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. 64 Original Sheet No. 64 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont’d)

 

(f) Adjustment to Bid Rate. When the rate bid by a Bidder is at least

for the Maximum Base Reservation Charge, that bid rate shall be subject to

adjustment in accordance with the procedures of this Tariff and of the

Commission, unless otherwise clearly stated in the Service Agreement. When

the rate bid by a Bidder is lower than the Maximum Base Reservation Charge,

that bid rate shall be subject to adjustment in accordance with the

procedures of this Tariff and of the Commission by an amount proportionate to

the increase or decrease in the Maximum Base Reservation Charge, unless

otherwise clearly stated in the Service Agreement.

 

(g) Bona Fide Offers. All bids submitted for capacity pursuant to

this Section must be bona fide offers, and must be submitted electronically

through Seller's EBB or as otherwise set forth in this Tariff. All Service

Agreements entered into as a result of such bids must reflect an arms length

transaction between the bidder and Seller.

 

(h) Reserved Capacity. Seller may elect to reserve for future

expansion projects any unsubscribed capacity or capacity under expiring or

terminating Service Agreements where such agreements do not have a right of

first refusal or Customer does not exercise its right of first refusal

(Available Reservation Capacity). If Seller elects to reserve Available

Reservation Capacity, it will notify Customers of its intent as part of

Seller’s posting of the Available Reservation Capacity under this Section

4.2(h) of the General Terms and Conditions. Available Reservation Capacity

may be reserved for up to one-year prior to the Seller filing for Natural

Gas Act Section 7(c) certificate approval for construction of the proposed

expansion and thereafter until such expansion is placed into service.

Seller may only reserve Available Reservation Capacity for a future

expansion project for which an open season has been held or will be held

within one (1) year of the date that Seller posts such Available

Reservation Capacity as being reserved. Any Available Reservation Capacity

reserved under this Section 4.2(h) shall be made available for service

pursuant to Seller’s General Terms and Conditions on a limited-term basis

up to the in-service date of the expansion project(s). Seller reserves the

right to limit any extension rights provided in the Service Agreements and

pursuant to Section 4.1 of the General Terms and Conditions governing

rights of first refusal commensurate with the proposed in-service date of

the expansion projects.