Texas Eastern Transmission, L P
Seventh Revised Volume No. 1
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Effective Date: 01/01/2009, Docket: RP09-70-000, Status: Effective
Original Sheet No. 534D Original Sheet No. 534D
GENERAL TERMS AND CONDITIONS
(Continued)
(E) Allocation of Released Capacity:
Pipeline shall select the "best bid" as defined in Section
3.14(F) from among the bids received. If multiple bids meeting
minimum conditions have been submitted, bids shall be awarded,
best bid first, until all offered capacity is awarded.
(1) If there is only one valid bid, Pipeline shall award the
capacity to the bidder that submitted such bid, subject to
any Prearranged Customer's exercise of its matching rights.
(2) If there is more than one valid bid, then, subject to any
Prearranged Customer's exercise of its matching rights,
Pipeline shall award the capacity to the bidder whose bid
yields the highest value based on the bid evaluation method
specified in Customer's Notice, taking into account the
price, volume and term of the bid, as applicable. If more
than one bid yields the same value under this subsection
(2), Pipeline shall award the capacity according to the
method specified in Customer's Notice ("Tie Break Method")
as a means for awarding the released capacity among
multiple equal bids.
(3) For purposes of determining the value of a bid, Pipeline
shall use only the Reservation Charge (including
Reservation Charges stated on a volumetric basis). If the
bid evaluation method specified by the Releasing Customer
is present value, Pipeline shall use a discount rate of ten
(10) percent.
(4) In the event both a contingent bid and a non-contingent bid
meet the minimum conditions stated in Section 3.14(D)(1)(h)
and generate the "best bid", Pipeline shall reject the
contingent bid, even if the bid with no contingency was
received later in time.
(5) If the winning bid is a contingent bid, the bidder that
submitted such contingent bid will be required to satisfy
or eliminate any contingency in accordance with the
capacity release timeline set forth in Section 3.14(B) or
in the Customer's Notice, as applicable, and shall confirm
to Pipeline via e-mail to link-help@spectraenergy.com that
the contingency has been satisfied or eliminated. In the
event that such bidder fails to satisfy or eliminate its
contingency pursuant to this subsection (5), the capacity
will be awarded to the next highest bidder(s) as determined
pursuant to this Section 3.14(E).