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.