Maritimes & Northeast Pipeline, L.L.C.

First Revised Volume No. 1

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Effective Date: 01/01/2009, Docket: RP09-73-000, Status: Effective

Fifth Revised Sheet No. 254 Fifth Revised Sheet No. 254

Superseding: Fourth Revised Sheet No. 254

 

GENERAL TERMS AND CONDITIONS

(continued)

 

9. CAPACITY RELEASE (continued)

 

9.5 Allocation of Released Capacity.

 

(a) Pipeline shall select the Best Bid as defined in Section 9.5(d)

from among the bids received.

 

(b) In the event a contingent bid is submitted pursuant to Section

9.2(a)(12), the bidder submitting the contingent bid shall have

one hour from 1:00 p.m. CT to 2:00 p.m. CT on the day the Bid

Period ends to satisfy or eliminate the contingency unless

Releasing Customer's Notice provides for additional time for the

bidder to satisfy or eliminate the contingency. Any bidder making

such a contingent bid shall confirm to Pipeline via e-mail to

link-help@spectraenergy.com that the contingency has been

satisfied or eliminated. If the bidder fails to notify Pipeline

that the contingency is not satisfied or eliminated within such

time, such contingent bid shall be deemed rejected by Pipeline for

failure to satisfy or eliminate the contingency. Any

contingencies included in the bid must not be contrary to any

applicable provision of this Tariff.

 

(c) [Reserved for Future Use]

 

(d) Pipeline shall evaluate bids in accordance with the bid evaluation

method specified by the Customer pursuant to Section 9.2(a)(10).

 

(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 the Releasing 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 the Releasing 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.