East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 01/01/2009, Docket: RP09-76-000, Status: Effective
Fifth Revised Sheet No. 342 Fifth Revised Sheet No. 342
Superseding: Fourth Revised Sheet No. 342
GENERAL TERMS AND CONDITIONS (Continued)
17.4 Posting of Release and Replacement Requests
(a) Releasing Shipper shall submit all applicable information required by
Section 17.2 hereof, via the LINK® System, which shall automatically assign
an individual release number to the Release Request. Transporter shall post
offers and bids, including prearranged deals, upon receipt; provided,
however, offers and bids must be complete before posting. Only posted
offers and bids will be available electronically. If a Releasing Shipper
requests a later posting time, Transporter shall support such request
insofar as it comports with the standard timeline set forth in Section 17.6
below; however, Transporter shall not post any minimum conditions that
Releasing Shipper has elected not to disclose. The period of time for
Transporter's posting of the information ("Posting Period"), and the period
of time during which bids will be received on such Release Request ("Bidding
Period"), shall be set forth in Section 17.6.
(b) [Reserved for Future Use]
(c) A Releasing Shipper may withdraw its Release Request, by written or
electronic notice of withdrawal, up to the close of the applicable Bidding
Period where unanticipated circumstances justify and no minimum bid has
been submitted. The reason for the withdrawal must be submitted to
Transporter for posting on the LINK® System.
(d) Transporter makes no representation or warranty to any party concerning the
accuracy or completeness of any posted information or concerning the
willingness or ability of any Releasing Shipper to release transportation
rights hereunder or of any Bidder to accept transportation rights
hereunder. Transporter undertakes no obligation to any party by its
posting of any information pursuant to this Section 17 and Transporter
shall not be liable to any party for any damages, of any nature whatsoever,
including without limitation any special, incidental or consequential
damages, or any other kind that may arise in connection with the posting of
information hereunder, except as provided in the LINK® System Agreement or
the Trading Partner Agreement entered into between Transporter and each
user of its System.
17.5 Bidding on Transportation Rights
(a) Persons that desire to bid on released transportation or confirm pre-
arranged releases must pre-qualify with Transporter by entering into a
Released Transportation Service Agreement with Transporter and by
demonstrating creditworthiness, in the same manner and subject to the same
standards and procedures as required for firm Shippers under Section 6 of
Transporter's General Terms and Conditions. The creditworthiness
requirement shall be continuing in nature in the same manner and to the
same extent as prescribed for firm Shippers under Section 6 of
Transporter's General Terms and Conditions. Transporter will waive the
creditworthiness requirement on a non-discriminatory basis for Bidders on a
Release Request, and permit them to submit bids or confirm pre-arranged
releases, if the Releasing Shipper provides Transporter with a guarantee
satisfactory to Transporter of all financial obligations of the Replacement
Shipper under its Released Transportation Service Agreement prior to the
commencement of service to the Replacement Shipper.