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.