Honeoye Storage Corporation

Original Volume No. 1A

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Effective Date: 01/01/2010, Docket: RP10-135-000, Status: Effective

Second Revised Sheet No. 101 Second Revised Sheet No. 101

Superseding: Original Sheet No. 101

 

(b) A Customer desiring service under Rate Schedule ISS shall submit to

Seller, at least one (1) business Day prior to the start of such service, the

rate that such Customer is willing to pay for such service . The rate

submitted by Customer pursuant to the above provision shall be used to

determine priority among nominations on each Day. Once Customer's

nomination is accepted, and priority is assigned thereto pursuant to this

section, such priority shall not be changed by the execution of new ISS

Agreements during the day for service under Rate Schedule ISS.

 

(c) Notwithstanding the provisions of this Section 10.3, if a Customer under

Rate Schedule ISS fails to submit a timely nomination for service for a

day, pursuant to these General Terms and Conditions, for such service,

then such Customer’s priority for such service for that day, shall be

changed to a ranking below that of all other Customers who have made

timely nominations for service.

 

10.4 Overrun Service

 

All requests for overrun Service under Rate Schedules FSS or ISS shall rank in

priority below requests for service which are within the Customers' respective

Maximum Storage Quantities. If some, but not all, overrun service requests can be

satisfied, the service shall be allocated pro rata to the Maximum Storage

Quantities of the Customers requesting the overrun service.

 

10.5 Communications

 

In offering service from time to time pursuant to this Section 10, to a Customer

under an Agreement, Seller may deem any offer made by telephone or other

instant communication method to have been refused if acceptance thereof is not

communicated to Seller within six (6) normal working hours after such offer, or

as otherwise agreed to by the parties.

 

10.6 Extension of Service Agreements

 

Prior to the expiration of the term of a Service Agreement and prior to Honeoye

posting the availability of capacity under this Section 10, Honeoye and Customer

may mutually agree to an extension of the term of the Service Agreement (the

exact length and terms of which is to be negotiated on a case-by-case basis, in a

not unduly discriminatory manner).