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