East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 05/21/2009, Docket: RP09-528-000, Status: Effective
Third Revised Sheet No. 319 Third Revised Sheet No. 319
Superseding: Second Revised Sheet No. 319
GENERAL TERMS AND CONDITIONS (Continued)
(iii) maximum reservation charge as set forth in the
Summary of Rates and Charges in Transporter's
FERC Gas Tariff;
(iv) any applicable restrictions; and
(v) the last day of the Bidding Period.
(2) Upon conclusion of the Bidding Period, Transporter
shall evaluate the bids in accord with the present
value formula set forth in Section 17.7(b) for firm
transportation or Section 18.7(b) for LNGS service for
the evaluation of bids under Transporter's capacity
release mechanisms; provided that the term used for
purposes of the formula will be the term proposed by
the Bidder; and provided further that any bid rate
higher than the maximum applicable rate shall be
deemed to be a bid equal to the maximum applicable
rate.
(3) Within 5 days of the close of the Bidding Period,
Transporter shall notify Shipper of the bid having the
highest present value to Transporter ("Highest Bid").
Shipper shall have 25 days after receiving notice to
notify Transporter as to whether it will match the
highest bid. If the Shipper elects to match the
highest bid, prior to the termination of its existing
long term firm service agreement, it must execute a
new service agreement that contains the terms of that
Bid; provided, however, that Shipper shall not be
required to pay any rate higher than the maximum
applicable rate.
(4) If Transporter receives no bids on the capacity, then
Shipper may continue to receive service at the maximum
rate on a month-to-month basis or such other rate
and/or term as Transporter and Shipper mutually agree.
A Shipper who continues service under such basis shall
retain its right of first refusal.