Central New York Oil And Gas Company, LLC
Original Volume No. 1
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Effective Date: 02/06/2006, Docket: RP06-171-003, Status: Effective
Substitute Original Sheet No. 75A Substitute Original Sheet No. 75A : Effective
GENERAL TERMS AND CONDITIONS (continued)
2.2 Pre-arranged Storage Service and Interim Service
(a) Pre-arranged Service. Seller may enter
into a binding precedent agreement with a
Customer for firm storage service for a
future period ("Pre-arranged Service") for
unsubscribed firm Expansion Capacity (not
existing capacity), as posted on Seller's
website, that is available or will become
available as a result of completion of
construction or acquisition of facilities,
and is not subject to a right of first
refusal pursuant to Section 10.1(b) of the
General Terms and Conditions of this FERC Gas
Tariff Volume No. 1, or to any other Customer
renewal rights.
(b) Interim Service. Expansion Capacity
that is under contract for a future period
may be available for storage service on an
interim basis up to the commencement date of
the Pre-arranged Service. The availability
of interim capacity, including any limitation
thereon, will be posted on Seller's website.
(c) Capacity Reservation. In order to
reserve Expansion Capacity under a Pre-
arranged Service, Seller reserves the right
to limit any Customer renewal rights,
including the right of first refusal, which
might otherwise apply to interim sales of the
capacity. The following terms shall apply to
Pre-arranged Service:
(1) Within thirty (30) days after entering into a Pre-
arranged Service for which Expansion Capacity is to be
reserved including Pre-arranged Service for which renewal
rights on any interim sales of such capacity are to be
limited, Seller will post a notice on its website indicating
the terms of the Pre-arranged Service, and that the pre-
arranged capacity is available for bidding.
Seller shall post a request for bids and award the pre-
arranged Expansion Capacity as set forth below in accordance
with Section 10 of the General Terms and Conditions. Pre-
arranged Expansion Capacity shall be available for bidding
for at least five (5) Business Days, and Seller shall
evaluate acceptable bids on a net present value (NPV) basis.
The criteria for acceptable bids shall be included in the
posting for bids. Bids may be for service to commence on
the earliest date such capacity is available or some other
future date. At the end of the bidding period, Seller shall
evaluate acceptable bids on a net present value (NPV) basis,
using the FERC approved interest rate as the discount rate,
with the current value of any future bids reduced by the
time value of the delay in the receipt of revenue. NPV
shall only include revenue generated by the reservation
rate, or any other form of revenue guarantee, as proposed in
a bid for capacity. If an acceptable bid yields a higher
NPV than that of the Pre-arranged Service, the pre-arranged
Customer shall have a one-time right, to be exercised within