Texas Eastern Transmission, L P
Seventh Revised Volume No. 1
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Effective Date: 11/16/2009, Docket: RP10-53-000, Status: Effective
Second Revised Sheet No. 521 Second Revised Sheet No. 521
Superseding: Sub First Revised Sheet No. 521
GENERAL TERMS AND CONDITIONS
(Continued)
(10) In addition to the procedures set forth in this Section 3.11(A), Pipeline
shall have the right, but shall not be obligated, from time to time to hold
open seasons for potential expansion projects or for available capacity for
which no request has been received. During any such open season, Pipeline
shall allocate the capacity subject to such open season on the basis of the
highest net present value to Pipeline, as determined pursuant to the method
described in Section 3.11(A)(1). In this connection, to the extent
Pipeline has available unsubscribed capacity, Pipeline reserves the right,
but shall not be obligated, to reserve such capacity for a future expansion
open season provided that any such open season is conducted by the later of
one (1) year from the date Pipeline posts such capacity as being reserved
or the date such reserved capacity actually becomes available for use.
(B) Pipeline will post available capacity before it provides such information to any
potential Customer.
(C) Pipeline reserves the right to reject any request for service (i) at less than
maximum rate, (ii) which may detrimentally impact the operational integrity of
Pipeline's system, (iii) which does not satisfy all the terms of a specific
posting and/or (iv) which contains terms and conditions other than those
contained in Pipeline's FERC Gas Tariff. If Pipeline rejects any request for
available capacity posted pursuant to Section 3.11(B), Pipeline will notify
Customer via e-mail of its reason(s) for such rejection.
(D) All requests received during an open season remain binding on the requesting
party through the end of the open season, unless withdrawn by the requesting
party prior to the close of the open season; provided, however, a requesting
party may withdraw its previous request and submit a request with a higher net
present value during the open season, but neither the requesting party nor an
affiliate thereof may submit a request with a lower net present value during the
open season. At the end of the open season, all requests either withdrawn or
not accepted shall be deemed null and void. If the winning bid is submitted by
the requesting party and the requesting party has complied with the requirements
of Sections 3.2 and 3.3 above, such winning bid shall be binding on the
requesting party and a service agreement shall be executed pursuant to the
requirements of Section 3.12 of these General Terms and Conditions; in the event
Customer does not execute the service agreement as required by Section 3.12,
Customer shall nonetheless be bound by the terms of its winning bid and the
provisions of such service agreement as though it had been fully executed. In
the event the winning bidder is not the requesting party, Pipeline shall
automatically create a Request for Service on behalf of the winning bidder, and
the winning bidder shall be required to comply with the provisions of this
Section 3; if the winning bidder does not execute the service agreement as
required by Section 3.12, such winning bidder shall nonetheless be bound by the
terms of its winning bid and the provisions of such service agreement as though
it had been fully executed. If Pipeline is unable to approve the winning
bidder's Request for Service, the capacity shall be awarded to the party that
submits the next highest bid for the posted capacity, subject to the
requirements of Sections 3.2 and 3.3 above, unless, within one (1) Business Day
of notification of the award of capacity, such party provides Pipeline with
written notification that it rejects such award.