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".