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. 65 Original Sheet No. 65 : Effective
GENERAL TERMS AND CONDITIONS (Cont'd)
Prior to reserving Available Reservation Capacity for future expansion
projects, Seller shall first make such capacity generally available to any
Customer or potential Customer by posting such Available Reservation
Capacity for bidding through an open season for a time period of at least
five (5) business days. This Available Reservation Capacity open season
posting shall contain the posting information required by General Terms and
Conditions Section 4.2(a)(i) - (vi) and shall conform to the bidding and
capacity award procedures of General Terms and Conditions Sections 4.2(b) -
(g). When the Available Reservation Capacity open season is held prior to
the expansion project open season, Seller shall have the right to state in
the Available Reservation Capacity open season posting minimum terms and
conditions for bids that would be acceptable for consideration that are the
same as the minimum terms and conditions anticipated for the future
expansion project open season. In the event that the subsequent expansion
project open season imposes minimum terms and conditions that are
materially different from the terms and conditions imposed in the previous
Available Reservation Capacity open season, Seller shall hold another open
season for the Available Reservation Capacity that uses the same minimum
terms and conditions as were imposed for the expansion project open season.
If the expansion project open season is held prior to or during the
Available Reservation Capacity open season, Seller shall use the same
minimum terms and conditions as used for the expansion project open season.
Available Reservation Capacity may only be reserved in the 12-month
period prior to the filing of the certificate application. Any Available
Reservation Capacity reserved pursuant to this Section 4.2(h) for an
expansion project that does not go forward because Seller does not file any
required application with the Commission within one-year from such
reservation date, or because Seller ultimately does not receive
authorization, shall be posted as generally available within 30 days of the
date the capacity becomes available subject to then existing commitments
for the capacity.
Seller postings for reserved Available Reservation Capacity shall
include the following information: (a) a description of the expansion
project for which the capacity will be reserved; (b) the total quantity of
capacity to be reserved; (c) whether, and if so, when Seller anticipates
that an open season for the capacity will be held or it will otherwise be
posted for bids under the expansion; (d) the projected in-service date of
the expansion project(s); and (e) on a rolling basis, how much of the
reserved capacity has been sold on a limited-term basis. Seller shall make
reasonable efforts to update the reservation posting to reflect material
changes in the expansion project(s) up to the in-service date of the
expansion project(s). The reservation posting shall also include a non-
binding solicitation (or reverse open-season) for turnback capacity from
Seller’s existing Customers to serve the expansion project(s), provided
that Seller shall post the non-binding solicitation for turnback capacity
no later than 90 days after the close of the expansion project open
season(s).