Steckman Ridge, LP
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective
Original Sheet No. 237 Original Sheet No. 237
GENERAL TERMS AND CONDITIONS
(Continued)
5. CAPACITY RELEASE (continued)
5.8 Best Bid. When Steckman Ridge makes awards of capacity for which
there have been multiple bids meeting minimum conditions, Steckman
Ridge shall award the bids, best bid first, until all offered
capacity is awarded; provided, however, that in the event that
both a contingent bid and a non-contingent bid meet the minimum
conditions stated in Section 5.2(l) above and generate the "best
bid", Steckman Ridge shall reject the contingent bid, even if the
bid with no contingencies was received later in time. The
capacity being awarded represents the Maximum Daily Delivery
Obligation, Maximum Daily Injection Quantity, Maximum Daily
Receipt Obligation, Maximum Daily Withdrawal Quantity, and 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. Steckman Ridge shall evaluate and determine the best bid
among those otherwise consistent with any terms and conditions
specified by the Releasing Customer as follows:
(a) Steckman Ridge 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 Steckman Ridge in applying
such standard to exercise no more than a ministerial
function. The Releasing Customer shall indemnify and hold
Steckman Ridge harmless from and against all demands,
losses, claims, expenses, causes of action and/or damages
suffered or incurred by Steckman Ridge 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) Steckman Ridge shall evaluate bids in accordance with the
bid evaluation method identified, pursuant to Section 5.2(f)
of these General Terms and Conditions, in the Releasing
Customer's offer to release capacity.
(1) If there is only one valid bid, Steckman Ridge shall
award the capacity to the bidder that submitted such
bid, subject to any Prearranged Customer's exercise of
its matching rights.
(2) If there is more than one valid bid, then, subject to
any Prearranged Customer's exercise of its matching
rights, Steckman Ridge shall award the capacity to the
bidder whose bid yields the highest value based on the
bid evaluation method specified in the Releasing
Customer's offer to release capacity, taking into
account the price, volume and term of the bid, as
applicable. If more than one bid yields the same
value under this subsection (2), Steckman Ridge shall
award the capacity according to the method specified
in the Releasing Customer's offer to release capacity
as a means for awarding the released capacity among
multiple equal bids ("Tie Break Method").