Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 05/24/2010, Docket: RP10-628-000, Status: Effective

Fifth Revised Sheet No. 112 Fifth Revised Sheet No. 112

Superseding: Fourth Revised Sheet No. 112

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(d) The proposed effective date and term of the release;

 

(e) The identity of any Prearranged Customer;

 

(f) For biddable releases, the method to be applied in evaluating bids,

allocating capacity and breaking ties, as described in Section 4.6 below; provided, however,

if the Releasing Customer specifies a bid evaluation methodology other than the standard

methods of highest rate, net revenue or present value, such alternative bid evaluation method

must be set forth with sufficient specificity that Egan Hub's evaluation of the bids to

determine the "best bid" is a purely ministerial matter that does not require any discretionary

exercise of judgment by Egan Hub. In addition, Releasing Customer must specify the Tie Break

Method that Egan Hub will apply to award capacity among multiple bids that yield the same

value;

 

(g) whether, to what extent, and the conditions pursuant to which capacity will

be subject to recall for a full Day or a partial Day; and if recallable, (1) whether the

Releasing Customer's recall notification must be provided exclusively on a Business Day, and

(2) any reput methods and rights associated with returning the previously released capacity to

the Replacement Customer. These rights and methods may be either: (i) reput must be accepted

by the original Replacement Customer for the original terms of the release, or (ii) reput may

be accepted at the option of the original Replacement Customer for the original terms of the

release;

 

(h) whether bids on a volumetric rate basis may be submitted, and, if so, the

method for evaluating any such bids, and any other special conditions;

 

(i) whether contingent bids may be submitted, and, if so, the date by which

each contingent bidder will be required to satisfy or eliminate the contingency if Releasing

Customer elects to allow the bidder additional time beyond the time period specified in Section

4.3(a) to satisfy or eliminate the contingency;

 

(j) any extensions of the minimum posting/bid periods;

 

(k) whether Releasing Customer desires to utilize the first-come, first-served

option for short-term releases described in Section 4.6 below and any minimum terms applicable

thereto;

 

(l) other special terms and conditions Customer imposes on the release of its

capacity, including, but not limited to, minimum rates, term and quantity Releasing Customer

may elect not to reveal minimum conditions to anyone other than Egan Hub;

 

(m) whether to specify dollars and cents or percents of maximum tariff rate in

the denomination of bids. All transportation service providers should support this. Once the

choice is made, the bids shall comport with the choice;

 

(n) for purposes of bidding and awarding, maximum/minimum rates specified by

the Releasing Customer shall include the tariff reservation rate and all demand surcharges, as

a total number or as stated separately;

 

(o) whether the release is on a permanent or a temporary basis;

 

(p) an e-mail address for the Releasing Customer contact person. It is the

Releasing Customer's responsibility to update e-mail address information provided to Egan Hub

as necessary.

 

(q) the recall notification period(s), as identified in Section 4.13(e) below,

that will be available for use by the parties;