Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 11/30/2009, Docket: RP10-77-000, Status: Effective

Fifth Revised Sheet No. 533 Fifth Revised Sheet No. 533

Superseding: Fourth Revised Sheet No. 533

 

GENERAL TERMS AND CONDITIONS

(continued)

 

14. CAPACITY RELEASE (continued)

 

(1) Releasing Customer's Service Agreement number;

 

(2) whether the release is recallable or non-recallable; and if recallable,

(i) whether the recall rights are on a full Day or a partial Day basis,

(ii) the specifics of any recall right, (iii) whether the Releasing

Customer's recall notification must be provided exclusively on a Business

Day, and (iv) any reput methods and rights associated with returning the

previously recalled capacity to the Replacement Customer. These rights

and methods may be either: (i) reput must be accepted by the original

Replacement Customer for the original terms of the release, or (ii)

reput may be accepted at the option of the original Replacement Customer

for the original terms of the release.

 

(3) the MDTQ, expressed as a numeric quantity, to be released, subject to the

calculation described in Section 14.4(g) below;

 

(4) the primary Point(s) of Receipt and the MDRO associated with each such

point, and/or the primary Point(s) of Delivery and the MDDO associated

with such point, subject to the calculation described in Section 14.4(g)

below, if the Releasing Customer is proposing to release any of its

primary points and the associated point quantities;

 

(5) the period of the release;

 

(6) any other conditions of the release;

 

(7) identity of any Prearranged Customer;

 

(8) any minimum reservation charge requirements or, if Releasing Customer

elects to entertain bids on a volumetric rate basis, the minimum

reservation charge stated on a volumetric basis. For releases that

become effective on or after July 30, 2008, the Releasing Customer may

specify a minimum Reservation Charge requirement which is in excess of

the maximum tariff rate for the applicable service if (i) the term of the

proposed release is one (1) year or less, and (ii) the effective date of

the proposed release is on or before one (1) year from the date on which

Algonquin is notified of the release.

 

(9) whether bids should be submitted in dollars and cents or percentages of

maximum tariff rate;

 

(10) for biddable releases, the bid evaluation method which shall be, at the

Releasing Customer's option, one of the following three standard

evaluation methods: highest rate, net revenue or present value; or an

alternative Releasing Customer defined bid evaluation method, including,

but not limited to, the application of the Risk of Default Factor as set

forth in Section 2.5(e); provided, however, Releasing Customer's

specified alternative bid evaluation method must be set forth with

sufficient specificity that Algonquin's evaluation of the bids to

determine the "best bid" is a purely ministerial matter that does not

require any discretionary exercise of judgment by Algonquin; in addition,

Releasing Customer must specify the Tie Break Method that Algonquin will

apply to award capacity among multiple bids that yield the same value;