on the first Day of