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. 74 Original Sheet No. 74 : Effective
GENERAL TERMS AND CONDITIONS (Cont'd)
6. NOMINATING, SCHEDULING, AND MONITORING
6.1 General.
(a) Except for events solely within Seller's control, the primary
obligation and burden of responsibility to monitor, control, adjust and
maintain a concurrent balance between tenders and takes of gas shall rest
with Customer. Seller neither assumes any responsibility nor any obligation
to monitor or adjust Customer's tenders or takes by the provisions of this
Section.
(b) Unless otherwise stated in this Section 6, all notices or other
communications from Customer to Seller pursuant to the requirements of this
Section shall be submitted electronically through Seller's EBB. The date
and time of all such notices or other communications from Customer to Seller
under this Section shall be deemed to be the date and time those notices or
communications are received by Seller, unless otherwise specified.
(c) Seller will post to Seller's EBB a telephone number to be used
after normal business hours to assist Customers having scheduling or
confirmation problems.
(d) The sending party shall adhere to nomination, confirmation, and
scheduling deadlines. It is the party receiving the request who has the
right to waive the deadlines.
6.2 Nominations.
(a) Quantities of gas nominated and capacity awarded will be made
effective at the time designated on the nomination provided Customer adheres
to the nomination timeline prescribed in Section 6.2(e) and receipt and
delivery quantities can be confirmed pursuant to Section 6.3(a) of the
General Terms and Conditions.
(b) A Customer seeking to nominate quantities under any applicable
Service Agreement, or under any individual Appendix A of a combined Service
Agreement that must be nominated and allocated separately, shall furnish to
Seller, for each such Service Agreement or individual Appendix A (i) a
Nominated Daily Withdrawal Quantity to be delivered by Seller to or for
Customer at the applicable delivery point on Seller's system, and (ii) a
Nominated Daily Injection Quantity to be tendered to Seller at each
applicable receipt point on Seller's system. Customer’s Nominated Daily
Injection Quantity shall include additional quantities of gas as required
for Retainage. Customer's Nominated Daily Withdrawal Quantity and Nominated
Daily Injection Quantity collectively are referred to as Customer's
"nominations".