Honeoye Storage Corporation
Original Volume No. 1A
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Effective Date: 02/21/2009, Docket: RP09-263-000, Status: Effective
Second Revised Sheet No. 20 Second Revised Sheet No. 20 : Pending
Superseding: First Revised Sheet No. 20
amounts received from the Replacement Customer in Seller's next monthly bill to
the Releasing Customer.
7. 5 MARKETING FEE. Seller may negotiate with Releasing Customer to market all
or a portion of the released capacity to potential Replacement Customers who, as
a result of such marketing activity, bid for such capacity during the competitive
bidding procedure. If Seller, contracts with a Replacement Customer found by
Seller, Seller, with the agreement of Releasing Customer, shall be entitled to a
marketing fee which will be negotiated between Seller and Releasing Customer.
The basis and method of assessing such fee shall be subject to negotiations
between Seller and Releasing Customer. Each Replacement Customer found by
Seller, pursuant to Seller’s agreement with Releasing Customer concerning a
marketing fee, shall submit with its bid a statement attesting to Seller’s marketing
efforts, which efforts shall consist of more than the simple posting of a notice on
Seller’s EBB, in connection with such Replacement Customer’s decision to
purchase released capacity. Such statement shall constitute conclusive evidence
of Seller’s proactive marketing effort entitling Seller to a marketing fee.
7.6 TERM. Any release under this Section 7 for service under Rate Schedule FSS
shall be for a maximum term not longer than the remaining term of the underlying
FSS Service Agreement. If capacity is released and the Replacement Customer
takes service under Rate Schedule FSS, the minimum term shall be one month.
7.7 RELEASING CUSTOMER’S INJECTION/WITHDRAWAL CHARGES.
Releasing Customers’ pricing provisions of any offer to release pursuant to
Section 7.1 hereof must include Releasing customers’ currently effective Injection
Rate, Withdrawal Rate, Overrun Injection Rate and Overrun Withdrawal Rate and
Fuel Use/Loss Charge.
7.8 VOLUMETRIC RELEASE. Customer may release capacity on a volumetric
basis, provided that:
(a) all requirements and conditions of the release be specified by the
Releasing Customer in the release notice, including any minimum storage volume requirement,