Horizon Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 02/22/2009, Docket: RP09-246-000, Status: Effective

Second Revised Sheet No. 173 Second Revised Sheet No. 173

Superseding: First Revised Sheet No. 173

 

GENERAL TERMS AND CONDITIONS

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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 15.10(b)(1) through 15.10(b)(4) (collectively referred to as

"Acceptable Alternative Bid Evaluation Procedure") and the remaining

procedures set forth in Sections 15.10(c) and 15.10(d). If the

Releasing Shipper elects a bid evaluation procedure that differs from

Horizon's bid evaluation procedure or the Acceptable Alternative Bid

Evaluation Procedure and the remaining procedures set forth in

Sections 15.10(c) and 15.10(d), Horizon shall not be held to the

subsequent deadlines set forth in this Section 15, but Horizon shall

make a reasonable attempt to adhere to such deadlines. Horizon 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.

 

(b) The term of any release of capacity sought under

this Section 15 shall be at least one full day and shall not exceed

the remaining term of the Eligible Firm Transportation Agreement.

 

(c) The quantity sought to be released under a Capacity

Release Request shall not be less than the minimum quantity required

for the Eligible Firm Transportation Agreement under Horizon's Tariff.

 

(d) (1) No capacity release under this Section 15 shall

result in an increase in the total capacity set forth in the Eligible

Firm Transportation Agreement with the Original Shipper for any

segment of a path covered by such Eligible Firm Transportation

Agreement. Segmented releases are subject to Section 7.14 of these

General Terms and Conditions. If the capacity release is for a

segment, then a break point must be designated. The break point must

be a physical location on the original path.

 

(2) The commodity and reservation charges applicable

to deliveries to and from newly created path endpoints as a result of

a path segment release shall be determined in accordance with the

General Terms and Conditions of this Tariff.

 

(3) Unless otherwise agreed, in no event shall any

negotiated rate which is less than the recourse rate apply to overrun

quantities. In the event that, on any day, Shipper segments a portion

of its capacity (whether as a result of capacity release or

otherwise), then with respect to such segmented capacity, Shipper

shall pay on such day the higher of its negotiated rate hereunder or

Horizon's then effective maximum recourse rate; provided, for