Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 07/06/2007, Docket: RP07-480-000, Status: Effective
Original Sheet No. 93E Original Sheet No. 93E : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
(d) Notwithstanding the foregoing requirements, if Seller
constructs new facilities to accommodate a Customer, Seller may require
credit assurance in an amount up to Customer’s proportionate share of
the cost of the new facilities. This credit assurance may be requested
at any time before or after the in-service date of the facilities, to
the extent mutually agreed to as a condition of the construction. As
Seller recovers the cost of these facilities through its rates, the
credit assurance required will be reduced accordingly. Specifically,
any credit assurance provided by a Customer related to new facilities
shall be returned to that Customer in equal monthly amounts over the
term of its Service Agreement for service related to the new facilities
or as otherwise mutually agreed upon by Seller and Customer. This
requirement is in addition to and shall not supersede or replace any
other rights that Seller may have regarding the construction of and
reimbursement for facilities.
If Customer defaults and Seller terminates service to Customer, then
Seller shall draw upon and retain such collateral as necessary to
reimburse Seller for the unamortized cost of the facilities constructed
for Customer. The capacity underlying any terminated Service Agreement
shall be made available pursuant to Section 4 of these General Terms
and Conditions. Within 60 days of the capacity being made available,
to the extent such capacity has been awarded, the credit assurance
retained by Seller from the original Customer shall be reduced to an
amount equal to the net present value of that portion of the future
reservation charge revenues of the original Customer that would have
been attributed to the cost of those facilities less the net present
value of that portion of the future reservation charge revenues of the
newly awarded Customer that may be attributed to the cost of the
facilities.