Arlington Storage Company, LLC
First Revised Volume No. 1
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Effective Date: 11/08/2009, Docket: RP10-67-000, Status: Effective
Original Sheet No. 120 Original Sheet No. 120
GENERAL TERMS AND CONDITIONS
(Continued)
(c) ASC shall evaluate the bids in accordance with the provisions of Section 4.7 and determine
the best bid in accordance with the timelines set forth in Section 4.3 herein. ASC shall
notify Releasing Customer, the best bidder, and any designated Pre-arranged Replacement
Customer of such determination in accordance with the timelines set forth in Section 4.3
herein. If there is a designated Pre-arranged Replacement Customer, it may exercise its
right to match such best bid by providing written notice of such exercise to ASC and
Releasing Customer in accordance with the timelines set forth in Section 4.3 herein.
After the Replacement Customer is selected, ASC will finalize an appropriate Addendum
to the Capacity Release Umbrella Agreement in the form contained in this FERC Gas Tariff.
ASC will provide a copy of this Addendum to the Replacement Customer via facsimile, at
which time the Replacement Customer will have the same rights and obligations as any
other existing Customer on ASC's system. Following implementation of the
release, ASC shall post notice of the winning bidder on the Internet Web Site.
4.7 Best Bid. When ASC makes awards of capacity for which there have been multiple bids
meeting minimum conditions, ASC shall award the bids, best bid first, until all offered
capacity is awarded. The capacity being awarded represents the Maximum Daily Injection
Quantity, Maximum Daily Withdrawal Quantity, or Maximum Storage Quantity. These
quantities are separate parts of the capacity and are awarded until one of the quantities
is fully awarded, at which point all capacity is deemed to be fully awarded. ASC shall
evaluate and determine the best bid among those otherwise consistent with any terms and
conditions specified by the Releasing Customer as follows:
(a) ASC shall apply the standard or criteria for such determination specified by the
Releasing Customer, including the standard to be used for breaking ties. Any standard
or criteria so specified must be objective, economic, not unduly discriminatory, not
contrary to applicable provisions of this FERC Gas Tariff, applicable to all prospective
Replacement Customers and require ASC in applying such standard to exercise no more than
a ministerial function. The Releasing Customer shall indemnify and hold ASC harmless
from and against all demands, losses, claims, expenses, causes of action and/or damages
suffered or incurred by ASC arising out of or related to any determination of a
"best bid" pursuant to a standard specified, supplied, approved or provided by Releasing
Customer.
(b) In default of Releasing Customer specifying a bid evaluation standard, ASC shall determine
the bid or bids generating the highest net present value, using a 10% discount factor,
based on the rate bid (reservation or demand component), the applicable quantity(ies) and
term or period bid upon. In default of Releasing Customer specifying a method to break
ties priority will be given first to the bid with the shortest term, and next to the bid
submitted first in time.