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. 83 Original Sheet No. 83 : Effective
GENERAL TERMS AND CONDITIONS (Cont'd)
6.6 Monitoring.
(a) Seller may monitor: (i) the daily tenders of gas by or on behalf
of any Customer; and (ii) the quantities delivered by any entity that
receives Customer's gas from Seller to Customer. Seller may do so for the
purpose of monitoring on an hourly, daily, weekly, or monthly basis the
quantities being tendered to and delivered by Seller and thereby to
maintain, as nearly as possible, a concurrent balance between receipts and
deliveries of gas. The approximate quantities determined by Seller in that
monitoring process shall be referred to herein as Monitored Quantities.
(b) Monitoring may be performed by Seller using either the estimates
or actual data received by Seller pursuant to this Section or actual meter
readings by Seller. Seller may make reasonable prospective adjustments to
Customer's Scheduled Daily Delivery Quantity and Scheduled Daily Receipt
Quantity based upon either the Monitored Quantities or the actual data
received by Seller pursuant to the provisions of this Section. Any such
adjustments by Seller shall not result in Customer's incurrence of any
penalty if Seller, in making such adjustment, relied upon inaccurate
estimates, inaccurate meter readings, or inaccurate data received by Seller
pursuant to this Section. Seller may make such adjustments upon Electronic
Notice Delivery or telephonic notice to Customer 24 hours in advance of the
effective time of the adjustment (or, in the case of intra-day changes in
nominations, upon reasonable notice to the Customer being bumped); provided,
however, that Seller need not provide any advance notice in the event of
adjustments resulting from: (i) interruptions of Customer's service
pursuant to Section 16 (Interruptions of Service) of the General Terms and
Conditions; or (ii) operational flow orders issued by Seller pursuant to
Section 17 (Operational Flow Orders) of the General Terms and Conditions.
Seller need not provide any advance notice of interruptions or OFOs except
as provided for in Sections 16 and 17, respectively. Seller also shall have
the right to notify any entity described at paragraph (c) of this section of
the revised Scheduled Daily Quantities it will accept on behalf of Customer.