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

Second Revised Sheet No. 361 Second Revised Sheet No. 361

Superseding: First Revised Sheet No. 361

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

(e) whether the storage 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.

 

(f) for biddable releases, the objective, non-discriminatory bid

evaluation method that Releasing Shipper desires to use to

determine the award of released storage 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 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;

 

(g) whether the Releasing Shipper has made prior arrangements

with a person to release to such person such storage 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, released Maximum Daily LNGS Quantity, Winter

Season LNGS Quantity, and reservation rates and all

other applicable rates, charges, and surcharges to

which the Pre-arranged Bidder has agreed.

 

(h) whether bids should be submitted in dollars and cents or

percentage of the maximum tariff rate; once the choice is

made by the Releasing Shipper, all bids must comport with

this choice;

 

(i) 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 18.6 to satisfy or eliminate the

contingency;

 

(j) the Business Day on which the period during which bids may

be submitted ("Bid Period") will expire, if the Releasing

Shipper desires to establish a Bid Period that is longer

than that set forth in Section 18.6 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;