Transwestern Pipeline Company, LLC

Third Revised Volume No. 1

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Effective Date: 10/23/2006, Docket: RP06-604-000, Status: Effective

Original Sheet No. 134A Original Sheet No. 134A : Effective

 

 

GENERAL TERMS AND CONDITIONS

(continued)

 

 

 

20.10 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.

 

20.11 In the event that no third-party(s) submit(s) an acceptable bid(s) for the available

capacity or if a third-party(s) submits an acceptable bid(s) 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, volume and

term.

 

20.12 Notwithstanding any other provision of this Section 20, 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.