Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 02/26/2009, Docket: RP09-266-001, Status: Effective

First Revised Sheet No. 190 First Revised Sheet No. 190

Superseding: Original Sheet No. 190

 

GENERAL TERMS AND CONDITIONS

 

15. CAPACITY RELEASE BY FIRM SHIPPERS (Contd.)

 

15.5 CAPACITY RELEASE REQUIREMENTS

 

A. All terms and conditions relating to a release which is the

subject of a Capacity Release Request: (1) must be

nondiscriminatory and applicable to all potential bidders;

(2) must be made available to Transporter for posting; (3)

must relate to the details of acquiring or maintaining the

transportation Capacity rights on Transporter's System,

consistent with this Tariff and Order No. 712 which are the

subject of the release; and (4) must not place any

obligations or burdens on Transporter in addition to the

terms and conditions applicable to a Capacity release under

this Section 15 which are specified in Transporter's Tariff.

Any bid evaluation procedure elected by a Releasing Shipper

different from Transporter's bid evaluation procedure set

forth in Sections 15.10B through 15.10D must be objective,

nondiscriminatory in all circumstances and contain a

complete description of the bid evaluation procedure for

posting on Transporter's Interactive Website. Transporter

may require the Releasing Shipper to submit a working

computer program to Transporter in diskette form which is

compatible with Transporter's Interactive Website computer

which will enable Transporter to make such alternative bid

evaluation entirely through Transporter's Interactive

Website, prior to the time any alternative bid evaluation

procedure is requested, if such bid evaluation procedure is

not based on (1) highest rate; (2) net revenue; or (3)

present value as determined in Sections 15.10B(1) through

15.10B(4) (collectively referred to as "Acceptable

Alternative Bid Evaluation Procedure") and the remaining

procedures set forth in Sections 15.10C and 15.10D. If the

Releasing Shipper elects a bid evaluation procedure that

differs from Transporter's bid evaluation procedure or the

Acceptable Alternative Bid Evaluation Procedure and the

remaining procedures set forth in Sections 15.10C and

15.10D, Transporter shall not be held to the subsequent

deadlines set forth in this Section 15, but Transporter

shall make a reasonable attempt to adhere to such deadlines.

Transporter shall publish standards relating to such

computer diskettes, but it is the responsibility of the

Releasing Shipper to develop and provide the working

computer diskette. The Releasing Shipper shall warrant that

the computer diskette conforms to the bid evaluation

procedure in the Capacity Release Request.