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;