Viking Gas Transmission Company

Original Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 52-001, Status: Effective

Original Sheet No. 77 Original Sheet No. 77 : Superseded

 

 

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

d) If only one Bidder has submitted a Bid which reflects either the greatest economic

value or highest present value, as applicable, then the transportation rights shall

be awarded to that Bidder, subject to any Prearranged Bidder's exercise of its

right of first refusal (matching) as set forth above.

 

e) If two or more Bidders have submitted Bids which reflect the greatest economic

value or the highest present value, as applicable, then, subject to any Prearranged

Bidder's exercise of its right of first refusal, the released transportation rights

will be awarded on the basis of a lottery that is limited to such Bidders, unless

the Releasing Shipper has specified an alternative means for awarding the released

capacity as between two or more equal bids ("alternative tie breaker"). The winner

of the lottery or alternative tie breaker shall be awarded the transportation

rights for which it has submitted a Bid. Transporter will conduct the lottery or

alternative tie breaker in a non-discriminatory manner.

 

f) Transporter's application of Transporter's present value formula and the lottery

shall result in only one successful Bidder per Release Request.

 

g) For informational purposes only, Transporter shall post on its EBB the identity of

the winning bidder and the terms of the successful bid.

 

h) Prior to the commencement of service pursuant to the Release Request, Transporter

shall prepare and transmit to the successful Bidder a Transportation Agreement

stating the quantity, rates, term, Maximum Receipt Quantities at all Primary

Receipt Points and Maximum Delivery Quantities at all Primary Delivery Points,

governing rate schedule, and any special terms and conditions for each awarded

release. Releasing Shipper's Transportation Agreement will be amended to reflect

that the Releasing Shipper has released all or a portion of its transportation

rights.

 

i) Prior to the commencement of service pursuant to any Release Request, the

Replacement Shipper shall submit to Transporter, in accordance with Article XXII of

these General Terms and Conditions, a check in an amount equal to the lesser of

$10,000 or the total reservation charges under its Released Transportation

Agreement applicable to the released service for a three month period, provided

that if the release is for less than a three month period and the total reservation

charge for the release is less than $10,000, then the prepayment requirement will

be equal to the total reservation charges for the released services.