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. 116 Original Sheet No. 116 : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
(d) Where highest bids of equal value are received for released
capacity from more than one bidder, not including a designated Replacement
Customer under a prepackaged arrangement, the capacity (i) shall be assigned
in accordance with any nondiscriminatory method for breaking ties established
by Releasor in the Release Notice, or (ii) shall, if Releasor does not
establish a tie-breaking method, be assigned pro rata on the basis of the
respective quantities bid by the winning bidders. Bidders may specify in
their bids the minimum quantities they will accept. If a pro rata allocation
would result in assignment of quantities below a bidder's minimum quantity,
any such bidder will not be assigned the capacity, and the total quantity
available for assignment will then be re-allocated among the remaining
highest value bidders on a pro rata basis.
(e) Seller shall post on the EBB the winning bid and the identity of
the winning bidder(s) in accordance with the Capacity Release timeline under
Section 14(c) above.
14.5 Assignment Agreements.
(a) For all transactions pursuant to this Section 14, Seller shall
electronically transmit an Assignment Agreement upon receipt of Replacement
Customer's electronic confirmation reflecting the terms of the Release Notice
to Replacement Customer in accordance with the Capacity Release timeline
under Section 14(c) above.