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. 49 Original Sheet No. 49 : Effective

 

 

GENERAL TERMS AND CONDITONS (Cont'd)

 

2.3 Communications.

 

(a) The EBB shall be used to communicate initial and revised gas

storage schedules, confirmation of gas storage nominations, and any other

data or notice required by this Tariff. After notice by Seller, the

following types of communication may be permitted: notices not previously

required to be given through the EBB, Service Agreements and amendments, and

such other communications as the parties may agree in writing. Where

electronic communications are required by this Tariff, Seller may waive the

requirements and accept such communications in another acceptable form on a

nondiscriminatory basis. Notices posted on the EBB that require action by

another party within two business days, including notices to interruptible

Customers, shall also be communicated by Electronic Notice Delivery.

 

(b) In the event of failure of all or part of the EBB system,

communications ordinarily conveyed through the EBB shall, to the extent

possible, be conveyed through a combination of Electronic Notice Delivery,

telephonic or facsimile transmissions. Seller will make available certain

blank forms on its EBB that Customer may print for use in case of a failure

of Seller’s EBB and Customer may transmit those completed forms to Seller by

facsimile transmission. Customer will be responsible for printing and

saving the blank forms in advance of any EBB failure. In the event of

failure of all or part of the EBB system, the forms Customer shall transmit

by facsimile transmission shall include: notices requiring action within two

business days; requests for service not requiring open bidding; capacity

releases made pursuant to an exempt transaction; executions of Service

Agreements; and submissions of nominations. In the event of failure of all

or part of the EBB system, the forms Seller shall transmit by Electronic

Notice Delivery or facsimile shall include: status reports, executed

Service Agreements, invoices, and notices requiring action within two

business days.

 

(c) In the event that certain EBB functions effectively cannot be

replaced, Seller will, by Electronic Notice Delivery, telephone or facsimile

transmission, provide notice to Customers of the suspension of that function

pending restoration of EBB operations. The activities or functions to be

suspended for the duration of any EBB failure shall include: bidding for

Seller's available capacity or released capacity; 24-hour turnaround times

for contracting between Seller and other parties, such as Replacement

Customers of released capacity; and current capacity information, balancing

data, or other operational information.