Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective

Original Sheet No. 87 Original Sheet No. 87 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

23. CAPACITY RELEASE (Continued)

 

23.5 Bidding and Selection of Replacement Customer. (Continued)

 

provisions of this section and determine the best bid by

3:00 p.m. on the day before nominations are due. Total

Peaking shall notify Releasing Customer, the best bidder,

and any pre-arranged designated Replacement Customer of

such determination by 4:00 p.m. on the day before

nominations are due. Upon such notice by the prearranged

designated Replacement Customer, or expiration of the

period during which it may match the best bid (or, if not

applicable, the notice required at the close of the bid

period shall suffice), the chosen Replacement Customer then

shall execute promptly a service agreement pursuant to the

applicable rate schedule covering the released capacity for

the period of the release. To expedite the implementation

and utilization of released capacity, Releasing Customer

may require bidders, or bidder may do so on its own accord,

to submit with its bid duplicate originals, executed on

behalf of the prospective Replacement Customer, of a

service agreement (Total Peaking will make such documents

available to any bidders which so request) with express

consent and approval for Total Peaking, if that bidder is

selected as the Replacement Customer, to prepare and deem

effective the applicable exhibits to said service agreement

to incorporate the terms of the bid and release, and

thereby legally bind Replacement Customer upon execution by

Total Peaking alone. Following implementation of the

release, Total Peaking shall post notice on its TBB of the

winning bidder.

 

23.6 Best Bid. When Total Peaking makes awards of capacity for which

there have been multiple bids meeting minimum conditions, Total

Peaking shall award the bids, best bid first, until all offered

Daily Liquefaction Volume, Daily Withdrawal Volume or Storage

Capacity is awarded. Total Peaking shall evaluate and determine

the best bid among those otherwise consistent with any terms and

conditions specified by the Releasing Customer as follows: