ANR Storage Company

Original Volume No. 1

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Effective Date: 02/16/2009, Docket: RP09-221-000, Status: Effective

Third Revised Sheet No. 16A Third Revised Sheet No. 16A

Superseding: Second Revised Sheet No. 16A

 

RATE SCHEDULE FS

FIRM STORAGE

(Continued)

 

 

 

(ii) Matching Rights. A Pre-arranged Replacement Customer

shall have the right of first refusal for a time period

as negotiated by the Releasing Customer and the Pre-

arranged Replacement Customer ("Matching Period"). If no

Matching Period has been negotiated, the Matching Period

will be deemed to be one (1) hour following the time the

Pre-arranged Replacement Customer has been notified of

the winning bid. In the event a bid is received that

more closely meets the criteria specified by the

Releasing Customer, Seller shall provide the Pre-arranged

Replacement Customer an opportunity during the Matching

Period to match or exceed the bid that more closely meets

the criteria specified by the Releasing Customer. No

later than 2:00 p.m. Central Clock Time, the Pre-arranged

Replacement Customer shall receive notification on the

Internet Site of the terms and conditions of the

prevailing bid and shall have the Matching Period to

respond via the Internet Site. No later than 2:30 p.m.

Central Clock Time, the Pre-arranged Replacement Customer

shall post on the Internet Site its match response.

Absent a response, the capacity shall be awarded to the

prevailing bidder no later than 3:00 p.m. Central Clock

Time.

 

(g) Capacity will be awarded no later than 3:00 p.m. Central

Clock Time. The capacity will be awarded to the Replacement

Customer which otherwise satisfies the requirements of this

Tariff and also meets all of the conditions of the offer to

release capacity. In the case of multiple bid winners, the

highest ranking bid will receive the entire maximum amount of

capacity bid. The next highest ranking bidder will receive

the remainder of the offered capacity provided that the

amount remaining is above the bidder's minimum acceptable

quantity. Any remaining capacity will be given to the next

highest bidder with the same provisions as above. This

process will repeat until either all of the offered capacity

is awarded or the remaining capacity falls below either the

Releasing Customer's minimum quantity or all of the remaining

bidder's acceptable quantities. Seller shall not be required

to contract with parties submitting bids that do not meet the

conditions of the offer to release capacity, however, subject

to approval of Releasing Customer, Seller may accept bids

offering a price or term less than that set forth in the

release. Bids will be evaluated by the criteria provided by

the Releasing Customer. If no criteria are provided by the

Releasing Customer, bids will be accepted in the order of

priority based upon the highest economic value offered by the

competing bids as defined in Section 10 of the General Terms

and Conditions of this Tariff. The ultimate awarding of the

capacity will be posted subsequently on Seller's Internet

Site by 4:00 p.m. Central Clock Time, unless bidder was a

contingent bidder and the contingency did not occur. Seller

will tender a numbered Agreement within one hour to the

winning bidder, and the winning bidder shall enter into an

Agreement with Seller pursuant to Section 7.2, below.