Westgas Interstate, Inc.
First Revised Volume No. 1
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Effective Date: 03/06/2009, Docket: RP09-342-000, Status: Effective
Second Revised Sheet No. 76 Second Revised Sheet No. 76
Superseding: First Revised Sheet No. 76
GENERAL TERMS AND CONDITIONS
23. CAPACITY RELEASE PROGRAM (Continued)
23.10 AWARDING OF RELEASED CAPACITY – Released
capacity shall be awarded pursuant to the objective,
non-discriminatory evaluation methodology established
by the Releasing Shipper pursuant to Sections 23.4
and 23.5 above. If the Releasing Shipper's notice of
released capacity does not specify such a bid
evaluation methodology, released capacity shall be
awarded by Transporter in the following manner:
(a) If Bidding Shipper submits a bid to acquire
the released capacity at the maximum reservation
rate for a term of more than one year and agrees
to all terms and conditions specified in the
Releasing Shipper's notice of release, then the
capacity shall be awarded to such Bidding
Shipper, and the Releasing Shipper shall not be
entitled to reject such bid. If more than one
such bid is received, the capacity shall be
awarded as set forth in Section 23.10(c) hereof.
The Releasing Shipper shall not be entitled to
reject any bid so selected.
(b) If no bid is received that conforms
completely to the rate(s) and all the terms and
conditions specified in the Releasing Shipper's
notice submitted pursuant to Sections 23.4 and
23.5 above, then the Transporter shall be
responsible, within the time periods set forth
in Section 23.8 above, for selecting the Bidding
Shipper(s) who offer(s) the highest bid. The
highest bid shall be based on the net present
value of the reservation charge and the term of
service, not to exceed the unexpired term of the
Releasing Shipper's Transportation Service
Agreement. Transporter shall use the rate of
return on equity in Transporter's then-effective
rates in the net present value computation.
However, if any bid contains conditions, such
conditions must either be satisfied or removed
prior to the close of the specified bid period.
If the contingency is not