Columbia Gas Transmission LLC

Third Revised Volume No. 1

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Effective Date: 06/12/2009, Docket: RP09-294-002, Status: Effective

First Revised Sheet No. 328 First Revised Sheet No. 328

Superseding: Original Sheet No. 328

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

(c) Evaluation Criteria. For the capacity release business process timing model, only the following

methodologies are required to be supported by Transporter and provided to Releasor as choices from which they

may select and, once chosen, should be used in determining the awards from the bid(s) submitted. They are: 1)

highest rate, 2) net revenue and 3) present value. Other choices of bid evaluation methodology (including

other Releasor defined evaluation methodologies) can be accorded similar timeline evaluation treatment at the

discretion of Transporter. However, Transporter is not required to offer other choices or similar timeline

treatment for other choices, nor, is Transporter held to the timeline should Releasor elect another method of

evaluation. Releasor shall include all such alternative evaluation criteria in the Release Notice to be

posted on Transporter's EBB. When Transporter makes awards of capacity for which there have been multiple

bids meeting minimum conditions, Transporter shall award capacity, best bid first, until all offered capacity

is awarded.

 

(d) At any time up to the close of the bidding period for the posted capacity, Releasor may withdraw

its posting for release of capacity if Releasor itself has an unanticipated use for the capacity and no

minimum bid has been made. Such a withdrawal shall be effected by Releasor placing a notice of withdrawal on

Transporter's EBB. Offers will be binding until a notice of withdrawal is received by Transporter.

 

(e) Transporter may refuse to allow a permanent release if it has a reasonable basis to conclude that

it will not be financially indifferent to the release. If Transporter denies Shipper's request to permanently

release capacity, Transporter will notify Shipper via e-mail and include in the notice the reasons for the

denial.

 

 

14.2 Posting.

 

Posting of Release Notices on Transporter's EBB shall be complete and subject to the conditions and

exceptions set forth below.

 

(a) Exempt Transactions. Posting for purposes of inviting bids shall not be required for

(i) prepackaged arrangements Releasor has arranged with a designated Replacement Shipper for a period of 31

days or less; (ii) prepackaged arrangements for more than one (1) year that Releasor has arranged with a

designated Replacement Shipper under which the designated Replacement Shipper agrees to pay the maximum

reservation charge and commodity rate, and applicable surcharges, and meets all requirements set forth in this

Tariff; (iii) releases to an asset manager, as defined in Section 284.8 of the Commission's regulations; or

(iv) releases to marketer participating in a state-regulated retail access program as defined in Section 284.8

of the Commission's regulations (collectively "exempt transactions"). There shall be no maximum price cap for

pre-packaged arrangements of one (1) year or less in length. Pre-packaged arrangements for more than 31 days

but less than one (1) year in length are not exempt transactions under this Section 14.2(a). For cross-month

releases, the maximum duration for eligibility as an exempt transaction under part (i) above shall be 31 days.

The rate received by Releasor under prearranged transactions for more than one (1) year that are exempt from

the ordinary posting and competitive bidding procedures set forth in this Section 14 must not exceed the

maximum rate.

 

(b) Notice to Transporter; Informational Posting. For any exempt transaction, as described in

paragraph (a) immediately above, Releasor, shall provide Transporter, for contract execution purposes, and

shall post on Transporter's EBB in accordance with the Capacity Release timeline under Section 14.(c) above:

(i) the information required for a Release Notice; (ii) the price and term of the assignment; (iii) the

identity of the Replacement Shipper; and (iv) for releases to an asset manager (as defined in Section 248.8 of

the Commission's regulations), the asset manager's delivery obligation to Releasor. Releasor may post such

exempt transactions at any time. Transporter shall issue an Assignment Agreement within one (1) hour of such

posting and shall allow nominations under such Assignment Agreement in the next available nomination cycle, as

specified in Section 6.2(e) of the General Terms and Conditions. In the event Shipper has not executed the

Assignment Agreement prior to making its nomination, Shipper shall be deemed to have executed the Assignment

Agreement with Transporter pursuant to which the nomination is being made.