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withdrawn after the bid period ends.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.