Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 02/26/2009, Docket: RP09-274-000, Status: Effective

First Revised Sheet No. 111 First Revised Sheet No. 111

Superseding: Original Sheet No. 111

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

14.2 Posting.

 

Posting of Release Notices on Seller's EBB shall be complete and subject

to the conditions and exceptions set forth below.

 

(a) Posting for purposes of inviting bids shall not be required

for (i) prepackaged arrangements Releasor has arranged with a designated

Replacement Customer for a period of 31 days or less; (ii) prepackaged

arrangements for more than one (1) year that Releasor has arranged with a

designated Replacement Customer under which the designated Replacement

Customer agrees to pay the maximum reservation charge and commodity rate, and

applicable surcharges, and meets all requirements set forth in this Tariff;

(iii), releases to an asset manager, as defined in Section 284.8 of the

Commission's regulations; or (iv) releases to a marketer participating in a

state-regulated retail access program as defined in Section 284.8 of the

Commission's regulations (collectively "exempt transactions"). There shall be

no maximum price cap for pre-packaged arrangements of one (1) year or less in

length. Pre-packaged arrangements for more than 31 days but one (1) year or

less in length are not exempt transactions under this Section 14.2(a). For

cross-month releases, the maximum duration for eligibility as an exempt

transaction under part (i) above shall be 31 days. The rate received by

Releasor under prearranged transactions of more than one (1) year that are

exempt from the ordinary posting and competitive bidding procedures set forth

in this Section 14 must not exceed the maximum rate.

 

(b) Notice to Seller; Informational Posting. For any exempt

transaction, as described in paragraph (a) immediately above, Releasor shall

provide Seller, for Service Agreement execution purposes, and shall post on

Seller's EBB in accordance with the Capacity Release timeline under Section

14.(c) above: (i) the information required for a Release Notice; (ii) the

price and term of the assignment; (iii) the identity of the Replacement

Customer; and (iv) for releases to an asset manger (as defined in Section

284.8 of the Commission's regulations), the asset manager's delivery

obligation to Releasor. Releasor may post such exempt transactions at any

time. Seller shall issue an Assignment Agreement within one (1) hour of such

posting and shall allow nominations under such Assignment Agreement in the

next available nomination cycle, as specified in Section 6.2(e) of the General

Terms and Conditions. In the event Customer has not executed the Assignment

Agreement prior to making its nomination, Customer shall be deemed to have

executed the Assignment Agreement with Seller pursuant to which the nomination

is being made.