Pine Prairie Energy Center, LLC
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 120 Original Sheet No. 120 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
(c) PPEC shall evaluate the bids in accordance
with the provisions of Section 4.7 and determine the best bid in
accordance with the timelines set forth in Section 4.3 herein.
PPEC shall notify Releasing Customer, the best bidder, and any
designated Pre-arranged Replacement Customer of such determination
in accordance with the timelines set forth in Section 4.3 herein.
If there is a designated Pre-arranged Replacement Customer, it may
exercise its right to match such best bid by providing written
notice of such exercise to PPEC and Releasing Customer in
accordance with the timelines set forth in Section 4.3 herein.
After the Replacement Customer is selected, PPEC will finalize an
appropriate Addendum to the Capacity Release Umbrella Agreement in
the form contained in this FERC Gas Tariff. PPEC will provide a
copy of this Addendum to the Replacement Customer via facsimile,
at which time the Replacement Customer will have the same rights
and obligations as any other existing Customer on PPEC's system.
Following implementation of the release, PPEC shall post notice of
the winning bidder on the Internet Web Site.
4.7 Best Bid. When PPEC makes awards of capacity for
which there have been multiple bids meeting minimum conditions,
PPEC shall award the bids, best bid first, until all offered
capacity is awarded. The capacity being awarded represents the
Maximum Daily Injection Quantity, Maximum Daily Withdrawal
Quantity, or Maximum Storage Quantity. These quantities are
separate parts of the capacity and are awarded until one of the
quantities is fully awarded, at which point all capacity is deemed
to be fully awarded. PPEC shall evaluate and determine the best
bid among those otherwise consistent with any terms and conditions
specified by the Releasing Customer as follows:
(a) PPEC shall apply the standard or criteria for such
determination specified by the Releasing Customer, including the
standard to be used for breaking ties. Any standard or criteria
so specified must be objective, economic, not unduly
discriminatory, not contrary to applicable provisions of this FERC
Gas Tariff, applicable to all prospective Replacement Customers
and require PPEC in applying such standard to exercise no more
than a ministerial function. The Releasing Customer shall
indemnify and hold PPEC harmless from and against all demands,
losses, claims, expenses, causes of action and/or damages suffered
or incurred by PPEC arising out of or related to any determination
of a "best bid" pursuant to a standard specified, supplied,
approved or provided by Releasing Customer.
(b) In default of Releasing Customer specifying a bid
evaluation standard, PPEC shall determine the bid or bids
generating the highest net present value, using a 10% discount
factor, based on the rate bid (reservation or demand component),
the applicable quantity(ies) and term or period bid upon. In
default of Releasing Customer specifying a method to break ties
priority will be given first to the bid with the shortest term,
and next to the bid submitted first in time.