K O Transmission Company
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-394-000, Status: Effective
Third Revised Sheet No. 55 Third Revised Sheet No. 55
Superseding: Second Revised Sheet No. 55
GENERAL TERMS AND CONDITIONS (continued)
4. Release and Assignment of Service Rights (continued)
4.4 Evaluation of Bids and Assigning Service Rights
(a)
Transporter shall perform the evaluation of bids in accordance with the criteria
specified in the Release Notice and shall determine which, if any, bids to
accept. Such evaluation period begins upon the termination of posting as
referenced in Section 4.2(e), whereupon contingency is eliminated, determination
of best bid is made and ties are broken.
(b)
In the absence of any such Releasing Shipper-developed alternative criteria to
the contrary, as specified in Releasing Shipper's Release Notice, bids shall be
evaluated and rights to released capacity assigned by Transporter in accordance
with the bid evaluation criteria referenced at Section 4.1(c).
(c)
Where Releasing Shipper has posted a prepackaged arrangement at less than the
maximum rate (including prepackaged arrangements for 31 days or less for which
the Releasing Shipper requests competitive bidding), or if a prepackaged
arrangement is for one (1) year or less, the designated Replacement Shipper
under that arrangement will be awarded the capacity if, within the time limits
specified in Section 4.3(f), that designated Replacement Shipper matches the
competing bid(s) offering the highest economic value, as calculated, in
accordance with the bid evaluation set forth in Section 4.1(c) or in Releasing
Shipper's Release Notice.
(d)
Where highest bids of equal value are received for released capacity from more
than one bidder, not including a designated Replacement Shipper under a
prepackaged arrangement, the capacity (i) shall be assigned in accordance with
any non- discriminatory method for breaking ties established by Releasing
Shipper in the Release Notice, or (ii) shall, if Releasing Shipper does not
establish a tie-breaking method, be awarded to the highest bidder having first
transmitted the highest bid to Transporter with that transmittal order
determined by the electronic date and time stamping assigned to all fax, e-mail
and internet messages received by Transporter.
(e)
Transporter shall post on the website the winning bid and the identity of the
winning bidder(s). by 5:00 p.m. central clock time on the day the bid closes.
Replacement Shippers may immediately make a nomination upon the Transporter's
award of capacity at 5:00 p.m. central clock time.