Hardy Storage Company, LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective
Original Sheet No. 118 Original Sheet No. 118 : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
14.7 Recall; Reassignment of Assigned Service Rights.
(a) Agreements Subject to Recall. Releasors shall be permitted to
specify as a condition for releasing capacity the right to recall that
assigned capacity upon notice to Seller and to Replacement Customer. Any
such recall provision must be included in the Release Notice originally
submitted by Releasor and in the Assignment Agreement executed following
assignment of the capacity. The Release Notice and the Assignment Agreement
governing the assigned capacity shall clearly state (i) the frequency with
which Releasor may recall any released capacity, (ii) the maximum duration of
any such recall, (iii) whether and under what conditions any right of first
refusal held by Releasor is transferred to Replacement Customer, and (iv)
such other terms as Releasor may specify. Replacement Customer shall be
permitted to make secondary assignments of all or any part of the capacity,
unless prohibited by the Releasor, contained in its Assignment Agreement that
is subject to Releasor's right to recall, provided, however, that such
assignments shall not vary the recall provisions contained in the original
assignment.
(b) Replacement Customer Release. A Replacement Customer that
desires to release some or all of its assigned capacity (Replacement
Customer/Secondary Releasor) may release and reassign all or a portion of the
assigned capacity to other parties (Secondary Replacement Customers) subject
to the requirements set forth in paragraph (a) immediately above. Any such
reassignment must satisfy all of the posting, bidding and notice requirements
set forth in this Section, and any Secondary Replacement Customer must
satisfy all of the creditworthiness and other requirements set forth in this
Section. No limitation unless required by the Releasor shall be placed on
the number of times service rights that are not subject to recall may be
reassigned, provided, however, that a Replacement Customer/Secondary Releasor
may not assign rights any greater than the rights it received pursuant to the
earlier assignment, and may not place any unreasonable or discriminatory
conditions on such assignments.
(c) For all released capacity subject to recall rights, the following
recall notification periods shall apply: