Caledonia Gas And Storage
First Revised Volume No. 1
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Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective
Original Sheet No. 70 Original Sheet No. 70
accordance with the provisions of this Section and determine the best
bid in accordance with the timelines set forth in Section 5.5 herein.
Caledonia shall notify Releasing Customer, the best bidder, and any
Prearranged Customer of such determination in accordance with the
timelines set forth in Section 5.5 herein. If there is a Prearranged
Customer, it may exercise its right to match such best bid by
providing written notice of such exercise to Caledonia and Releasing
Customer in accordance with the timelines set forth in Section 5.5
herein. After the Replacement Customer is selected, Caledonia will
finalize an appropriate Addendum to the Capacity Release Umbrella
Agreement in the form contained in this FERC Gas Tariff. Caledonia
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 Caledonia’s
System. Following implementation of the release, Caledonia shall post
notice of the winning bidder on the Internet Web Site.
5.8 Best Bid. When Caledonia makes awards of capacity for which there
have been multiple bids meeting minimum conditions, Caledonia 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. Caledonia shall evaluate
and determine the best bid among those otherwise consistent with any
terms and conditions specified by the Releasing Customer as follows:
(a) Caledonia 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 Caledonia applying
such standards to exercise no more than a ministerial function. The
Releasing Customer shall indemnify and hold Caledonia harmless from and
against all demands, losses, claims, expenses, causes of action and/or
damages suffered or incurred by Caledonia 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, Caledonia shall determine the bid or bids generating the
highest rate for service that Caledonia finds acceptable.
5.9 Qualifications of Replacement Customer.