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.