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. 366 Second Revised Sheet No. 366

Superseding: First Revised Sheet No. 366

 

GENERAL TERMS AND CONDITIONS (Continued)

 

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

identity of the winning Bidder as well as the identity of all Bidders on

the applicable Release Request.

 

(g) Prior to the commencement of service pursuant to a permanent release,

Transporter shall prepare and transmit to the successful Bidder a LNGS

Service Agreement stating the Maximum Daily LNGS Quantity and Winter

Season LNGS Quantity, rates, term, and the governing rate schedule.

Transporter shall send to the Releasing Shipper a revised Exhibit A to

Releasing Shipper's LNGS Agreement in the event of a permanent release of

a portion of the Maximum Daily LNGS Quantity. Releasing Shipper shall

sign and return to Transporter within three days of the date of its

transmittal either a new Exhibit A for a partial permanent release or a

request for termination of the LNGS Agreement for a permanent release of

the entire Maximum Daily LNGS Quantity. No permanent release shall

become effective until (i) the Releasing Shipper has signed and returned

either a new Exhibit A or a written request for termination, as

applicable, and (ii) the successful Bidder has executed the LNGS Service

Agreement.

 

(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.

 

18.8 [Reserved for Future Use]

 

18.9 Re-release of Capacity - A Replacement Shipper shall be allowed to release the

capacity acquired from a Releasing Shipper under its Released Storage Service

Agreement, provided that the original release was not volumetrically based,

unless specifically precluded by the Releasing Shipper in its Release Request.

 

18.10 Submission of Release Documents - Parties shall submit all necessary

information, Release Requests, bids and notices of withdrawal of bids and offers

to Transporter via the LINK® System.

 

18.11 Releases Permitted Without Prior Posting - Prior posting on the LINK® System and

competitive bidding will not be required if the proposed release qualifies under

this Section 18.11.

 

(a) Maximum Rate Pre-arranged Bidder: Prior posting on the LINK® System and

competitive bidding will not be required if a Prearranged Bidder has

agreed to Transporter's maximum applicable rate stated in the Release

Request and the term of the proposed capacity release is more than one

(1) year, provided that the Releasing Shipper provides Transporter with

the information specified in Section 18.2(a), (b), (c), (d), (e), (g),

(h), (l), (m), (n), (o), (p) and (q) of Transporter's General Terms and

Conditions.

 

(b) Asset Management Arrangement: Prior posting on the LINK® System and

competitive bidding will not be required if the proposed capacity release

is to an asset manager, as defined in Section 284.8(h)(3) of the

Commission's regulations, regardless of the term of the proposed capacity

release.

 

(c) Retail Access Program: Prior posting on the LINK® System and competitive

bidding will not be required if the proposed capacity release is to a

marketer participating in a state-mandated retail access program, as

defined in Section 284.8(h)(4) of the Commission's regulations,

regardless of the term of the proposed capacity release.