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. 182 Original Sheet No. 182 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont’d)

 

(a) Current Retainage Percentage Component. In each Annual and

Periodic RAM Filing, Seller shall calculate the Current Retainage Percentage

by (i) estimating the total company-use, lost, and unaccounted-for

quantities required during the 12-month period commencing with the effective

date of Seller's RAM filing (Current Retainage Quantities) and (ii) dividing

that volumetric figure by the total quantities estimated by Seller to be

injected under the applicable Rate Schedules during the same 12-month period

commencing with the effective date of the RAM filing (Current Rate Schedule

Quantities).

 

(b) Unrecovered Retainage Percentage Component. In each Annual RAM

Filing, Seller shall calculate the Unrecovered Retainage Percentage by:

(i) determining the company-use, lost, and unaccounted-for quantities for

the preceding calendar year (Preceding Annual Period); (ii) subtracting the

Retainage quantities retained by Seller during that Preceding Annual Period;

and (iii) dividing the result (the Unrecovered Retainage Quantities),

whether positive or negative, by the Current Rate Schedule Quantities for

the 12-month period commencing on the effective date of that Annual RAM

filing.

 

(c) In each Annual or Periodic RAM Filing, Seller shall add (i) the

Current Retainage Percentage established in that filing, as calculated in

accordance with paragraph (a) above, and (ii) the Unrecovered Retainage

Percentage established in the currently effective Annual RAM Filing (whether

a positive figure reflecting an underrecovery or a negative figure

reflecting an overrecovery), as calculated in accordance with paragraph (b)

above. The resulting total Retainage percentage shall be effective until

the effective date of Seller's next succeeding RAM Filing.

 

33.5 Termination.

 

(a) If the provisions of this Section are terminated or otherwise

rendered inapplicable (termination), Customers from the effective date of

Seller's most recent RAM filing through the date of termination (the

Termination Period) shall remain liable for any Unrecovered Retainage

Quantities. Seller shall remain liable to such Customers for any excess

quantities retained.

 

(b) Any positive or negative balance in Seller's Unrecovered

Retainage Quantities account at the date of termination (i) shall be

allocated to any successor services offered by Seller, or (ii) if no

successor services are offered by Seller, shall be charged to Customers

based on the actual quantities injected during the Termination Period.