Cheyenne Plains Gas Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 12/01/2004, Docket: CP03-302-004, Status: Effective
Original Sheet No. 326 Original Sheet No. 326 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
28. CAPACITY RELEASE PROGRAM (Contd.)
28.11 Awarding of Released Capacity. Released capacity shall be awarded in
accordance with this section.
(a) If a Bidding Shipper's bid satisfies all terms and conditions
specified in the Releasing Shipper's notice, including the
posted reservation rate, then the capacity shall be awarded to
such Bidding Shipper, and the Releasing Shipper shall not be
permitted to reject such bid. If such bid was submitted in an
open season relating to a prearranged release, capacity shall
be awarded as described in Section 28.11(h) hereof.
(b) Offers shall be binding until written or electronic notice of
withdrawal is received by Transporter (NAESB WGQ Standard
5.3.14). Releasing Shipper(s) may withdraw their offer of
release any time prior to the start of the open season, or
during the open season in the event of an unexpected change in
Releasing Shipper's need for the capacity being released
provided, however, that the Releasing Shipper may not withdraw
its offer of release, if bids have been received that meet the
minimum terms of the release. The Releasing Shipper may
withdraw its offer to release capacity in writing,
interactively via the EBB or via an electronic data
interchange (EDI) upload utilizing the NAESB WGQ Standard data
set. In summary, the Releasing Shipper has the right to
withdraw its offer during the bid period, where unanticipated
circumstances justify and no minimum bid has been made (NAESB
WGQ Standard 5.3.16).
(c) If more than one bid is received that is equal to or exceeds
all the minimum terms and conditions specified in the
Releasing Shipper's notice, then the Replacement Shipper(s)
shall be the Bidding Shipper(s) who offer(s) the highest bid,
based on the bid evaluation methods as posted by the Releasing
Shipper in its notice of release. Transporter shall evaluate
and rank all bids submitted during the open season. If
Bidding Shipper has made a bid based on a contingency and such
contingency has not been removed by the date and time
specified pursuant to the Timelines as described in Section
28.5 hereof, such bid shall be deemed withdrawn. If bids from
two or more Bidding Shippers result in bids of equal value,
then the capacity shall be awarded pursuant to Section
28.11(g) hereof.