Egan Hub Storage, LLC
First Revised Volume No. 1
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Effective Date: 01/01/2009, Docket: RP09-77-000, Status: Effective
Second Revised Sheet No. 118 Second Revised Sheet No. 118
Superseding: First Revised Sheet No. 118
GENERAL TERMS AND CONDITIONS
(Continued)
4.7 Best Bid. When Egan Hub makes awards of capacity for which there have been
multiple bids meeting minimum conditions, Egan Hub shall award the bids, best bid first, until
all offered capacity is awarded; provided, however, that in the event that both a contingent
bid and a non-contingent bid meet the minimum conditions stated in Section 4.1(l) above and
generate the "best bid," Egan Hub shall reject the contingent bid, even if the bid with no
contingency was received later in time. The capacity being awarded represents the Maximum
Daily Delivery Quantity, Maximum Daily Injection Quantity, Maximum Daily Receipt Quantity,
Maximum Daily Withdrawal Quantity, and Maximum Storage Quantity. These quantities are separate
parts of the capacity and are awarded until one of the quantities is fully awarded, at which
point all capacity is deemed to be fully awarded. Egan Hub shall evaluate and determine the
best bid among those otherwise consistent with any terms and conditions specified by the
Releasing Customer as follows:
(a) Egan Hub shall apply the standard or criteria for such determination
specified by the Releasing Customer, including the standard to be used for breaking ties. Any
standard or criteria so specified must be objective, economic, not unduly discriminatory, not
contrary to applicable provisions of this FERC Gas Tariff, applicable to all potential
Replacement Customers and require Egan Hub in applying such standard to exercise no more than a
ministerial function. The Releasing Customer shall indemnify and hold Egan Hub harmless from
and against all demands, losses, claims, expenses, causes of action and/or damages suffered or
incurred by Egan Hub arising out of or related to any determination of a "best bid" pursuant to
a standard specified, supplied, approved or provided by Releasing Customer.
(b) Egan Hub shall evaluate bids in accordance with the bid evaluation method
identified, pursuant to Section 4.1(f) of these General Terms and Conditions, in the Releasing
Customer's offer to release capacity.
(1) If there is only one valid bid, Egan Hub shall award the capacity to
the bidder that submitted such bid, subject to any Prearranged Customer's exercise of its
matching rights.
(2) If there is more than one valid bid, then, subject to any
Prearranged Customer's exercise of its matching rights, Egan Hub shall award the capacity to
the bidder whose bid yields the highest value based on the bid evaluation method specified in
the Releasing Customer's offer to release capacity, taking into account the price, volume and
term of the bid, as applicable. If more than one bid yields the same value under this
subsection (2), Egan Hub shall award the capacity according to the method specified in the
Releasing Customer's offer to release capacity as a means for awarding the released capacity
among multiple equal bids ("Tie Break Method").