Dominion Transmission, Inc.

Third Revised Volume No. 1

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Effective Date: 05/27/2005, Docket: RP05- 51-002, Status: Effective

Second Sub First Revised Sheet No. 1505 Second Sub First Revised Sheet No. 1505 : Effective

 

 

GENERAL TERMS AND CONDITIONS

Allocation of Unsubscribed Firm Capacity

 

43. Allocation of Unsubscribed Firm Capacity.

 

43.1 Within ten Business Days of the date when Pipeline has determined that firm capacity will be unsubscribed

and subject to allocation pursuant to this Section 43, Pipeline shall post notice on its EBB specifying

the following information: (1) points of receipt and delivery, (2) total quantity that is becoming

unsubscribed, and (3) the date the capacity will become unsubscribed. Capacity subject to this notice

requirement only includes capacity under expiring or terminating service agreements for which, if

applicable, (i) notice of termination has been issued; (ii) Customer has elected not to exercise

evergreen rights or the right of first refusal pursuant to section 24.

 

43.2 Pipeline shall post capacity for bid on the EBB no more than 12 months and no less than 30 days prior to

the date that it is to become unsubscribed. In cases where the tie-breaking method is first in time

pursuant to Section 43.5.F.2 below, Pipeline shall provide on its EBB no less than one Business Day

advance notice of the upcoming capacity posting.

 

43.3 The posting of capacity for bid shall include the following information, as applicable: (1) points of

receipt and delivery, (2) total quantities subject to bid, (3) the date when the capacity will become

unsubscribed or service will commence, (4) the maximum rate applicable to the service offered, (5) the

applicable rate schedule, (6) the posting period, including any deadline for bids, (7) any limitations on

availability of service, (8) whether the capacity is subject to any reserve rate or formula, (9) the

criteria by which Pipeline will evaluate bids, (10) whether Pipeline will entertain contingent bids, (11)

whether the capacity is subject to a right of first refusal, and (12) any other conditions applicable to

the capacity offered.

 

43.4 Bidding Procedures

 

A. Capacity that will be available for less than five months shall be posted for bidding for no less than

one Business Day. All other capacity shall be posted for no less than five Business Days.

 

B. Any party desiring to submit a bid under this Section must meet the creditworthiness standards of GT&C

Section 7 for the value of its bid. Upon successful qualification, the bidder shall be placed on

Pipeline's approved bidder list (updated and posted monthly on Pipeline's EBB), and shall be

eligible to bid for capacity. An approved bidder shall remain on Pipeline's approved bidder list

until such bidder: (1) notifies Pipeline to the contrary; (2) no longer meets the credit

qualifications of GT&C Section 7; or (3) is suspended in accordance with GT&C Section 6.5 for

failure to pay all or part of the amount of any bill for service from Pipeline.

 

C. All bids must be submitted by facsimile, using the Form of Bid posted on Pipeline's EBB.

 

D. All bids must state the reservation charge or other form of revenue that will be guaranteed over the

term of the Service Agreement. Unless otherwise specifically provided in the bid posting, the bidder

shall pay all applicable usage charges, surcharges, and any other applicable charges and penalties,

as adjusted from time to time, in addition to the bid price.

 

E. Bids for capacity are legally binding on the bidder until written notice of withdrawal is received by

Pipeline; provided, however, bids cannot be withdrawn after the close of the bid period, and,

provided further, a bidder may not withdraw a bid and resubmit a bid with a lesser value.

 

43.5 Evaluation Criteria and Award of Capacity

 

A. Pipeline may establish a reserve rate or formula that shall establish the minimum rate or value that

Pipeline would accept for capacity being posted, and that may vary over the term for which the

posted capacity is available. The reserve rate or formula shall not exceed the applicable maximum

rate, and shall be established prior to posting capacity for bid. Pipeline shall not be required to

disclose the reserve rate or formula at the time of posting, but shall record and maintain such

reserve rate or formula for a period of three years for