Cove Point LNG Limited Partnership
Second Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 11/01/2000, Docket: RP00-572-000, Status: Effective
First Revised Sheet No. 111 First Revised Sheet No. 111 : Effective
Superseding: Original Sheet No. 111
GENERAL TERMS AND CONDITIONS
(Continued)
4. BIDDING FOR AVAILABLE FIRM SERVICE (Continued)
(c) Assessing Bids and Awarding Capacity. Operator shall evaluate bids based upon their
net present value as set forth below, taking into account the price and primary term
offered. Operator shall use the current Commission-approved interest rate in
calculating the net present value of bids. Capacity shall be awarded based on the
acceptable highest value of the bids offered to Operator calculated in accordance with
this Section. Operator shall post the winning bids on its EBB.
(d) Pro Rata Awards to Equal Bidders. If two or more bidders, including the current
holder of the capacity subject to bid, submit acceptable highest value bids of equal
value, as calculated pursuant to paragraph (c) above, Operator shall award the
capacity first to the current holder of the capacity. If the current holder of the
capacity (i) is not among the bidders submitting equivalent highest value bids, (ii)
does not require all of the capacity subject to bid; or (iii) fails to execute a
Service Agreement after being awarded the capacity, any available capacity shall be
awarded on a pro rata basis to all bidders that submitted equivalent highest value
bids.
(e) Adjustment to Bid Rate. When the rate bid by a Bidder for service is at the Maximum
Base Reservation Charge for service under the applicable Rate Schedule, that bid rate
shall be subject to adjustment in accordance with the provisions of this Tariff and
shall be no more than the currently effective rate specified on the Currently
Effective Rates sheet of this Tariff.
(f) Short-Term Firm Service Agreements. Upon the termination of any firm Service
Agreement having a term of less than one year, the capacity associated with such
terminated Service Agreement shall be made available for bidding under the procedures
described in this Section 4, provided that: (i) the capacity is not previously
committed under the terms of this Tariff; and (ii) facility capacity remains
available.
(g) Long-Term Service Agreements/Right of First Refusal. If Buyer's long-term Service
Agreement does not extend according to its terms, Buyer may continue service upon
termination of that Service Agreement by (i) agreeing to match the highest value bid
offered to Operator for Buyer's firm service, or any portion thereof, through the
bidding process described in this Section 4; and (ii) executing a new Service
Agreement incorporating the new rate and term. A Buyer is eligible for a right of
first refusal if the Buyer is receiving firm service at the maximum applicable rate
pursuant to a Service Agreement with either (1) a term of service of at least twelve
consecutive months or (2) for a service which is not available for 12 consecutive
months, a contract term of more than one year. A Buyer is eligible for a right of
first refusal if the Buyer is receiving firm service at less than the maximum
applicable rate pursuant to a Service Agreement that meets the foregoing term criteria
and was executed prior to March 26, 2000; however, the right of first refusal will not
apply to any re-executed Service Agreement not at the maximum applicable rate. If
Buyer intends to exercise its right of first refusal as described herein, Buyer shall
notify Operator through Operator's EBB or facsimile transmission of that intent not
less than ninety (90) days before the termination date of its Service Agreement.
(i) In the event that Buyer provides Operator with a 90-day notice of intent to
exercise its right of first refusal, Operator shall promptly post on its EBB
the information described in Paragraph (a). Not later than sixty (60) days
prior to the termination of such Service Agreement, and for thirty (30) days
thereafter, Operator shall begin accepting bids from any prospective Buyer,
including prospective Buyers that already have submitted requests for service
for all or a portion of the service rights under the existing Buyer's long-term
Service Agreement.