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. 244 Original Sheet No. 244 : Effective
OPERATIONAL BALANCING AGREEMENT (Cont’d)
2.4 The actual MMBtu at the Interconnection Point each month will be
determined and the actual Monthly Operational Imbalance communicated by the
allocating Party to the other Party in writing as soon as possible, but in no
case later than the fifteenth day of the month following the month in which
the actual Monthly Operational Imbalances arises. The Parties shall correct
any actual Monthly Operational Imbalance by the end of the month within which
the actual Monthly Operational Imbalance is determined, or within such longer
period of time as may be agreed to by the Parties. Deliveries of gas to
correct actual Monthly Operational Imbalances may be made between the parties
at the Interconnection Point set forth on Exhibit A, or at any other point of
interconnection between the respective facilities of the Parties as may be
mutually agreed to by the Parties.
2.5 Any gas volumes received and delivered to correct an Operational
Imbalance shall be adjusted for variations in Btu content in accordance with
the applicable provisions of the FERC Gas Tariff of the Party which received
the gas. Measurement of gas for all purposes hereunder shall be in
accordance with the provisions set forth in the measuring Party's then
effective FERC Gas Tariff.
2.6 In the event that a capacity constraint occurs on either Party's
system which results in curtailment of deliveries through an Interconnection
Point, the Party on whose system the constraint has occurred shall determine
the appropriate reallocation of quantities due to curtailment pursuant to the
provisions of Article I. If the constraint occurs at the Interconnection
Point, the Party which owns the meter at the Interconnection Point shall be
deemed to have the constraint on its system.
ARTICLE III
TERM
3.1 This Agreement shall be effective and the procedures set forth in
this Agreement shall be implemented as of the day and year first above
written, and shall continue in effect month-to-month thereafter; provided,
however that either Party may terminate this Agreement at any time by giving
forty-eight (48) hours prior written notice of termination to the other
Party, to be effective at the end of the month of such notification.