Dominion Transmission, Inc.
Third Revised Volume No. 1
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Effective Date: 05/27/2005, Docket: RP05- 51-001, Status: Effective
Sub Second Revised Sheet No. 1159 Sub Second Revised Sheet No. 1159 : Effective
Superseding: Sub First Revised Sheet No. 1159
GENERAL TERMS AND CONDITIONS
Pregranted Abandonment and Right of First Refusal
24.2 Right of First Refusal (continued)
E. In the event that a Service Agreement is permanently released pursuant to GT&C Section 23.2.F.9, the
Replacement Shipper shall succeed to all of the elements of the ROFR originally held by the
Releasing Shipper with respect to the capacity permanently released. In the event that a Service
Agreement is released on a temporary basis, the Releasing Shipper's ROFR shall not be affected and
the Replacement Shipper shall have no ROFR.
F. Posting and Bidding Procedures for ROFR Capacity
1. After Customer gives notice of its intent to retain the option to exercise its ROFR, Pipeline
shall post such capacity for bidding pursuant to GT&C Section 43, as modified by this section.
Pipeline shall post the capacity for bidding no earlier than one year prior to the expiration
of the Service Agreement, and the bidding period for the capacity shall be completed no later
than 60 days prior to the expiration of the Service Agreement. The capacity shall be posted on
Pipeline's EBB for no less than ten Business Days. The capacity posting shall include the
information described in GT&C Section 43.3.
2. Eligible bidders shall be identified in accordance with the bidding procedures described in GT&C
Section 43.4 and shall comply with and be bound by such procedures. Pipeline shall entertain
valid bids for all or any portion of the posted ROFR capacity.
3. Pipeline shall evaluate and determine the best bid(s), if any, for the posted ROFR capacity in
accordance with the standards of GT&C Section 43.5.A through D.
4. Pipeline shall notify Customer and the winning bidder(s) in writing of the best bid(s), within
five Business Days after the close of the bid period. The notice to Customer shall include an
executable copy of a Service Agreement in the Form of Service Agreement set forth in this FERC
Gas Tariff and containing terms matching the best bid(s). If Customer modifies that Service
Agreement in any way, Pipeline shall use the evaluation criteria specified in its posted notice
pursuant to GT&C Section 43.3 and consistent with Section 43.5, as applied to the quantity of
service that Customer elects to retain to determine whether the Customer's bid matches the best
third party bid(s); provided, that in the event Customer elects to match only a volumetric
portion of the best bid, Customer shall only be obligated to match that proportionate amount of
the best bid. If a competing bidder or bidders submits a bid for only a volumetric portion of
Customer's capacity subject to the ROFR, the Customer must match any such bid for a volumetric
portion of its capacity only if that bid is determined pursuant to Section 24.2.F.3, above, to
be the best bid of all bids received for Customer's capacity. In such case, Customer must
match that winning bid to retain the volumetric amount of capacity to which the winning bid
applies or such lesser amount of that capacity that Customer desires to retain, and the
procedures set forth in Section 24.2.F.6, below, regarding instances where there are no
acceptable bids submitted will then apply to Customer's remaining capacity. As provided in
Section 43.5.D, Pipeline shall consider any bid in excess of the then-applicable maximum rate
component to be equivalent to the maximum rate component for purposes of awarding capacity.
The executed Service Agreement must be received by Pipeline within fifteen Business Days of the
date of Customer's receipt of Pipeline's best bid notification; provided, however, Pipeline may
extend the deadline for receipt by up to five Business Days when warranted as determined by
Pipeline's discretion on a not unduly discriminatory basis.
5. If Customer elects not to match the best bid(s) for all or for any volumetric portion of its
capacity, then such election shall constitute an irrevocable waiver of Customer's ROFR with
respect to the capacity covered by the bid(s) not matched (except as provided in GT&C Section
43.5.H) and Pipeline shall deliver a Service Agreement to the winning bidder(s) for execution
pursuant to the terms of GT&C Section 43.