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.