Dominion South Pipeline Co., LP
Original Volume No. 1
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Effective Date: 12/16/2005, Docket: CP05- 77-001, Status: Effective
Original Sheet No. 1076 Original Sheet No. 1076 : Effective
GENERAL TERMS AND CONDITIONS
ALLOCATION OF AVAILABLE FIRM CAPACITY
26.4 Evaluation Criteria and Award of Capacity
A. Pipeline may establish a reserve rate or formula that shall establish the minimum
rate or value that Pipeline would accept for capacity being posted, and that may
vary over the term for which the posted capacity is available. The reserve rate or
formula shall not exceed the applicable maximum rate, and shall be established prior
to posting capacity for the bid. Pipeline shall not be required to disclose the
reserve rate or formula at the time of posting, but shall record and maintain such
reserve rate or formula for a period of three years for validation purposes. In the
event that a participating bidder challenges in writing Pipeline's failure to award
the capacity to it, Pipeline will reveal the reserve rate to the FERC office of
Administrative Dispute Resolution, or another mutually agreeable neutral third
party, on a confidential basis to confirm that the capacity was awarded in
accordance with the Tariff.
B. Pipeline may establish objective and non-discriminatory factors determined by
Pipeline to be relevant to the granting of the request, including the treatment of
contingent bids, which shall be considered in evaluating bids for capacity. Notice
of any such factors to be considered shall be posted on the Website at the time
Pipeline posts the notice of available capacity under this Section 26.
C. Pipeline shall have the right to reject any bid that: (1) does not meet the minimum
requirements or conditions specified in the posting, (2) if accepted, may
detrimentally impact the operational integrity of Pipeline's system, (3) is for less
than the Pipeline's Recourse Rate applicable to the service, (4)contains terms and
conditions inconsistent with those contained in this Tariff, (5) is made by an
ineligible bidder, (6) includes conditions or contingencies not specifically allowed
in the posting, or (7) purports to alter the bidder's obligation to pay all
applicable usage charges, surcharges, and any other applicable charges and
penalties.
D. To the extent that a bidder offers to pay rates in excess of any then-applicable
maximum rate component, Pipeline shall consider that bid to be equivalent to the
applicable maximum rate component for purposes of awarding capacity. Pipeline shall
evaluate valid bids based on one of the following methods, as identified in the
posted notice:
1. The highest net present value of the reservation charges or other source of
guaranteed revenue to be received by Pipeline over the term of service; or,
2. The highest reservation charge bid, or other source of guaranteed revenue,
provided that such bid meets Pipeline's stated terms. A bid may be higher than
the Recourse Rate, but Pipeline shall not consider that portion of such bid in
its bid evaluation process.
3. An alternate objective method chosen by Pipeline, posted at least three days
before the capacity is posted for bid. Such method must be applicable to all
bidders, and not unduly discriminatory. The method shall be objectively
stated, with sufficient specificity to reasonably determine and apply the
method or formula to be used and to rank all bids received, utilizing the
elements contained in the bid.
E. Pipeline shall award the capacity to the qualifying bidder(s), if any, that
produce(s) the best bid result as determined in accordance with this Section
26, provided, however, that where Pipeline agrees to a discounted rate,
Pipeline shall not be required to offer a term greater than one month unless
the discounted rate exceeds Pipeline's reserve rate or formula.