Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 02/26/2009, Docket: RP09-274-000, Status: Effective
First Revised Sheet No. 111 First Revised Sheet No. 111
Superseding: Original Sheet No. 111
GENERAL TERMS AND CONDITIONS (Cont'd)
14.2 Posting.
Posting of Release Notices on Seller's EBB shall be complete and subject
to the conditions and exceptions set forth below.
(a) Posting for purposes of inviting bids shall not be required
for (i) prepackaged arrangements Releasor has arranged with a designated
Replacement Customer for a period of 31 days or less; (ii) prepackaged
arrangements for more than one (1) year that Releasor has arranged with a
designated Replacement Customer under which the designated Replacement
Customer agrees to pay the maximum reservation charge and commodity rate, and
applicable surcharges, and meets all requirements set forth in this Tariff;
(iii), releases to an asset manager, as defined in Section 284.8 of the
Commission's regulations; or (iv) releases to a marketer participating in a
state-regulated retail access program as defined in Section 284.8 of the
Commission's regulations (collectively "exempt transactions"). There shall be
no maximum price cap for pre-packaged arrangements of one (1) year or less in
length. Pre-packaged arrangements for more than 31 days but one (1) year or
less in length are not exempt transactions under this Section 14.2(a). For
cross-month releases, the maximum duration for eligibility as an exempt
transaction under part (i) above shall be 31 days. The rate received by
Releasor under prearranged transactions of more than one (1) year that are
exempt from the ordinary posting and competitive bidding procedures set forth
in this Section 14 must not exceed the maximum rate.
(b) Notice to Seller; Informational Posting. For any exempt
transaction, as described in paragraph (a) immediately above, Releasor shall
provide Seller, for Service Agreement execution purposes, and shall post on
Seller's EBB in accordance with the Capacity Release timeline under Section
14.(c) above: (i) the information required for a Release Notice; (ii) the
price and term of the assignment; (iii) the identity of the Replacement
Customer; and (iv) for releases to an asset manger (as defined in Section
284.8 of the Commission's regulations), the asset manager's delivery
obligation to Releasor. Releasor may post such exempt transactions at any
time. Seller shall issue an Assignment Agreement within one (1) hour of such
posting and shall allow nominations under such Assignment Agreement in the
next available nomination cycle, as specified in Section 6.2(e) of the General
Terms and Conditions. In the event Customer has not executed the Assignment
Agreement prior to making its nomination, Customer shall be deemed to have
executed the Assignment Agreement with Seller pursuant to which the nomination
is being made.