Clear Creek Storage Company, LLC
Original Volume No. 1
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Effective Date: 03/31/2003, Docket: RP03-266-000, Status: Effective
First Revised Sheet No. 47 First Revised Sheet No. 47 : Effective
Superseding: Original Sheet No. 47
GENERAL TERMS AND CONDITIONS
(Continued)
6.3 The capacity will be made available on a
nondiscriminatory basis and may be acquired through the
bidding process described in Section 4.6 of these General
Terms and Conditions.
6.4 A Customer desiring to acquire the available
storage capacity shall place a bid with Clear Creek, through
facsimile transmission, or via its interactive Internet web
site, during the applicable bid period. The bid shall be
binding when received by Clear Creek and may not be
withdrawn by the bidding Customer. Customer's bid must
include all information required by Section 3.2 of these
General Terms and Conditions. Clear Creek shall not be
obligated to accept any bid for the available capacity at
less than the maximum applicable tariff rate or for a term
greater than the term posted in Customer's notification to
Clear Creek.
6.5 Clear Creek shall provide to the existing Customer,
within five Business Days of the date bidding ends,
information regarding the bid with the greatest economic
value. A Customer exercising its right of first refusal must
match the highest bid according to Section 3.4. The existing
Customer shall have five days from the date notified to
inform Clear Creek that it agrees to match the bid. If the
existing Customer elects to match the terms of price and
duration of the bid with the greatest economic value, Clear
Creek shall contract with the existing Customer. If the
existing Customer does not elect to match the terms of such
bid, Clear Creek will contract with the Customer whose bid
provided the greatest economic value for the storage
capacity according to the terms and conditions of this
tariff.