NorAm Gas Transmission Company
Fourth Revised Volume No. 1
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Effective Date: 02/01/1995, Docket: RP94-343-000, Status: Effective
Original Sheet No. 281 Original Sheet No. 281 : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
19.5 Best Bid. Transporter shall evaluate and determine
the best bid among those otherwise consistent with
any terms and conditions specified by the releasing
Shipper as follows:
(a) Transporter shall apply the standard or criteria
for such determination specified by the
releasing Shipper, 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
Tariff, applicable to all potential replacement
Shippers and require Transporter in applying
such standard to exercise no more than a
ministerial function. The releasing Shipper
shall indemnify and hold Transporter harmless
from and against all demands, losses, claims,
expenses, causes of action and/or damages
suffered or incurred by Transporter arising out
of or related to any determination of a "best
bid" pursuant to a standard specified, supplied,
approved or provided by releasing Shipper.
(b) In default of releasing Shipper specifying a bid
evaluation standard, Transporter 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. In default of
releasing Shipper specifying a method to break
ties, priority will be given first to the bid
with the shortest term, and next to the bid
submitted first in time.
(c) Bids shall be solicited and submitted only as to
the reservation or demand component (and any
surcharges and other fixed costs applicable
thereto) of the applicable maximum rate.
Shipper cannot release capacity for an effective
price less than or greater than Transporter's
applicable minimum or maximum, respectively,
rates, as on file and in effect from time to
time. If releasing Shipper elects to allow bids