Arkansas Western Pipeline Company
First Revised Volume No. 1
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Effective Date: 12/01/1993, Docket: CP92-570-005, Status: Effective
Original Sheet No. 21 Original Sheet No. 21 : Superseded
14.4 To be a valid bid, the potential customer must provide all
information in the format contained in the applicable
Section 4 of Rate Schedule FTS or Section 3 of Rate Schedule
ITS of Transporter's Tariff, Original Volume No. 1. In
addition, the potential shipper must pay Transporter a bona
fide prepayment equal to the lesser of ten thousand dollars
($10,000.00) or one (1) month's prepayment of the Monthly
Demand Charge determined based on the potential shipper's
requested price and the desired contractual quantity. If
such potential shipper's bid is accepted by Transporter and
is not matched by the existing Shipper then, upon
commencement of service, the bona fide prepayment shall be
credited to such potential shipper's initial invoice for
such service rendered. If potential shipper's bid is
matched or if the potential shipper fails to satisfy all of
Transporter's tariff provisions governing Shipper
eligibility, Transporter will refund the potential shipper's
bona fide prepayment. The bona fide prepayment will not be
refunded if the bid is withdrawn by the potential shipper.
Transporter may reject all bids which would require
Transporter to discount below a rate and discount term
agreeable to Transporter, such rejections shall be made in
a nondiscriminatory manner.
14.5 Transporter shall review all bids from potential shippers
received pursuant to subsection 14.3 which have not been
rejected by Transporter, to determine which bid is the "best
bid." For purposes of this Section, the "best bid" shall be
the bid which yields to Transporter the highest net present
value. Net present value shall be calculated on the basis
of the present value of the Monthly Demand Charge per unit
to Transporter. Such net present value shall be determined
by discounting the per unit amount using a discount rate
equal to Transporter's allowed overall rate of return
applied over the term of potential shipper's bid. In
determining which bid is the best bid, the "bid cap" for the
term of the bid shall be ten (10) years.
14.6 Upon receipt from Transporter of the "best bid", Shipper
shall have the right for a thirty (30) day period in which
to notify Transporter whether the Shipper is willing to
match the "best bid." Failure to notify Transporter within
said thirty (30) day period constitutes a non-revocable
waiver of Shipper's right to match the "best bid." In order
to match the "best bid", the Shipper, at the Shipper's
option, may elect either to agree to a rate equal to the
rate set forth