B-R Pipeline Company

Original Volume No. 1

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Effective Date: 05/01/2004, Docket: RP04-224-000, Status: Effective

Original Sheet No. 117 Original Sheet No. 117 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

22. AVAILABLE CAPACITY (Continued)

 

22.4 Awarding (Continued)

 

(c) Transporter will break ties and determine the winning bid(s) by

providing each of the tying bidders an opportunity to improve their

bids by submitting closed bids via facsimile within 24 hours of

notification by Transporter. If a tie still exists, Transporter

will allocate the available capacity on a pro rata basis to each

tying bidder that has indicated in its bid a willingness to accept

a proportionate share of such capacity. A bid to pay the maximum

rate as it may vary from time to time for a given term will be

deemed superior to a bid to pay a specified dollar rate which is

equal to the Maximum Currently Effective Rate.

 

(d) Transporter will not disclose the identity of the bidder making

the best bid. If the best bid is a contingent bid, Transporter

will notify the bidder making the best bid within five (5) business

days following the bid close date. That bidder will have five (5)

business days following such notification to satisfy or waive the

contingency for bids of six (6) months or longer and one (1)

business day following such notification to satisfy or waive the

contingency for bids for less than six (6) months, or Transporter

may disregard such bid.

 

(e) After the incremental economic value of each bid has been

determined, and if the capacity to be allocated to the highest

bidder would not result in awarding all of the available capacity,

then Transporter, subject to Sections 22.5 and 22.6, may award the

remaining capacity based on the incremental economic value of each

bid, from highest economic value to lowest economic value, with the

process of awarding capacity to bidders continuing until all of the

capacity has been awarded or until all valid bids have been

accepted.

 

(f) For any capacity offered under this Section 22, the successful

bidder(s) and Transporter will execute a new service agreement or

amendment prior to the commencement of service which confirms the

terms of the accepted bid(s) for the available capacity.

 

(g) Capacity that is not awarded at the end of the aggregate bid

and award period will be available on a first-come, first-served

basis using facsimile time stamps,