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.