Equitrans, L. P.

Original Volume No. 1

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Effective Date: 05/16/2010, Docket: RP10-616-000, Status: Effective

Third Revised Sheet No. 278 Third Revised Sheet No. 278

Superseding: Second Revised Sheet No. 278

 

GENERAL TERMS AND CONDITIONS (Continued)

 

(iii) If more than one valid bid is received and none

offers the maximum applicable rate for the maximum

term, Equitrans will award the capacity to the bid

offering the maximum revenue over the minimum term of

the release.

 

(iv) If two or more equal bids are received, Equitrans

will award the capacity on the basis of the tie-

breaker criteria provided by the Releasing Customer.

If no tie-breaker criteria are provided by the

Releasing Customer then capacity will be awarded on

the basis of a lottery. The lottery will be

conducted by Equitrans in a nondiscriminatory manner

and capacity shall be awarded on the basis of an

all or nothing draw.

 

b. Posting of Awarded Capacity. The released capacity will be

awarded and posted on Equitrans' EBB System and EDI in

accordance with the time line set forth in Paragraph 22.7 c.

The notice of the award will contain the following

information:

 

(i) Term of release;

 

(ii) Price(s) as bid;

 

(iii) Primary receipt and delivery points;

 

(iv) Quantity in Dth;

 

(v) Whether the capacity is firm or firm recallable; and

 

(vi) The name of the Replacement Customer and whether the

Replacement Customer is affiliated with the Releasing

Customer.

 

22.10 Right of First Refusal. In the case of a prearranged bid, if

the bid submitted by a subsequent Bidder exceeds the value of

the bid submitted by the Prearranged Replacement Customer,

the Prearranged Replacement Customer will be given the

opportunity to match the terms of the subsequent bid in accordance

with the time line set forth in Paragraph 22.7 c.