Panther Interstate Pipeline Energy, L.L.C.
Original Volume No. 1
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Effective Date: 02/01/2004, Docket: CP03-338-001, Status: Effective
Original Sheet No. 29 Original Sheet No. 29 : Effective
(a) Transporter shall post the capacity for bidding on its
Internet web site at least 60 days prior to the termination
of the FT Agreement. The capacity will remain posted on
Transporter's Internet web site for a minimum of 10 days.
Such posting shall contain the following information with
respect to the capacity:
(i) daily and other applicable quantity limitations of
capacity available;
(ii) primary receipt and delivery points;
(iii) maximum reservation charge as set forth in this
Tariff;
(iv) any applicable restrictions; and
(v) the last day of the Bidding Period.
(b) Bids shall be submitted to Transporter in writing, in
accordance with the communication procedures set forth in
Section 16 of these General Terms and Conditions. Such bids
shall be binding on Bidder. Upon conclusion of the Bidding
Period, Transporter shall evaluate the bids in accord with
the net present value formula set forth in Section 11 for
firm transportation service for the evaluation of bids under
Transporter's capacity release mechanism; provided that the
term used for purposes of the formula will be the term
proposed by the Bidder and provided further that Transporter
shall have no obligation to accept a bid for less than the
filed maximum reservation rate.
(c) Within seven (7) Business Days of the close of the Bidding
Period, Transporter shall notify Shipper of the acceptable
bid, if any, having the highest present value to Transporter
("Highest Bid"). Shipper shall have five (5) Business Days
after receiving notice to notify Transporter in writing as
to whether it will match the Highest Bid acceptable to
Transporter. Shipper's notification of its election to match
the Highest Bid is contractually binding on Shipper. If the
Shipper elects to match the Highest Bid, then it must
execute a new FT Agreement that contains the terms of that
Highest Bid, within five (5) Business Days after such
agreement is tendered by Transporter; provided, however,
that Shipper shall not be required to pay any rate higher
than the maximum applicable rate.