Algonquin Gas Transmission, LLC
Fifth Revised Volume No. 1
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Effective Date: 11/30/2009, Docket: RP10-77-000, Status: Effective
Third Revised Sheet No. 514 Third Revised Sheet No. 514
Superseding: Substitute Second Revised Sheet No. 514
GENERAL TERMS AND CONDITIONS
(continued)
2. REQUEST FOR TRANSPORTATION SERVICE (continued)
(f) In the event Algonquin receives two (2) or more bids that qualify as the "best
bid" (i.e., two (2) or more bids that produce an equivalent net present value),
capacity subject to the open season will be allocated between or among such
requests pro rata based on the MDTQ requested; provided, however, if a bidder
offered capacity on a pro rata basis pursuant to this Section 2.5(f) fails to
execute a service agreement within (i) five (5) Business Days for service with a
contract term of less than one (1) year or (ii) fifteen (15) days of the tender of
a service agreement by Algonquin for service with a contract term of one (1) year
or longer, Algonquin shall deem such bidder's request to be null and void and
shall reallocate the available capacity pro rata based on the MDTQ requested to
such remaining best bids in accordance with this Section 2.5(f).
(g) Within twenty-four (24) hours after an award of capacity under this Section 2.5,
Algonquin shall post on the LINK® System the best bid(s), showing the net present
value for such best bid(s). In the event the best bid is a discounted rate that
is less than the applicable maximum tariff rate and Algonquin accepts a bid at
less than the maximum rate as the winning bid, then the bidder must submit a
discount request form online via the LINK® System and Algonquin must approve such
discount request pursuant to the provisions of Section 45 of these General Terms
and Conditions in order for such rate to become effective.
(h) To the extent Algonquin has (i) available capacity or (ii) capacity under expiring
or terminating service agreements where such capacity is not subject to a right of
first refusal or shipper does not exercise its right of first refusal, Algonquin
reserves the right, but shall not be obligated, to reserve such capacity for a
future expansion project. Algonquin may reserve capacity for a future expansion
project for which an open season has been held or will be held within twelve (12)
months of the date that Algonquin posts such capacity as being reserved. Any
capacity reserved pursuant to this Section 2.5(h) must first be posted as
available capacity on Algonquin's Web Site for at least five (5) Business Days.
Any minimum terms and conditions imposed in an open season for capacity to be
reserved must not materially differ so as to be more restrictive than the terms
and conditions imposed in the expansion project open season. In the event that a
subsequent expansion project open season imposes minimum terms and conditions that
are materially different from the minimum terms and conditions imposed for the
reserved capacity open season, Algonquin shall hold another open season for the
reserved capacity that uses the same minimum terms and conditions as were imposed
for the expansion project open season. Any capacity reserved under this Section
2.5(h) may be reserved for up to twelve (12) months prior to the time Algonquin
files for certificate approval for proposed construction of a related project and
thereafter until all expansion facilities are placed into service. Any capacity
reserved under this Section 2.5(h) shall be made available, pursuant to the
provisions of Section 2.6 of these General Terms and Conditions, for
transportation service on an interim basis up to, but not including, the in-
service date of the related expansion project(s). For such interim service,
Algonquin reserves the right to limit any Customer's renewal rights that might
otherwise apply to such service, including Customer's right of first refusal, if
applicable. Any capacity reserved for a future expansion project that does not go
forward for any reason shall be reposted as generally available within thirty (30)
days of the date the capacity becomes available.