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. 363 Fourth Revised Sheet No. 363
Superseding: Third Revised Sheet No. 363
GENERAL TERMS AND CONDITIONS (Continued)
(c) [Reserved for Future Use]
(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 storage rights hereunder or of
any Bidder to accept storage rights hereunder. Transporter
undertakes no obligation to any party by its posting of any
information pursuant to this Section 18 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 Trading Partner Agreement entered into between
Transporter and each user of its System.
18.5 Bidding for Storage Rights
(a) Persons that desire to bid on released storage rights or
confirm pre-arranged releases must pre-qualify with
Transporter by entering into a Released Storage 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 Shippers in 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 Storage Service
Agreement prior to the commencement of service to the
Replacement Shipper.
(b) Pre-qualified Bidders may submit Bids during the Bidding
Period applicable to a Release Request. All bids must be
submitted via LINK®. In transmitting a bid, Bidders
recognize that such bid will be accessible by other Bidders
via LINK®; however, LINK® will identify bids by bid number
and the name of the Bidder will not be posted.
(c) Bidding will be an iterative process in that a Bidder may
submit any number of Bids during the Bidding Period;
provided that each new submission of a Bid effects the
withdrawal of the previous one such that a Bidder may not
have more than one Bid in contention for the capacity at the
same time. If a Bidder withdraws its Bid and resubmits a
new Bid, such new Bid must be at a higher rate. A Bidder
retains the right to withdraw its Bid by resubmitting a new
bid or with written or electronic notice of withdrawal,
until the close of the Bidding Period at which time such Bid
shall become binding.