Clear Creek Storage Company, LLC

Original Volume No. 1

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Effective Date: 06/01/2000, Docket: CP98-256-002, Status: Effective

Original Sheet No. 42 Original Sheet No. 42 : Effective





capacity shall be awarded to those bidders pro rata, based

on the quantity of storage capacity bid by each tied



(3) The second highest 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 shall be awarded to the next highest

bidder with the same provisions stated above. This process

will be repeated until either all of the offered capacity is

awarded, or the remaining capacity is less than the

Releasing Customer's minimum quantity or remaining bidders'

acceptable quantity.


(4) Capacity that is released temporarily shall

be awarded to the Replacement Customer that makes the best

offer based on the criteria specified by the Releasing

Customer, or the highest economic value as defined above.


(5) Capacity that is released permanently shall

be awarded to the Replacement Customer that offers an

economic value equal to, or greater than, the economic value

of the Releasing Customer's storage capacity. The economic

value shall be calculated according to Section 3.4 of these

General Terms and Conditions. Acceptance shall be

conditioned upon the Replacement Customer satisfying Clear

Creek's creditworthiness standard and eligibility



(6) Clear Creek shall not be required to contract

with parties submitting bids that do not meet the conditions

of the offer to release capacity. Subject to approval of

the Releasing Customer, however, Clear Creek may accept bids

offering a price or term that is less than that set forth on

the release. All bids shall be evaluated according to

criteria provided by the Releasing Customer. If no criteria

are provided by the Releasing Customer, bids shall be

accepted in an order of priority based on the highest

economic value offered by the competing bids as described



4.8 Execution of a Service Agreement. Once the

provisions of this Section 4.8 are satisfied, and as a

condition precedent to receiving service pursuant to a

capacity release, the Replacement Customer shall execute a

Service Agreement with Clear Creek.