Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective
Original Sheet No. 62 Original Sheet No. 62 : Effective
GENERAL TERMS AND CONDITIONS (Cont'd)
4.2 Auctions of Capacity that Becomes Available. As capacity becomes
available on Seller's system for firm storage service under the
circumstances set forth in Section 4.1 above or otherwise, such capacity
shall be made available for bidding provided that it is not previously
committed and capacity remains available.
(a) EBB Posting Procedure. Capacity that becomes or will become
available will be posted by Seller on its EBB for at least the following
(1) five business days for firm capacity that will be available
for a term of twelve months or longer;
(2) three business days for firm capacity that will be available
for a term of at least five but less than twelve months; and
(3) one hour ending at 10:00 a.m. (E.T.) for firm capacity that
will be available for a term of less than five months.
Seller's posting shall include the following information regarding the
available capacity: (i) the daily and other applicable quantity of service
available; (ii) the Recourse Rate as set forth in this Tariff; (iii) any
applicable restrictions; (iv) whether the capacity is subject to an existing
right of first refusal; (v) any minimum price or other terms applicable to
the capacity; and (vi) the date when bids are due to Seller. The due date set
by Seller for bids shall be in accordance with the posting periods set forth
above in this Section 4.2(a).
(b) Bidding Procedure. A potential Customer may submit multiple bids,
each higher than its preceding bid, for all or any portion of the capacity or
term of service made available by Seller. Such bids shall be submitted
electronically through Seller's EBB and shall be displayed by Seller on the
EBB, without revealing the identity of the bidder, during the bidding period.
Bidder shall specify the monthly reservation charge (or other firm or demand
charge(s), if applicable, herein referred to collectively as Reservation
Charge) it is bidding for the service. Bidder also shall provide to Seller a
valid request for service fully complying with Section 3 (Requests for
Service) of the General Terms and Conditions. The price bid for the monthly
Reservation Charge shall be expressed per Dth and shall be expressed to the
nearest thousandth of one dollar ($0.000). The bid shall not exceed the
then-effective Maximum Base Reservation Charge for the applicable service set
forth in this Tariff. In addition to the bid price, Bidder shall pay all
applicable commodity charges, demand and commodity surcharges and any other
applicable charges, as they may be adjusted from time to time by Seller.
Seller shall have the right to reject any bids that: (i) are for a rate that
is less than the minimum rate stated in Seller's posting of that capacity;
(ii) do not satisfy any of the other terms specified in the posting; or
(iii) include conditions or provisions that Seller determines, in its
reasonable discretion, to be unacceptable.