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Original Sheet No. 77 Original Sheet No. 77 : Superseded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