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. 112 First Revised Sheet No. 112
Superseding: Original Sheet No. 112
GENERAL TERMS AND CONDITIONS (Cont'd)
(c) Limitations on Continuation of Exempt Transactions. A Releasor
that has employed an exempt transaction to assign service to a designated
Replacement Customer for a period of 31 days or less, as described in Section
14.2(a)(i) above: (i) shall not roll over, extend, or otherwise continue
that release beyond its original term without complying with the ordinary
posting and competitive bidding requirements applicable to all non-exempt
transactions, as set forth in this Section, unless the rollover, extension,
or continuation is at the maximum rate for a term of more than one (1) year,
meets all of the terms and conditions of the Release Notice, and qualifies as
an exempt transaction under Section 14.2(a) above; and (ii) shall not,
pursuant to the short-term exemption of Section 14.2(a)(i), re-release to the
same Replacement Customer for 28 days after termination of the earlier
release period without fully complying with the ordinary posting and
competitive bidding requirements applicable to all non-exempt transactions,
as set forth in this Section, unless the re-release is for more than one (1)
year at the maximum rate, meets all of the terms and conditions of the
Release Notice, and qualifies as an exempt transaction under Section 14.2(a)
above. This Section does not apply to releases to an asset manger or
releases to a marketer participating in a state-regulated retail access
program.
(d) Timing and Duration of Posting. Offers by potential Releasors to
release and assign capacity shall be posted on Seller's EBB in accordance
with the Capacity Release timeline under Section 14(c) above. Releasor may
not specify an extension of the original bid period without posting a new
release.
(e) Method to Post. Seller shall post offers and bids, including
prearranged deals, upon receipt. Releasor may request a later posting time
for posting of such offer, and Seller shall support such request insofar as
it comports with the standard Capacity Release timeline specified in NAESB
standard No. 5.3.2.