Tennessee Gas Pipeline Company

FIFTH REVISED VOLUME NO. 1

 Contents / Previous / Next / Main Tariff Index

Effective Date: 06/01/2008, Docket: RP08-338-002, Status: Effective

2nd Sub Thirteenth Revised Sheet No.405C 2nd Sub Thirteenth Revised Sheet No.405C

Superseding: Thirteenth Revised Sheet No. 405C

GENERAL TERMS AND CONDITIONS (continued)

bidder, if any, on the basis of the next highest NPV. As provided in

Section 5.4, if Transporter determines that no other bid is acceptable,

or if such Replacement Bidder rejects Transporter's offer made as a

result of said failure of the Successful Bidder to execute a Service

Agreement, the Successful Bidder shall remain liable for the capacity

requested in the bid based upon the rates, terms and other conditions

proposed therein and accepted by Transporter on the basis of the

electronic contract executed by Transporter on PASSKEY. Similarly, until

a written Service Agreement with a Replacement Bidder is executed, the

Successful Bidder shall remain liable for the capacity pursuant to the

electronic contract.

5.6 Tiebreaker

If more than one bid has the same NPV, Transporter shall determine the

Successful Bidder based on the commodity rates bid by the equal bidders.

In that analysis, any commodity rate bid above the applicable maximum

commodity rate shall be deemed equal to the applicable maximum commodity

rate. If the commodity rates are equal or are deemed equal, Transporter

shall determine the Successful Bidder by the order in which the bids are

received by Transporter. Bids received by facsimile will be deemed

received at the time noted on the Transporter's facsimile transmission

sheet. In addition, if several bidders for minimum size packages of

capacity have, combined, the same NPV as a singular Bidder for a larger

size package, the Bidder for the larger size package will be the

Successful Bidder.

5.7 Change of Primary Points

A request for a change of primary point under Section 4.7 of Rate

Schedule FT-A, Section 4.1 of Rate Schedules FT-GS or FT-G, Section 4.6

of Rate Schedule NET 284 or Section 4.6 of Rate Schedule FT-BH or Section

4.6 of Rate Schedule FT-IL shall automatically be deemed the first-in-

time bid for purposes of the subsequent open season with an NPV of zero

except if the applicable reservation charges for the service have changed

to create a positive NPV. If more than one request for change of primary

point(s) is received, the first-in-time bid shall be determined by the

order in which the requests are received by Transporter. Notwithstanding

this Section 5.7, an open season for a change of primary points for

available capacity on Transporter's system posted as generally available

shall not be required

(i) when the change is necessitated by the proposed

abandonment of facilities associated with a Shipper's

primary point or points unless otherwise required by

Transporter; or

(ii) upon mutual agreement of Transporter and Shipper when the

proposed change would result in an NPV of zero

(collectively, "Open Season Exceptions").

Before Transporter may utilize one of the Open Season Exceptions to

effectuate a change in primary point(s) for a Shipper, any other

previously received expression(s) of interest in the same capacity must

first be addressed in accordance with this Section 5.