East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

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Effective Date: 03/01/2009, Docket: RP08-487-002, Status: Effective

Fifth Revised Sheet No. 340 Fifth Revised Sheet No. 340

Superseding: Substitute Fourth Revised Sheet No. 340

 

GENERAL TERMS AND CONDITIONS (Continued)

 

(e) the reservation rates and all other applicable rates, charges, and

surcharges for the released transportation, including any applicable

minimum rate(s). For purposes of bidding and awarding, any maximum and/or

minimum rates specified by Releasing Shipper shall include the tariff

reservation rate and all demand surcharges, specified as a total number or

as stated separately. For releases that become effective on or after July

30, 2008, the maximum and/or minimum rates specified by Releasing Shipper

may exceed the maximum tariff rate for the applicable service if (i) the

term of the proposed release is one (1) year or less, and (ii) the

effective date of the proposed release is on or before one (1) year from

the date on which Transporter is notified of the release.

 

(f) whether the transportation rights are to be subject to recall or reput, and

if so, (1) whether the recall rights are on a full Day or a partial Day

basis, (2) whether the Releasing Shipper's recall notification must be

provided exclusively on a Business Day, and (3) any reput methods and

rights associated with returning the previously recalled capacity to the

Replacement Shipper. These rights and methods may be either: (i) reput

must be accepted by the original Replacement Shipper for the original terms

of the release, or (ii) reput may be accepted at the option of the original

Replacement Shipper for the original terms of the release.

 

(g) 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 Shipper elects to allow the Bidder additional time beyond the

time period specified in Section 17.6 to satisfy or eliminate the

contingency;

 

(h) [Reserved for Future Use]

 

(i) whether bids based on a volumetric rate will be accepted and any special

conditions associated with release on a volumetric basis including any

minimum volumetric commitment expressed as a quantity or as a percentage;

 

(j) for biddable releases, the objective, non-discriminatory bid evaluation

method that Releasing Shipper desires to use to determine the award of

released transportation rights, as well as the Tie Break Method that

Transporter will apply to award capacity among multiple bids that yield the

same value; however, if Releasing Shipper specifies a bid evaluation

methodology other than the standard methods of highest rate, net revenue or

present value, such alternative bid evaluation method, which may include,

but is not limited to, the application of the Risk of Default Factor as set

forth in Section 5.8(a)(7), must be set forth with sufficient specificity

that Transporter'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 Transporter;

 

(k) whether the Releasing Shipper has made prior arrangements with a Shipper to

release to such Shipper such transportation rights ("Pre-arranged Bidder").

In such event, the Releasing Shipper additionally shall submit:

 

i) the identity of the Pre-arranged Bidder; and

 

ii) the term, Release Quantity, and reservation and/or usage rates and

all other applicable rates, charges, and surcharges to which the

Pre-arranged Bidder has agreed.

 

(l) the Business Day on which the period during which bids may be submitted

("Bid Period"), if the Releasing Shipper desires to establish a Bid Period

that is longer than that set forth in Section 17.6 hereof; Releasing

Shipper shall not be allowed to specify an extension of the original bid

period or the pre-arranged deal match period without posting a new release;