Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 02/26/2009, Docket: RP09-274-000, Status: Effective

Second Revised Sheet No. 110 Second Revised Sheet No. 110

Superseding: First Revised Sheet No. 110





(13) the rate basis on which bids for the released capacity

are to be submitted;


(14) whether bids for the released capacity are to be

submitted on a fixed dollars and cents amount or on a percentage

basis; and


(15) whether the release is subject to an indemnification

provision pursuant to which the initial Replacement Customer

indemnifies Releasor against any claims by successive Replacement

Customers relating to refunds (where Releasor has provided

correctly calculated refunds to the initial Replacement Customer),

and all terms of any such indemnification provision.


(16) whether the release is to an asset manager, as defined

in Section 284.8 of the Commission's regulations.


(17) whether the release is to a marketer participating in

a state-regulated retail access program as defined in Section

284.8 of the Commission's regulations.


(c) Evaluation Criteria. For the capacity release business

process timing model, only the following methodologies are required to be

supported by Seller and provided to Releasor as choices from which they may

select and, once chosen, should be used in determining the awards from the

bid(s) submitted. They are: 1) highest rate, 2) net revenue and 3) present

value. Other choices of bid evaluation methodology (including other Releasor

defined evaluation methodologies) can be accorded similar timeline evaluation

treatment at the discretion of Seller. However, Seller is not required to

offer other choices or similar timeline treatment for other choices, nor, is

Seller held to the timeline should Releasor elect another method of

evaluation. Releasor shall include all such alternative evaluation criteria

in the Release Notice to be posted on Seller's EBB. When Seller makes awards

of capacity for which there have been multiple bids meeting minimum

conditions, Seller shall award capacity, best bid first, until all offered

capacity is awarded.