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

Fourth Revised Sheet No. 348 Fourth Revised Sheet No. 348

Superseding: Third Revised Sheet No. 348

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

(e) If only one Bidder has submitted a Bid that reflects the highest value as

determined by the bid evaluation method specified in the Releasing

Shipper's Release Request, the released transportation on Transporter's

system shall be awarded to that Bidder, subject to any Pre-arranged

Bidder's exercise of its matching rights as set forth in Section

17.7(d)(ii) above. However, Transporter shall not award capacity release

offers to the Bidder until and unless the Bidder meets Transporter's

creditworthiness requirements applicable to all services that it receives

from Transporter, including the service represented by the capacity

release.

 

(f) If two or more Bidders have submitted Bids that each reflect the highest

value as determined by the bid evaluation method specified in the Releasing

Shipper's Release Request, then, subject to any Pre-arranged Bidder's

exercise of its matching rights, the released capacity will be awarded

according to the method specified by the Releasing Shipper in the Release

Request ("Tie Break Method") as a means for awarding the released capacity

between two or more equal bids. However, Transporter shall not award

capacity release offers to the Bidder until and unless the Bidder meets

Transporter's creditworthiness requirements applicable to all services that

it receives from Transporter, including the service represented by the

capacity release. In the event that both a contingent bid and a non-

contingent bid meet the minimum conditions stated in Section 17.2 above and

generate the "best bid", Transporter shall reject the contingent bid, even

if the bid with no contingency was received later in time.

 

(g) If the winning bid is a contingent bid, the Bidder that submitted such

contingent bid will be required to satisfy or eliminate any contingency in

accordance with the capacity release timeline set forth in Section 17.6(a)

or in the Releasing Shipper's Request, as applicable, and shall confirm to

Transporter via e-mail to link-help@spectraenergy.com that the contingency

has been satisfied or eliminated. In the event that such Bidder fails to

satisfy or eliminate its contingency pursuant to this subsection (g), the

capacity will be awarded to the next highest Bidder(s) as determined

pursuant to this Section 17.7.

 

(h) In the event that Pre-arranged Bidder desires to exercise its right to

match the "best bid," Pre-arranged Bidder must notify Transporter via the

LINK® System.

 

(i) For informational purposes only, Transporter shall post on LINK® the name

of the winning Bidder and the terms of the successful bid, as well as the

terms for the unsuccessful bid(s) for the applicable Release Request.

 

(j) NAESB WGQ Standard 5.3.9 states: If the transportation service provider

requires amendments for each release, the transportation service provider

should automate the process of amending contracts and this may be the

subject of a global agreement between the parties. Therefore, pursuant to

this NAESB WGQ standard, prior to the commencement of service pursuant to a

temporary release, Transporter shall prepare and transmit to the successful

Bidder an Exhibit "R-1" to its Released Transportation Service Agreement

stating the Released Maximum Daily Transportation Quantity, rates, term,

Maximum Daily Receipt Obligation at all Primary Receipt Points and Maximum

Daily Delivery Obligation at all Primary Delivery Points, governing rate

schedule, and any special terms and conditions for each awarded release. A

Replacement Shipper that subsequently obtains additional transportation

rights by