Dominion Cove Point LNG, LP
Original Volume No. 1
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Effective Date: 03/01/2009, Docket: RP09-293-000, Status: Effective
Third Revised Sheet No. 242 Third Revised Sheet No. 242
Superseding: Second Revised Sheet No. 242
GENERAL TERMS AND CONDITIONS
(Continued)
10. RELEASE AND ASSIGNMENT OF SERVICE RIGHTS (Continued)
(b) Bidding Procedure. (Continued)
(4) Withdrawal of Offers or Bids. Releasing Customer may withdraw its offer during the
bid period where unanticipated circumstances justify and no minimum bid has been
made. Offers are binding until written or electronic notice of withdrawal is
received by Operator. Bids are binding until written or electronic notice of
withdrawal is received by Operator; provided, however, that bids cannot be
withdrawn after the bid period ends. After such a withdrawal, the bidder may not
subsequently submit a lower bid for the same posted offer of released capacity.
(5) Exemptions from Bidding Procedure.
(i) Prearranged Deals. If a potential Replacement Customer, identified by
Releasing Customer prior to posting under this Section 10 ("Designated
Replacement Customer"), agrees to pay the maximum tariff rate for a term
greater than one year and agrees to meet all other terms and conditions
proposed by the Releasing Customer, the release is not subject to bidding,
but will be posted in accordance with Section 10.(c).(5), below.
(ii) Asset Management Agreements. Releases to an asset manager as defined in
the Commission's Regulations, 18 C.F.R. Section 284.8(h)(3) (2008) are not
subject to bidding, but will be posted in accordance with Section
10.(c).(5), below.
(iii) State Mandated Retail Unbundling Programs. Releases to marketers
participating in state-regulated retail access programs as defined in the
Commission's Regulations, 18 C.F.R. Section 284.8(h)(4) (2008) are not
subject to bidding, but will be posted in accordance with Section
10.(c).(5), below.
(iv) Releases For 31 Days or Less. Releases of 31 days or less are not required
to be posted for bidding. The Releasing Customer may not re-release all or
part of the subject capacity to the same Replacement Customer until 28 days
after the first release has ended, unless (a) the Releasing Customer posts
the re-release for bidding or (b) the re-release is otherwise exempt
pursuant to this Section 10.(b).(5).
(6) The Releasing Customer's posted notice of release will include:
(i) Identification of Releasing Customer, including a contact person for
communications regarding the posted notice.
(ii) Identification of Releasing Customer's service agreement with Operator
(Operator's Service Agreement number).
(iii) The date and time of posting, and the date and time by which all bidders
must have submitted their bids to Operator's EBB. A Releasing Customer may
not specify an extension of the original bid period or the pre-arranged
deal match period, without posting a new release.
(iv) The quantity to be released expressed as a numeric quantity, including any
minimum or maximum acceptable packages, or whether bids for less than the
full quantity released are acceptable. The basis for released quantity
should be per date and time for transportation, peaking and imports, and a
per-release quantity for storage or peaking quantity and total release
period quantity.
(v) The daily contract entitlement for partial-day releases shall be allocated
to the Releasing Customer and Replacement Customer pro rata, based on the
effective time of the capacity release. This allocated daily contract
entitlement shall be used for purposes of nominations, billing and, if
applicable, for overrun calculations.