K O Transmission Company
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-394-000, Status: Effective
Fourth Revised Sheet No. 51 Fourth Revised Sheet No. 51
Superseding: Third Revised Sheet No. 51
GENERAL TERMS AND CONDITIONS (continued)
4. Release and Assignment of Service Rights (continued)
Releasing Shipper shall submit the information as detailed on the Form of
Release Notice within the Tariff to Transporter by facsimile, e-mail, internet
form or other delivering methods as mutually agreed, and Transporter will then
post the Release Notice on its website.
Evaluation Criteria. Transporter shall evaluate bids submitted for capacity
offered for release based on the best bid first utilizing the methodology chosen
by Releasing Shipper, including (1) highest rate, (2) net revenue, (3) present
value or (4) Other. Releasing Shipper, upon choosing "Other", must establish
alternative, nondiscriminatory criteria for evaluating bids. Should Releasing
Shipper choose "Other" as the method of evaluation, Transporter shall not be
required to meet the timelines outlined in Section 4.5. Releasing Shipper shall
include any all such alternative evaluation criteria in the Release Notice.
When multiple bids meeting minimum conditions are received, Transporter shall
award capacity, best bid first, until all offered capacity is awarded.
Evaluations shall end at 3:00 p.m. central clock time. The standard timeline
shall apply for releases with nonstandard evaluation methods.
At any time up to the close of the bidding period for the posted capacity,
Releasing Shipper may withdraw its posting for release of capacity if Releasing
Shipper itself has an unanticipated use of the capacity or if the bids do not
meet the minimum conditions. Such a withdrawal shall be effected by Releasing
Shipper sending a withdrawal notice via fax or e-mail to Transporter. Offers
will be binding until a notice of withdrawal is received.
Posting of Release Notices on Transporter's website shall be complete and
subject to the conditions and exceptions set forth below:
Exempt Transactions. Posting for purposes of inviting bids shall not be
required for (i) prepackaged arrangements Releasing Shipper has arranged with a
designated Replacement Shipper for a period of 31 days or less; (ii) prepackaged
arrangements where the Replacement Shipper is providing asset management service
to the Releasing Shipper utilizing the released capacity; (iii) prepackaged
arrangements in relation to an approved retail open access program; or (iv)
prepackaged arrangements for longer than one (1) year that Releasing Shipper has
arranged with a designated Replacement Shipper under which the designated
Replacement Shipper agrees to pay the maximum reservation charge