Dominion Cove Point LNG, LP
Original Volume No. 1
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Effective Date: 09/10/2003, Docket: RP03-564-001, Status: Effective
First Revised Sheet No. 213 First Revised Sheet No. 213 : Effective
Superseding: Original Sheet No. 213
GENERAL TERMS AND CONDITIONS
(Continued)
4. BIDDING FOR AVAILABLE FIRM SERVICE
(a) EBB Posting Procedure. As capacity becomes available on Operator's system for firm
services, such capacity shall be posted by Operator on its EBB for a period of thirty
(30) days. Operator's posting shall include the following information regarding the
available capacity: (i) daily and other applicable quantity of service available;
(ii) receipt and delivery points; (iii) term (up to a maximum primary term of twenty
(20) years with extensions from year to year thereafter unless canceled by either
party by providing six (6) months prior notice to the other party); (iv) maximum
effective Reservation charge as set forth in the Currently Effective Rate Sheets of
this Tariff; (v) the minimum Effective Reservation charge as set forth in the
Currently Effective Rate Sheets of this Tariff(including any adjustments thereto) as
provided under the applicable Rate Schedule; (vi) any other applicable charges or
surcharges; (vii) any applicable restrictions; and (viii) the date when bids are due
to Operator. Operator shall not impose a minimum rate for purposes of bidding for
available firm service. The due date set by Operator for bids shall be at least
thirty (30) days and no more than forty-five (45) days after the first posting date.
(b) Bidding Procedure. Potential Buyers may submit one bid for all or any portion of the
capacity or term of service made available by Operator. A Bidder shall submit its bid
electronically through Operator's EBB, specifying the monthly reservation charge (or
other firm or demand charge(s), if applicable, herein referred to collectively as the
"Reservation Charge") it is bidding for the service. Bidder also shall provide to
Operator a valid request for service fully complying with Section 3 (Requests for
Service) of the General Terms and Conditions. The price bid for the monthly
Reservation Charge shall be expressed per Dth and shall be expressed to the nearest
thousandth of one dollar ($0.000). Bids for service may exceed the then effective
Maximum Base Reservation Charge for the applicable service set forth in this Tariff,
and include other forms of revenue guarantees. In addition to the bid price, Bidders
shall pay all applicable commodity charges, demand and commodity surcharges and any
other applicable charges, as may be adjusted from time to time by Operator. Operator
shall have the right to reject any bids, on a non-discriminatory basis, that: (i) are
for a rate that is less than the maximum Reservation Charge or not above the minimum
Reservation Charge as set forth in the Currently Effective Rate Sheets of this Tariff
for service under Operator's applicable Rate Schedule; or (ii) include conditions or
provisions that impede Operator's ability to operate its system in conformity with the
provisions of this Tariff.
(c) Assessing Bids and Awarding Capacity. Operator shall evaluate bids based upon their
net present value (NPV) as set forth below, taking into account the price and primary
term offered. The NPV shall include only revenues generated by the reservation
charge, or other form of revenue guarantee. For purposes of this section, "revenue
guarantee" shall include, but not be limited to, revenue based on any minimum
throughput commitment proposed by the Bidder. For Bidders proposing a reservation
charge or other form of revenue guarantee which exceeds the maximum applicable
reservation charge during all or any portion of the term proposed by the Bidder, the
NPV calculated for the bid may not exceed a NPV that is calculated assuming that the
maximum applicable reservation charge shall be in effect during the full term proposed
by the Bidder, in place of the reservation charge or other revenue guarantee proposed
by the Bidder. Operator shall use the current Commission-approved interest rate in
calculating the net present value of bids. Capacity shall be awarded based on the
acceptable highest value of the bids offered to Operator calculated in accordance with
this Section. Operator shall post the winning bids on its EBB.
(d) Pro Rata Awards to Equal Bidders. If two or more bidders, including the current
holder of the capacity subject to bid, submit acceptable highest value bids of equal
value, as calculated pursuant to paragraph (c) above, Operator shall award the
capacity first to the current holder of the capacity. If the current holder of the
capacity (i) is not among the bidders submitting equivalent highest value bids, (ii)
does not require all of the capacity subject to bid; or (iii) fails to execute a
Service Agreement after being awarded the capacity, any available capacity shall be
awarded on a pro rata basis to all bidders that submitted equivalent highest value
bids.