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.