GENERAL TERMS AND CONDITIONS

(Continued)


 

4.9 Pre-arranged Release. (1) A Releasing Customer may

release capacity for a term of 31 Days or less to a pre-arranged

Replacement Customer without posting an offer on the interactive

Internet web site. A Releasing Customer may also release

capacity to a pre-arranged Replacement Customer without posting

an offer on the interactive Internet web site if the pre-arranged

release (a) is for the maximum applicable reservation rate, (b)

is for the full term for which the capacity is released, (c)

meets all terms and conditions of the release and (d) if the full

term of the release is greater than one year. A pre-arranged

release that (a) is to a qualified asset manager or a marketer

participating in a state-regulated retail access program without

posting an offer on the interactive Internet web site. The

Releasing Customer must notify Clear Creek of the pre-arranged

release. Once notification is received, the Replacement Customer

may submit a nomination for the acquired capacity at the earliest

available nomination opportunity. The Replacement Customer must

meet any eligibility requirements set forth in this Section 4.9.


 

(2) Non-biddable pre-arranged release. The following

pre-arranged capacity release transactions are exempt from the

bidding procedures described in this Section:


 

(a) a pre-arranged release that (i) is for the maximum

applicable reservation charge, (ii) is for the full term for

which the capacity is released, the full term of which is

greater than one year, and (iii) meets all terms and

conditions of the release.

(b) a pre-arranged release for a term of 31 Days or

less.

(c) a pre-arranged release that (1) is to a qualified

asset manager as defined in 18 C.F.R. § 284.8(h)(3) or a

marketer participating in a state-regulated retail access

program as defined in 18 C.F.R. § 284.8(h)(4), (2) is for

the full term for which the capacity is released and (3)

meets all terms and conditions of the release.


 

Releasing Customers may inform Clear Creek of a non-

biddable capacity release deal at any available nomination

opportunity and the Replacement Customer may submit a

nomination at the time the pipeline is informed of the

release.


 

A release of 31 Days or less may not be rolled over,

extended or in any way continued without complying with the

bidding requirements set out in this Section. A Releasing

Customer may not release capacity to the same Replacement