Transwestern Pipeline Company, LLC

Third Revised Volume No. 1

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Effective Date: 11/01/2004, Docket: RP05- 14-000, Status: Effective

Original Sheet No. 52 Original Sheet No. 52 : Effective

 

RATE SCHEDULE FTS-1

Firm Transportation Service

(continued)

 

I. Transporter will present Shipper with the acceptable bid(s) ranked in order of highest present

value. In the event the Shipper chooses to match the price and term of one or more of the acceptable

bid(s) as to the entire quantity or any partial quantity, then Transporter and Shipper shall execute

a new Service Agreement containing such terms. If such Shipper matches and retains only a partial

quantity of one or more of the acceptable bid(s), the remainder of the capacity shall be allocated

to the winning third-party(s) at its(their) bid price(s) unless the winning third-party(s) specified

an unwillingness to accept a partial quantity. In the event the Shipper declines to match one or

more of the acceptable bid(s), then Transporter shall execute the Service Agreement(s) previously

submitted by the third party containing such terms; thereafter, Shipper shall have no further right

to said capacity, and Transporter's obligation to perform the transportation service for Shipper

shall be extinguished and abandoned.

 

J. In the event that no third-party(s) submit(s) an acceptable bid(s) for the available capacity or if

third-party(s) submit acceptable bids for only a partial quantity, then with respect to such

available capacity for which there are no acceptable bids, the firm Shipper, if it agrees to pay the

maximum rate, may continue the transportation service for any term it chooses for the entire

quantity or any partial quantity, or may receive continued service at a mutually agreeable rate.

 

K. Notwithstanding any other provision of this Section 13, unless Transporter has presented to the firm

Shipper in writing acceptable bid(s) for matching, Transporter shall not be required to accept a

bid, nor to execute a service agreement, containing a rate less than the maximum rate. Transporter

shall indicate whether it is willing to accept bids at less than the maximum rate in the notice

posting the available capacity.

 

14. GENERAL TERMS AND CONDITIONS

 

The General Terms and Conditions of this Tariff are hereby incorporated into and made a part of this

Rate Schedule except for Sections 11.3 and 34.