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.