National Fuel Gas Supply Corporation
Fourth Revised Volume No. 1
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Effective Date: 02/25/2009, Docket: RP09-269-000, Status: Effective
Fifth Revised Sheet No. 362 Fifth Revised Sheet No. 362
Superseding: Fourth Revised Sheet No. 362
GENERAL TERMS AND CONDITIONS
10. CAPACITY RELEASE (Cont'd.)
Transporter shall reject bids which do not match or exceed any
minimum rate or term specified by the Existing Shipper's
Notice, or are in other respects incomplete or non-responsive
to such notice. No rate limitation applies for releases of
capacity for a term of one year or less if the release is to
take effect on or before one year from the date on which
Transporter is notified of the release; otherwise (i) any bid
received by Transporter offering to pay rates in excess of
Transporter's applicable maximum rates, inclusive of
surcharges, shall be treated by Transporter as an offer to pay
rates equal to Transporter's applicable maximum rates,
inclusive of surcharges, and no payments may be made or
accepted at rates in excess of Transporter's applicable
maximum rates, inclusive of surcharges, and (ii) where the
Existing Shipper has specified that volumetric bids or bids
based upon other variants of the rates applicable to the
capacity to be released will be accepted, any bid which has a
one hundred percent (100%) load factor derivative more than
the one hundred percent (100%) load factor derivative of the
maximum rates applicable to the capacity to be released shall
be deemed to be a bid offering to pay rates in excess of
Transporter's applicable maximum rates. Potential Shippers may
revise their bids during the posting period. Potential
Shippers may not submit multiple bids for the same package of
capacity.
(c) Bids are binding until written or electronic notice of
withdrawal is received by Transporter. Bids cannot be
withdrawn after the bid period ends. Following the withdrawal
of a bid, a Potential Shipper may not submit a bid lower than
the bid withdrawn during the remainder of the posting period.
For this purpose, bids will be determined to be "higher" or
"lower" than the withdrawn bid by application of the standard
applicable to the determination of best bid, as set forth in
Section 10.5.