Mississippi Canyon Gas Pipeline, LLC
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 03/01/2009, Docket: RP09-329-001, Status: Effective
Substitute Third Revised Sheet No. 128 Substitute Third Revised Sheet No. 128
Superseding: Second Revised Sheet No. 128
GENERAL TERMS AND CONDITIONS (cont'd)
19.6 Offer and Bid Procedures - (cont'd)
(d) Prearranged Release: A RELEASING SHIPPER must identify in
its Offer any prearranged ACQUIRING SHIPPER. Such ACQUIRING
SHIPPER must meet all of the requirements established for
bidders pursuant to subsection 19.6(e) and the prearranged
ACQUIRING SHIPPER shall submit its bid, if required, in
accordance with subsections 19.6(f)-(g). If the prearranged
ACQUIRING SHIPPER tenders a bid for the offered capacity
which is (a) a Prearranged Release for the maximum charge
applicable to the capacity being released provided that the
release term is more than one Year; (b) a Short-term
Prearranged Release (31 Days or less); (c) a release to an
asset manager (AMA), as defined by FERC regulations at 18
CFR 284.8; or (d) releases to a marketer participating in a
state-regulated retail access program), as defined by FERC
regulations at 18 CFR 284.8, and that bid is for the full
capacity and term offered by the RELEASING SHIPPER and
satisfies all of the requirements of subsections 19.6(e)-
(g), that bid shall be deemed the "best bid". Transporter
shall post on its Interactive Internet Website by 9:00 a.m.
CCT the day of nomination the identity of the prearranged
ACQUIRING SHIPPER, and the terms upon which the capacity was
released for informational purposes only.
In all other situations, including prearranged releases
that are greater than 31 days, the prearranged ACQUIRING
SHIPPER's bid shall constitute the minimum bid price for
all other bidders, and shall be posted on the RELEASING
SHIPPER's Offer as such. If Transporter does not receive
any better bid meeting the essential terms of RELEASING
SHIPPER's Offer by the end of the posting period, the
prearranged ACQUIRING SHIPPER's bid shall be deemed the
best bid. If Transporter does receive a better bid meeting
the essential terms of RELEASING SHIPPER's Offer by the end
of the posting period, the prearranged ACQUIRING SHIPPER
shall have the right to match the terms of the better bid,
provided the prearranged ACQUIRING SHIPPER gives notice to
Transporter pursuant to Sections 19.9 and 19.10 that it
will match the essential terms of the better bid. If the
prearranged ACQUIRING SHIPPER's bid matches the better bid,
the prearranged ACQUIRING SHIPPER shall be deemed to have
made the best bid.
"Essential terms" for all purposes of Section 19.6 for bids
or for the matching of any bid shall be determined solely by
the RELEASING SHIPPER consistent with the terms posted by
the RELEASING SHIPPER for such bids or the matching of any
such bid. In the event of a dispute with respect to whether
a bid has met the essential terms posted by RELEASING
SHIPPER or whether prearranged ACQUIRING SHIPPER has matched
a bid, Transporter shall bear no liability. Where a dispute
arises with respect to a