Dominion Cove Point LNG, LP

Original Volume No. 1

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Effective Date: 05/27/2005, Docket: RP05- 43-000, Status: Suspended

Second Revised Sheet No. 243 Second Revised Sheet No. 243 : Suspended

Superseding: Substitute First Revised Sheet No. 243

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

10. RELEASE AND ASSIGNMENT OF SERVICE RIGHTS (Continued)

 

(b).(6) Bidding Procedure.(Continued)

 

(vi) Location of capacity to be released (Points of Receipt and Delivery, and

any Primary Point entitlements associated with such points), and an express

description of any rights that Replacement Customer is to have for changing

Primary points. Unless such rights are specified in the posted notice,

Replacement Customer may not change primary points.

 

(vii) For purposes of bidding and awarding, maximum/minimum rates specified by

the Releasing Customer should include the tariff reservation rate and all

applicable surcharges, as a total number or as stated separately. The

maximum applicable reservation charge, including any minimum acceptable

price (as a nominal value or percentage of the applicable maximum rate),

whether expressed on a monthly or volumetric basis, which is Operator's

currently-effective maximum rate for service applicable to Releasing

Customer, plus all applicable surcharges and transition costs, excluding

any marketing fees. This maximum rate applies notwithstanding any

discounts granted under the Service Agreement between Releasing Customer

and Operator. The posted notice must specify whether the Releasing

Customer will consider bids on a volumetric basis; if so, the maximum

applicable reservation rate shall be the 100% load factor derivative of

applicable reservation charges, as set forth on Sheet Nos. 5, 6, and 7 of

Operator's Tariff. The commodity portion of the rate will not be taken

into consideration when determining the "best bid." Unless Operator and

Replacement Customer subsequently negotiate different commodity rate

components as permitted by the applicable Rate Schedule, Replacement

Customer shall pay the commodity rates otherwise applicable to Releasing

Customer. Where Releasing Customer is subject to a Negotiated Rate, the

Recourse Rate shall be used for purposes of bidding under this Section 10.

 

(viii) Duration of the release, and any minimum acceptable term, including the

specific starting dates and times and ending dates. Releases may commence

at any time of the month.

 

(ix) Whether the release is to be permanent or temporary. Permanent releases

are subject to pregranted abandonment, as provided under 18 C.F.R. Section

284.221.

 

(x) Criteria for evaluating bids, and for breaking ties among equivalent bids.

If no criteria are specified, Operators default standards shall apply, as

described in Section 10.(c)., below.

 

(xi) Whether the release is firm and not subject to recall, or subject to full

day or partial-day recall on an objective, not unduly discriminatory basis

(by Releasing Customer), and conditions under which any recall right would

be exercised, and any applicable reput rights.

 

(xii) Whether the Releasing Customer has identified a Designated Replacement

Customer.

 

(xiii) Whether the Releasing Customer will entertain contingent bids, and if so,

(a) the time period during which each contingent bidder must clear its

contingency, and (b) whether, and for what time period, the next-highest

bidder will be utilizing the subject capacity, or if no winning bidder is

currently utilizing the subject capacity, then to the bidder who submitted

its winning bid first in time; provided that if a Designated Replacement

Customer submits a "winning bid," then Operator must contract with such

Designated Replacement Customer.