Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective
Original Sheet No. 15 Original Sheet No. 15 : Effective
HSS RATE SCHEDULE
HARDY STORAGE SERVICE (Cont'd)
(c) Subject to the limitations and requirements set forth in this
Rate Schedule or in Customer's HSS Service Agreement, Seller shall (i)
inject quantities received by Seller from or on behalf of Customer and
designated by Customer for delivery to "HSS Storage", up to the HSCQ set
forth in Customer's HSS Service Agreement plus sufficient quantities for
Retainage, and (ii) deliver to Customer thermally equivalent quantities of
gas, less Retainage, up to the HSCQ set forth in Customer's HSS Service
Agreement. Seller shall not be obligated under this Rate Schedule on any
Day to deliver to Customer gas in excess of the quantities then held in
storage for Customer.
(d) Service rights under an HSS Service Agreement may be released and
assigned in accordance with Section 14 (Release and Assignment of Service
Rights) of the General Terms and Conditions. Service to a Replacement
Customer under any such release and assignment shall be subject to the
provisions set forth in this Rate Schedule and in the General Terms and
Conditions. If a Customer releases only a portion of its service rights
under an HSS Service Agreement, such release shall not change the existing
ratio of the HSCQ and the HMDSQ for Customer's remaining unreleased
service.
(e) Seller and Customer may mutually agree on a not unduly
discriminatory basis to (i) different termination dates for specified
volumes of Storage Contract Quantity and Maximum Daily Storage Quantity
within the same Service Agreement and/or (ii) combine Service Agreements
under this Rate Schedule into a single Service Agreement under this Rate
Schedule with different termination dates for specified volumes of Storage
Contract Quantity and Maximum Daily Storage Quantity. Seller and Customer
may mutually agree to combine Service Agreements only to the extent that the
individual Service Agreement’s rates, terms, and conditions can be
distinctly maintained and will not be altered by the combination. For each
Service Agreement(s) executed in accordance with this Section 2(e), each of
the varying termination dates and associated volumes of Storage Contract
Quantity and Maximum Daily Storage Quantity will be set forth on a separate
Appendix A to the Service Agreement applicable to service pursuant to this
Rate Schedule. Each component with a different termination date for a
specified volume of Storage Contract Quantity and Maximum Daily Storage
Quantity within the same Service Agreement and reflected in a separate
Appendix A will be regarded as a single Service Agreement for purposes of
Customer's exercise of any right of first refusal under the provisions of
Section 4 of the General Terms and Conditions of Seller's Tariff. In the
event of a constraint or other occurrence that precludes combined
nominations or allocations, Seller may advise Customers under such combined
Service Agreements that capacity must be nominated separately, and is
subject to separate allocation, pursuant to the terms of each separate
Appendix A of the Service Agreement. Each Appendix A of the combined
Service Agreements will be identified by its original contract number or
such other identification convention determined to be applicable by Seller.