Transwestern Pipeline Company, LLC

Third Revised Volume No. 1

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

First Revised Sheet No. 175 First Revised Sheet No. 175 : Effective

Superseding: Original Sheet No. 175

 

GENERAL TERMS AND CONDITIONS

(continued)

 

 

 

 

B. Procedures for Bidding on a Pre-arranged Deal

 

1. Third Party Bid: Any third party may submit a bid for the released capacity by offering a

better bid than the posted bid for said capacity, with rates not to exceed the maximum rate

which may be collected by Transporter.

 

2. Third Party Obligation: Any third party bid shall be identical to the pre-arranged deal,

excluding those terms which are subject to bidding as set forth in the offer to release

capacity.

 

3. Bid Evaluation: Subject to the Pre-Arranged Shipper's posting and bidding procedure,

capacity shall be allocated to such third party (or parties, if the winning bids are for

portions of the total capacity available) submitting the best bid, as determined by

Transporter, based upon the Releasing Shipper's criteria. In the event two or more third

parties submit equivalent best bids, as determined by Transporter, based upon the Releasing

Shipper's criteria and such bids are for more than the total available capacity, the capacity

shall be allocated by means of any non-discriminatory, objective standard designated by

Releasing Shipper, and included in the offer to release capacity (or, if no designation, then

by means of a pro rata allocation).

 

4. Pre-Arranged Shipper posting and bidding procedure: In the event a third party(ies) submits

a better bid than the Pre-Arranged Shipper, Transporter shall communicate, in accordance with

Section 30.4, to the Pre-Arranged Shipper, that a third party(ies) has submitted a better

bid. The Pre-Arranged Shipper shall have the right to match said offer during the minimum

time period set forth in Section 30.4.

 

If the Pre-Arranged Shipper chooses to match the better bid, then Transporter shall allocate

said capacity to the Pre-Arranged Shipper. In the event the Pre-Arranged Shipper declines to

match the better bid, the Pre-Arranged Shipper shall have no further right to said capacity,

and Transporter shall assign said capacity to the successful bidding third party(ies).