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. 115 First Revised Sheet No. 115

Superseding: Original Sheet No. 115

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

 

(h) Where higher bids are received for capacity that Releasor proposes

to release under a prepackaged arrangement that is subject to competitive

bidding (including prepackaged arrangements for 31 days or less for which

Releasor requests competitive bidding), the Replacement Customer designated by

Releasor (designated Replacement Customer) shall be notified by Seller and

shall exercise its right to match the highest competing bid in accordance with

the Capacity Release timeline under Section 14(c) above. A Releasor shall not

be able to specify an extension of the original pre-arranged match period

without posting a new release.

 

14.4 Evaluation of Bids and Assigning Service Rights.

 

(a) Seller shall perform the evaluation of bids in accordance with the

criteria specified in the Release Notice and shall determine which, if any,

bids to accept.

 

(b) In the absence of any such Releasor-developed alternative criteria

to the contrary, as specified in Releasor's Release Notice, bids shall be

evaluated and rights to released capacity assigned by Seller in accordance

with the bid evaluation criteria referenced at Section 14.1(c).

 

(c) Where Releasor has posted a prepackaged arrangement that is

subject to competitive bidding(including prepackaged arrangements for 31 days

or less for which the Releasor requests competitive bidding), the designated

Replacement Customer under that arrangement will be awarded the capacity if,

within the time limits specified in Section 14.3(h), that designated

Replacement Customer matches the competing bid(s) offering the highest

economic value, as calculated in accordance with the bid evaluation criteria

set forth in Section 14.1(c) or in the Release Notice.