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