Steckman Ridge, LP
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective
Original Sheet No. 246 Original Sheet No. 246
GENERAL TERMS AND CONDITIONS
(Continued)
5. CAPACITY RELEASE (continued)
5.15 Steckman Ridge's Rights to Terminate Temporary Capacity Releases.
(a) In the event of a temporary release for which (1) Steckman
Ridge has given notice of termination of the Releasing
Customer's contract because the Releasing Customer no longer
satisfies Steckman Ridge's credit requirements as outlined
in Section 4 of the General Terms and Conditions and (2) the
Storage Reservation Charge specified in the effective
Addendum to the Replacement Customer's Capacity Release
Umbrella Agreement is less than the level of the Storage
Reservation Charge which the Releasing Customer was
obligated to pay Steckman Ridge, then Steckman Ridge shall
be entitled to terminate the Addendum, upon 30 Days' written
notice to the Replacement Customer, unless the Replacement
Customer agrees prior to the end of said 30-Day notice
period to pay for the remainder of the term of the Addendum
either (i) the reservation and commodity charges at levels
which the Releasing Customer was obligated to pay Steckman
Ridge, or (ii) such rate as mutually agreed to by Steckman
Ridge and Replacement Customer. Customer may elect to pay
the lesser of the two foregoing options. Steckman Ridge's
right to terminate the Addendum is subject to Steckman Ridge
providing written notice of termination to the Replacement
Customer within 60 Days of the determination by Steckman
Ridge that the Releasing Customer no longer satisfies
Steckman Ridge's credit requirements. Termination of the
Addendum shall not occur prior to termination of Releasing
Customer's contract.
(b) In the event that a Customer has received 30 Days' notice of
termination of the Addendum to Customer's Capacity Release
Umbrella Agreement pursuant to Section 5.15(a) above for
storage service and there is Gas in storage for Customer's
account at the end of such 30-Day period, the Addendum shall
continue in force and effect for the sole purpose of
withdrawal of said Gas by Customer until Customer's Storage
Inventory is zero. Steckman Ridge shall require Customer to
withdraw each Gas Day a quantity equal to the MDWQ, or such
other lesser quantity acceptable to Steckman Ridge. The
requirement to withdraw storage quantities shall be
suspended on any Gas Day to the extent that Steckman Ridge
cannot accommodate a nomination to withdraw such storage
quantities on such Gas Day. Customer may also transfer
title of Gas remaining in Customer's Storage Inventory to
another Customer pursuant to Section 15 of these General
Terms and Conditions. In the event Customer fails to
withdraw its entire Storage Inventory as required by this
section, Steckman Ridge shall auction any remaining Storage
Inventory pursuant to the timeline specified in Section 18
of these General Terms and Conditions, and shall remit the
proceeds of such auction to Customer, less Storage
Reservation Charges for the period from the first day
following the termination date until the inventory is sold
to the highest bidder and any applicable Fuel Reimbursement
charges, Storage Withdrawal Charges and any administrative
costs incurred by Steckman Ridge to conduct the auction.
The Storage Reservation Charges shall be calculated by
multiplying the Storage Reservation Charge rate in effect on
the termination date of the Firm Storage Service Agreement
by the quantity of Gas sold at auction.