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).