East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 01/01/2009, Docket: RP09-76-000, Status: Effective
Third Revised Sheet No. 365 Third Revised Sheet No. 365
Superseding: Second Revised Sheet No. 365
GENERAL TERMS AND CONDITIONS (Continued)
18.7 Determination of Successful Bidder for Storage Rights
(a) Bid Evaluation Methodologies: The Releasing Shipper shall specify in the
Release Request one of the following bid evaluation methodologies: (i)
highest rate, (ii) net revenue, or (iii) present value. A Release Request
submitted specifying one of these methods shall be accorded the timeline
treatment described in Section 18.6. Releasing Shipper may choose another
bid evaluation method; however, such request shall be accorded the timeline
treatment described in Section 18.6. Transporter shall apply the method
chosen to determine the successful Bidder. Transporter shall reject any
bid that does not meet the minimum bid rate(s), minimum quantities or
minimum term specified in the Release Request. Transporter's application
of Releasing Shipper's bid evaluation method shall result in as many
winning Bidders as mandated thereby; provided that the volumes released to
each successful Bidder shall be no less than one Dekatherm. If the
Releasing Shipper desires to award to more than one winner, the Releasing
Shipper should allow for the acceptance of partial Maximum Daily LNGS
Quantity and Winter Season LNGS Quantity bids.
(b) If the present value method is chosen, then Transporter shall determine the
bid or bids having the highest present value in the same manner set forth
in Section 17.7(b) of the General Terms and Conditions, except that Bid
Maximum Daily LNGS Quantities shall be substituted for Bid Quantity in the
formula provided.
(c) If the net revenue method is chosen, then Transporter shall determine the
bid or bids having the highest present value in the same manner set forth
in Section 17.7(c) of the General Terms and Conditions, except that Bid
Maximum Daily LNGS Quantities shall be substituted for Bid Quantity in the
formula provided.
(d) The awarding of the released LNGS service, including the award of such
rights to a Pre-arranged Bidder, shall be done pursuant to the procedures
established in Section 17.7 of Transporter's General Terms and Conditions
for the awarding of released transportation rights.
(e) NAESB WGQ Standard 5.3.9 states: If the transportation service provider
requires amendments for each release, the transportation service provider
should automate the process of amending contracts and this may be the
subject of a global agreement between the parties. Therefore, pursuant to
this NAESB WGQ standard, prior to the commencement of service pursuant to a
temporary release, Transporter shall prepare and transmit to the successful
Bidder an Exhibit "R-1" to its Released Storage Service Agreement stating
the Released Maximum Daily LNGS Quantity and Winter Season LNGS Quantity,
rates, term, governing rate schedule, and any special terms and conditions
for each awarded release. A Replacement Shipper that subsequently obtains
additional storage rights by successfully bidding on a subsequent Release
Request is not required to execute an additional Released Storage Service
Agreement; rather, each such additional successful bid shall be the subject
of an additional exhibit (designated sequentially "Exhibit R-2", "Exhibit
R-3", etc.) to be added to such Replacement Shipper's Released Storage
Service Agreement. Transporter shall prepare all exhibits for Replacement
Shippers based on the information in the applicable Release Request and the
successful bid, and each such exhibit shall be deemed incorporated in the
agreement to which it relates and shall thereby amend such agreement
effective upon commencement of service to the Replacement Shipper. Such
exhibits shall not require execution by the Replacement Shipper to become
effective. East Tennessee will notify the Releasing Shipper with recall
rights of the name of new Replacement Shippers who subsequently obtain all
or a portion of such capacity after the exhibit to Replacement Shipper's
Released Storage Service Agreement is prepared.