Southeast Supply Header, LLC

Original Volume No. 1

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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective

Original Sheet No. 312 Original Sheet No. 312

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

25. CAPACITY RELEASE PROVISIONS (continued)

 

25.1 Procedure. (continued)

 

(l) Awarding of Capacity Available for Release. Capacity will

be awarded no later than 3:00 p.m. CT of the Day prior to

the Day nominations are due. The capacity available for

release shall be awarded to the Bidding Shipper with the

highest bid ("Best Bid") matching all terms and conditions

provided by the Releasing Shipper. If multiple bids meet

the minimum conditions stated in the Releasing Shipper's

Notice, Transporter shall award the capacity, best bid

first, until all offered capacity has been awarded. If

bids are received that do not match all the terms and

conditions provided by the Releasing Shipper, bids will be

evaluated by the criteria provided by the Releasing

Shipper. If no criteria are provided by the Releasing

Shipper, the Bidding Shipper bidding the highest present

value shall be awarded the capacity. Present value shall

be determined based on a 10% discount rate. The ultimate

awarding of capacity will be posted on the LINK® System by

3:00 p.m. CT on the Day prior to the Day nominations are

due. Unless the bidder was a contingent bidder and the

contingency did not occur, Transporter will tender an

Addendum, as described in Article 1 of the Capacity Release

Umbrella Agreement, to the winning bidder by 10:00 a.m. of

the Day nominations are due.

 

Transporter shall not award capacity release offers to the

Replacement Shipper until and unless the Replacement

Shipper meets Transporter's creditworthiness requirements

applicable to all services that it receives from

Transporter, including the service represented by the

capacity release.