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