Trailblazer Pipeline Company
Fourth Revised Volume No. 1
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Effective Date: 12/28/2007, Docket: RP08-168-000, Status: Effective
Original Sheet No. 219 Original Sheet No. 219 : Effective
GENERAL TERMS AND CONDITIONS
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(d) Within fifteen (15) days after receipt of a notice
under Section 21.2(b), Trailblazer shall post on the Informational
Postings portion of its Interactive Website an Announcement of
Capacity Availability Subject to Right of First Refusal (Capacity
Announcement) which shall: (1) specify the original Shipper's service
rights; (2) indicate the availability of such service as of the date
the existing Agreement expires, subject to the Right of First Refusal;
(3) state the maximum rate applicable to such service; (4) set out any
other information required by this Section; and (5) solicit bids for
such service. Such Capacity Announcement shall be maintained, and bids
accepted via the Interactive Website, for a period of one (1) month
from the initial posting.
(e) (1) Within one (1) week after the end of the one
month period during which the Capacity Announcement is posted,
Trailblazer shall convey to the original Shipper a term sheet for the
best bid (based on price and term) which would qualify for such
service in all respects (including meeting applicable credit
criteria), which is a bona fide bid and which Trailblazer is willing
to accept. Trailblazer may, but is not required to, accept any bid
which reflects a discount from the applicable maximum rate. In
assessing which is the best bid if more than one bid is received,
Trailblazer shall apply the same criteria as are utilized to evaluate
bids under the Capacity Release Program (except that contract terms in
excess of ten (10) years shall not increase the value of any bid). If
a bid is received for a Negotiated Rate or Negotiated Rate Formula
pursuant to Section 38 of these General Terms and Conditions, the
value of the bid shall be assessed utilizing the Recourse Rate in lieu
of the Negotiated Rate or Negotiated Rate Formula consistent with said
Section 38.
(2) Trailblazer's term sheet shall contain any
and all terms of the bid but shall not identify the bidder;
provided, however, such bid sheet shall indicate if the best bid
was submitted by an affiliate of Trailblazer. Except for the
providing of such term sheet to the original Shipper, all terms
and conditions of any bid and the identity of the bidder shall
remain confidential; provided that the Commission may on request
have access to such information on a confidential basis.
(3) The original Shipper shall have two (2) weeks
to notify Trailblazer whether or not it desires to match the best
bid. To match the best bid, the original Shipper must agree to a
price (up to the applicable maximum rate or Recourse Rate) and a
term (up to ten (10) years) which at least equals the bid on all
or any portion of the service the original Shipper desires to