Pine Needle LNG Company, LLC
Original Volume No. 1
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Effective Date: 02/22/2009, Docket: RP09-239-000, Status: Effective
Second Revised Sheet No. 68 Second Revised Sheet No. 68
Superseding: First Revised Sheet No. 68
GENERAL TERMS AND CONDITIONS
(Continued)
20. CAPACITY RELEASE (Continued)
20.2 Definitions. The definitions of terms applicable to this section are as follows:
(a) Releasable Firm Capacity Entitlements - Firm storage capacity entitlements (and
service associated vaporization and liquefaction entitlements) as described in a
Releasing Customer's agreement.
(b) Prearranged Release - Arrangement by a Releasing Customer for a specific
Replacement Customer to obtain the Releasing Customer's released capacity.
(c) Recall Rights - Conditions under which the right to the released capacity reverts
from the last Replacement Customer to a Releasing Customer who specified such
conditions. Such conditions must be objectively stated, non-discriminatory and
applicable to all potential Replacement Customers.
(d) Best Bid - Potential Replacement Customers who qualify for bidding pursuant to
Section 20.7(b) hereunder ("bidders") shall be allowed to submit bids for
capacity. Within 1 hour after the close of the bidding period, Pine Needle shall
determine the Best Bid based on the Releasing Customer's objective criteria and
shall report same to the Releasing Customer. If the Releasing Customer does not
provide the objective criteria to be used for selecting the Best Bid, then Pine
Needle's objective criteria for Best Bid shall be used as set forth in Section
20.11. If the Releasing Customer does not provide a tie-breaking methodology,
then Pine Needle's tie-breaking methodology shall be used as set forth in Section
20.11. The terms of the winning bid shall be posted by Pine Needle on Pine
Needle's EBB and such posting shall include the following information:
(i) The identity of the Releasing Customer.
(ii) The identity of the Replacement Customer.
(iii) The term of the release.
(iv) The daily demand charge per Dt of vaporization quantity entitlement
applicable to the capacity.
(v) All conditions of release objectively stated including, but not limited
to, any recall conditions.
(vi) The specific quantity of capacity released.
(vii) Whether the release is to an asset manager as defined in Section
284.8(h)(3) of the Commission's Regulations and, if so, the asset
manager's obligation to deliver gas to, or purchase gas from, the
releasing shipper including the volumetric level of the obligation and
the time periods the obligation is in effect.
(viii) Whether the release is to a marketer participating in a state-regulated
retail access program as defined in Section 284.8(h)(4) of the
Commission's Regulations.