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
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
(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
(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.