East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 03/01/2009, Docket: RP08-487-002, Status: Effective
Substitute Original Sheet No. 315B.02 Substitute Original Sheet No. 315B.02
GENERAL TERMS AND CONDITIONS (Continued)
5.8 Allocation of Firm Capacity (continued)
(a) Existing Capacity (continued)
(7) Determination of Best Bid.
(i) All open seasons shall end at 2:00 p.m. CT not less than one
(1) Business Day prior to the date service would be
available. At the close of the bidding period for any open
season held pursuant to this Section 5.8, Transporter shall
select from among all valid bids the "best bid," as
determined pursuant to this Section 5.8(a)(7) and, if
applicable, Section 5.8(a)(8). Transporter shall review all
bids received from bidders that have not been rejected by
Transporter pursuant to Section 5.8(a)(6) above, to
determine which bid is the "best bid." For purposes of this
Section 5.8, the "best bid" shall be the bid which yields to
Transporter the highest net present value. Net present value
shall be calculated on the basis of the quantity, rate and
term reflected in the bid, as adjusted by the discount
factor, as of the date of the bid evaluation, calculated in
accordance with Section 154.501(d) of the Commission's
regulations, except that under a negotiated rate agreement
with a minimum quantity, the net present value evaluation
shall also include the fixed cost component of the usage
revenue at the minimum quantity. In determining the highest
net present value in connection with a Shipper paying a
negotiated rate higher than the maximum recourse rate, such
negotiated rate Shipper paying a rate higher than the
maximum recourse rate will be deemed to be paying a rate
equal to the maximum recourse rate.
(ii) In determining the "best bid," any request to add or change
a Receipt Point and/or a Delivery Point will be considered
to have a net present value of zero (0) when comparing such
requests to other requests for service and awarding capacity
unless the Shipper has agreed in conjunction with its
request to (i) increase its MDTQ, (ii) increase the rate
Shipper is currently paying to Transporter, if such rate is
less than the applicable maximum rate, and/or (iii) extend
the term of its firm service agreement in which case
Transporter shall consider the terms of such MDTQ increase,
rate increase and/or contract extension when calculating the
net present value. In the event that a request to add or
change a Receipt Point and/or a Delivery Point results in a
bid(s) that yields a net present value that is greater than
zero ("Positive NPV Bid"), Transporter shall award the
capacity to the bid which yields to Transporter the highest
net present value. In the event that no Positive NPV Bid(s)
is received by Transporter or point capacity remains after
Transporter has awarded capacity to or among the Positive
NPV Bid(s), Transporter shall award the remaining point
capacity to the firm Shipper whose request to change its
primary point(s) was received first-in-time by Transporter.
(8) The Risk of Default Factor shall be one (1) minus the differential
between (i) the bidder's probability of default which is calculated
by extrapolating to the maximum bid term to be used for bid
evaluation purposes, using Standard & Poor's ("S&P") most recent
"Cumulative Average Default Rates by Rating Modifier" table ("S&P
Table"), and (ii) the indicated probability of default for a bidder
with a credit rating at or above the credit ratings listed in
Section 5.8(a)(8)(i) for a like term. In addition, the Risk of