Maritimes & Northeast Pipeline, L.L.C.

First Revised Volume No. 1

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Effective Date: 01/01/2009, Docket: RP09-73-001, Status: Effective

Sub Fourth Revised Sheet No. 249 Sub Fourth Revised Sheet No. 249

Superseding: Fourth Revised Sheet No. 249

 

GENERAL TERMS AND CONDITIONS

(continued)

 

9. CAPACITY RELEASE (continued)

 

(7) any Prearranged Customer proposed to obtain released capacity

under the rates, terms and conditions contained in the

Releasing Customer's Notice;

 

(8) the minimum Reservation Charge (mainline and/or MNLFT), if

any, or, if the Releasing Customer elects, the minimum

Reservation Charge restated on a volumetric basis. For

releases that become effective on or after July 30, 2008, the

Releasing Customer may specify a minimum Reservation Charge

requirement which is in excess of the maximum tariff rate for

the applicable service if (i) the term of the proposed

release is one (1) year or less, and (ii) the effective date

of the proposed release is on or before one (1) year from the

date on which Pipeline is notified of the release, subject to

the restrictions in Section 9.11 herein.

 

(9) whether bids should be submitted in dollars and cents or

percentages of maximum tariff rate;

 

(10) for biddable releases, the bid evaluation method which shall

be, at the Releasing Customer's option, one of the following

three standard evaluation methods: highest rate, net revenue

or present value; or alternative Releasing Customer defined

bid evaluation methods pursuant to Section 9.2(a)(11) below.

In addition to the bid evaluation method, the Releasing

Customer must specify the tie-breaking methodology that

Pipeline will apply to award capacity among multiple bids

that yield the same value;

 

(11) Any alternative bid evaluation method submitted pursuant to

item (10) above shall be objectively stated, applicable to

all Replacement or Prearranged Customers and not unduly

discriminatory, and shall be set forth with sufficient

specificity that Pipeline's evaluation of the bids to

determine the "best bid" is a purely ministerial matter that

does not require any discretionary exercise of judgment by

Pipeline;

 

(12) whether contingent bids may be submitted and, if so, the date

by which each contingent bidder will be required to satisfy

or eliminate the contingency if Releasing Customer elects to

allow the bidder additional time beyond the time period

specified in Section 9.3(a) to satisfy or eliminate the

contingency; ;

 

(13) expiration of Matching Period if the Releasing Customer

desires to establish a Matching Period that is longer than

that specified in Section 9.3 herein; Releasing Customer

shall not be allowed to specify an extension of the original

Bid Period or the Prearranged deal Matching Period without

posting a new release;

 

(14) any additional terms and conditions of releases that are

objective and non-discriminatory;

 

(15) e-mail address for the Releasing Customer contact person. It

is the Releasing Customer's responsibility to update e-mail

address information provided to Pipeline as necessary.