Wyckoff Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 12/31/9999, Docket: RP09- 444-000, Status: Accepted

Original Sheet No. 26 Original Sheet No. 26

 

Releasing Shipper in the Release Notice. Bidders must accept all other

conditions set forth in the Release Notice.

 

(c) Bids shall be submitted by Potential Replacement

Shippers without Bidders knowing the identities of other Bidders.

Bidders may submit multiple bids, each higher than the previous bid,

during the posting period established pursuant to Section 8.2(h) above.

 

(d) All Bidders must (i) have pre-qualified under

Transporter’s creditworthiness standards and (ii) appear on

Transporter’s Approved Bidders List.

 

(e) Bids are binding, with the exception of contingent

bids, until written or electronic notice of withdrawal is received.

Bids may be withdrawn before the close of the bidding period. Any

bidder that withdraws its bid for released capacity may not, within

that same bidding period, submit a bid at a lower rate for any portion

of that same capacity. Transporter shall communicate an award made

pursuant to a contingency bid by 3:00 p.m. C.T. and the contingent

bidder must respond by 4:00 p.m. C.T.

 

8.4 Evaluation of Bids and Assigning Service Rights.

 

(a) Transporter shall perform the evaluation of bids in

accordance with the criteria specified in the Release Notice and shall

determine which, if any, bids to accept.

 

(b) In the absence of any such Releasing Shipper-developed

alternative criteria to the contrary, as specified in the Release

Notice, bids shall be evaluated and rights to released capacity

assigned by Transporter in accordance with the bid evaluation criteria

referenced at Section 8.1(c).

 

(c) Where highest bids of equal value are received for

released capacity from more than one bidder, not including a designated

Replacement Shipper under a prepackaged arrangement, the capacity (i)

shall be assigned in accordance with any nondiscriminatory method for

breaking ties established by the Releasing Shipper in the Release

Notice, or (ii) shall, if the Releasing Shipper does not establish a

tie-breaking method, be assigned pro rata on the basis of the

respective quantities bid by the winning Bidders. Bidders may specify

in their bids the minimum quantities they will accept. If a pro rata

allocation would result in assignment of quantities below a Bidder’s

minimum quantity, any such Bidder will not be assigned the capacity,

and the total quantity available for assignment will then be re-

allocated among the remaining highest value Bidders on a pro rata

basis.

 

8.5 Assignment Agreements.

 

(a) For all transactions pursuant to this Section 8,

Transporter shall transmit by email or facsimile an Assignment

Agreement upon receipt of Replacement Shipper’s email or facsimile

confirmation reflecting the terms of the Release Notice.

 

(a) The Assignment Agreement shall contain all terms and

conditions of the release and assignment; provided that such terms and

conditions are identical to those set forth in the underlying Release

Notice. Service will not be provided unless the Assignment Agreement

properly has been executed. If the Replacement Shipper does not execute

and return such Assignment Agreement within two (2) business days of

Transporter’s tender (or such later date established by the Releasing

Shipper through notice to Transporter and Replacement Shipper),