Centerpoint Energy - Mississippi River

Third Revised Volume No. 1

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Effective Date: 01/21/2008, Docket: RP08-135-000, Status: Effective

Fifth Revised Sheet No. 185 Fifth Revised Sheet No. 185 : Effective

Superseding: Fourth Revised Sheet No. 185

GENERAL TERMS AND CONDITIONS

(Continued)

 

15. TERMINATION OF SERVICE/RIGHT OF FIRST REFUSAL (Continued)

 

(b) a prepayment of the lesser of $10,000 or the total of two

(2) months reservation charges for the amount of capacity bid upon,

which shall be credited to the bona fide bidder's service if it

contracts for the capacity, or which will be refunded with interest

calculated in accordance with the Commission's regulations if the bona

fide bidder is not awarded the capacity.

 

15.5 MRT shall evaluate all bona fide bids submitted for all or part of

the available firm capacity applying the same economic standard as MRT

utilizes to evaluate bids under the Capacity Release Program, provided that

for ROFR purposes, Section (iv) and (v) of Section 14.7(c)(i) shall not be

utilized. MRT will not be obligated to provide firm service or accept any bid

at less than MRT's maximum applicable tariff rate(s).

 

15.6 If two or more bona fide bids qualify as the best bid, then MRT

will select the first bid received as the bid that the existing capacity

holder must match. If two or more bona fide qualifying bids are received by

MRT at the same time, MRT shall use a lottery to select the bid that the

existing capacity holder exercising its right of first refusal must match. An

existing capacity holder may have to match more than one bid if each bid is

for only part of the existing capacity holder's capacity.

 

15.7 If MRT determines that the best bid is acceptable, then MRT shall

notify the firm capacity holder that elected to exercise its right of first

refusal in writing or electronically via the Internet at least thirty (30) days

before the expiration of its firm Service Agreement of the best bid(s), as

determined pursuant to Section 15.5, it must match in order to retain all or

part of its capacity. MRT shall also post on its Internet web site the best

bid(s), or MRT shall post that no acceptable bid(s) were received by MRT for

the available capacity. The firm capacity holder must respond in writing to

MRT's notice of the best bid(s) and elect whether or not to match the competing

bid(s) within fifteen (15) days of receipt of MRT's notice under this

provision. Upon thirty (30) days' notice via a posting on MRT's Internet web

site, MRT may require that such response and election be provided to MRT

electronically via the Internet. If the existing firm capacity holder agrees

to match the best bid(s), MRT shall tender a Service Agreement in the

applicable format as described in Section 2.7 of the General Terms and

Conditions above, for the firm capacity identical to the best bid(s) matched.

The