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withdrawn by the bidding Customer.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.