K O Transmission Company

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-394-001, Status: Effective

Substitute Fourth Revised Sheet No. 50 Substitute Fourth Revised Sheet No. 50

Superseding: Third Revised Sheet No. 50

 

GENERAL TERMS AND CONDITIONS (continued)

 

 

4. Release and Assignment of Service Rights (continued)

 

release capacity, and the contract number assigned by Transporter to the

Service Agreement under which Shipper seeks to release capacity;

(ii) the numeric quantity on a per day basis and term (duration);

(iii) receipt and delivery points;

(iv) any applicable recall provisions relating to the proposed release

(Recall method and rights are individually negotiated between

Releasing Shipper and Replacement Shipper);

(v) any minimum conditions concerning the rate, term, or volume that the

releasing Shipper is willing to accept (and that Releasing Shipper

wishes to have posted on Transporter's website), or a statement that

it has separately revealed to Transporter any such minimum conditions,

which shall be posted following the close of bidding;

(vi) whether Releasing Shipper will accept contingent bids for the capacity

being released and, if so, all terms and conditions of acceptable

contingencies including the manner in which such contingent bids will

be evaluated, and whether and for how long the next highest bidder

will be obligated to accept the capacity if a contingent bidder

exercises its option not to take the capacity;

(vii) the maximum reservation charge (including demand-type surcharges)

applicable to the capacity being released;

(viii) the date and time of the close of the bidding for the release

capacity;

(ix) whether the Releasing Shipper has a prepackaged arrangement to assign

the service to a specified Replacement Shipper, and, if so, the

identity, address and telephone number of the designated Replacement

Shipper and the price the prospective Replacement Shipper has agreed

to pay under any such prepackaged arrangement;

(x) objective criteria for evaluating responsive bids by potential

Replacement Shippers and for breaking ties among highest bidders, to

the extent that Releasing Shipper's criteria are at variance with the

criteria established by Transporter in this Section;

(xi) the name, telephone and facsimile machine numbers of Releasing

Shipper's designated contact person;

(xii) whether bids for the released capacity are to be submitted on a

volumetric or reservation basis;

(xiii) whether bids for the released capacity are to be submitted on a fixed

dollars and cents amount or on a percentage basis;

(xiv) whether the release is subject to an indemnification provision

pursuant to which the initial Replacement Shipper indemnifies

Releasing Shipper against any claim by successive Replacement Shippers

relating to refunds (where Releasing Shipper has provided correctly

calculated refunds to the initial Replacement Shipper) and all terms

of any such indemnification provision;

(xv) whether the release is to an asset manager as defined in Section

284.8(h)(3) of the Commission's regulations and the asset manager’s

obligation to deliver gas to, or purchase gas from the releasing

shipper; and

(xvi) whether the release is to a marketer participating in a state-

regulated retail access program as defined in Section 284.8(h)(4) of

the Commission's regulations.