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. 88 Original Sheet No. 88 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

23. CAPACITY RELEASE (Continued)

 

23.6 Best Bid (Continued)

 

(a) Total Peaking 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 potential Replacement Customers and require

Total Peaking in applying such standard to exercise

no more than a ministerial function. The Releasing

Customer shall indemnify and hold Total Peaking

harmless from and against all demands, losses,

claims, expenses, causes of action and/or damages

suffered or incurred by Total Peaking 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, Total Peaking 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.

 

23.7 Qualification of Prospective Replacement Customer. A prospective

Replacement Customer must satisfy all requirements of the

applicable rate schedule and the General Terms and Conditions of

this FERC Gas Tariff. Prior to submitting a bid pursuant to this

section, a bidder must pre-qualify as a prospective Replacement

Customer by submitting a credit application as provided for in

Section 3.2 of these General Terms and Conditions specifying that

the submission is for the purpose of pre-qualifying to submit

bids on released capacity. Total Peaking will apply its

creditworthiness criteria to assess the submissions.