Saltville Gas Storage Company L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2009, Docket: RP08-479-002, Status: Pending

Sub Original Sheet No. 112.01 Sub Original Sheet No. 112.01

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

3. CONTRACTING FOR SERVICE (continued)

 

3.9 Allocation of Expansion Capacity. (continued)

 

(c) Reservation of Capacity. To the extent Saltville has (i)

available capacity or (ii) capacity under expiring or

terminating service agreements where such capacity is not

subject to a right of first refusal or Customer does not

exercise its right of first refusal, Saltville reserves the

right, but shall not be obligated, to reserve such capacity

for a future expansion project. Saltville may reserve

capacity for a future expansion project for which an open

season has been held or will be held within twelve (12)

months of the date that Saltville posts such capacity as

being reserved. Any capacity reserved pursuant to this

Section 3.9(c) must first be posted as available capacity on

Saltville's Web Site for at least five (5) Business Days.

Such posting will indicate that Saltville plans to reserve

the posted capacity for a future expansion project to the

extent that the posted capacity is not acquired by Customers

or potential Customers during the open season for capacity

to be reserved.

 

Any minimum terms and conditions imposed in an open season

for capacity to be reserved must not materially differ so as

to be more restrictive than the terms and conditions imposed

in the expansion project open season. In the event that a

subsequent expansion project open season imposes minimum

terms and conditions that are materially different from the

minimum terms and conditions imposed for the reserved

capacity open season, Saltville shall hold another open

season for the reserved capacity that uses the same minimum

terms and conditions as were imposed for the expansion

project open season.

 

Any capacity reserved under this Section 3.9(c) may be

reserved for up to twelve (12) months prior to the time

Saltville files for certificate approval for proposed

construction of a related project and thereafter until all

expansion facilities are placed into service. Any capacity

reserved under this Section 3.9(c) shall be made available,

pursuant to the provisions of Section 3.9(e) of these

General Terms and Conditions, for transportation service on

an interim basis up to, but not including, the in-service

date of the related expansion project(s). For such interim

service, Saltville reserves the right to limit any

Customer's renewal rights that might otherwise apply to such

service, including Customer's right of first refusal, if

applicable. Any capacity reserved for a future expansion

project that does not go forward for any reason shall be

reposted as generally available within thirty (30) days of

the date the capacity becomes available.