American Midstream (Midla), LLC

Sixth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-483-000, Status: Effective

Original Sheet No. 136 Original Sheet No. 136

 

the bona fide bids the "Best Bid," and shall forward the relevant terms of the "Best Bid" to

Customer whose long-term firm Service Agreement is being terminated by Pipeline. If

Customer elects to match the "Best Bid," the Customer shall be entitled to continue to

receive service under a long-term firm Service Agreement which reflects the matching

of the relevant terms of the "Best Bid." If Customer does not elect to match the "Best

Bid," Customer's existing long-term firm Service Agreement shall be terminated and

Pipeline shall be deemed to have all necessary abandonment authorization under the

NGA. A "Best Bid" shall be the bid which generates the highest net present value for the

time period of the release. If no Potential Customer offers the maximum rate for the full

term of the bid, the "Best Bid" shall be that bid which Pipeline determines, in its

reasonable discretion, is likely to maximize Pipeline's revenue earning potential. If more

than one Potential Customer submits the "Best Bid," the available capacity will be

awarded to the Potential Customer who submitted the "Best Bid" first in time.

 

(d) Upon notification from Pipeline of the relevant terms of the "Best Bid," Customer

shall have three (3) Business Days to notify Pipeline whether Customer is willing to

match the "Best Bid." Failure to notify Pipeline by written notice or through the EBB

system within three (3) Business Days after notification will result in a waiver of

Customer's right to match the "Best Bid." In order to match the "Best Bid," Customer

must agree to a rate equal to the