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.